Bill Text: HI HB2375 | 2018 | Regular Session | Amended
Bill Title: Relating To Temporary Disability Insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-07-11 - Act 162, on 07/10/2018 (Gov. Msg. No. 1271). [HB2375 Detail]
Download: Hawaii-2018-HB2375-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2375 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO TEMPORARY DISABILITY INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 392-26, Hawaii Revised Statutes, is amended as follows:
1. By amending its title and subsection (a) to read:
"§392-26 Care by physician, advanced practice
registered nurse, or equivalent required. (a) An
individual shall be ineligible to receive temporary disability benefits with
respect to any period during which the individual is not under the care of a
person duly licensed to practice medicine, surgery, dentistry, chiropractic,
osteopathy, or naturopathic medicine, or an advanced practice registered
nurse, who shall certify, in the form and manner specified by [regulation]
rule of the director, the disability of the claimant, the probable
duration [thereof,] of the disability, and such other medical
facts within the person's knowledge as required by [regulation.] rule."
2. By amending subsection (c) to read:
"(c) The proof of disability duly certified by a
person licensed to practice medicine, surgery, dentistry, chiropractic,
osteopathy, or naturopathic medicine, or an advanced practice registered
nurse, or an authorized or accredited practitioner of any group [which]
that depends for healing upon prayer or other spiritual means shall be
submitted by [such] the certifying person to the disabled
employee within seven working days after the date on which the employee was
examined and found disabled. If the
certifying person fails to submit the required proof within seven working days,
the director, upon notification by the insurer, may levy a penalty of $25 for
each delinquent certification where the certifying person fails to show good
cause for the person's failure to file on time."
SECTION 2. Section 392-51, Hawaii Revised Statutes, is amended to read as follows:
"[[]§392-51[]] Failure to submit timely wage and employment
information. An employer to whom an
insurer has sent a request for information on wages, hours, and duration of
employment regarding an employee claiming disability benefits shall complete
and submit such information within seven days from the date the request was
received. If the employer fails to
submit [such] the information within seven days, the director
upon notification by the insurer shall levy a penalty of [$10] $250 for
each delinquent request where the employer fails to show good cause for failure
to file on time."
SECTION 3. Section 392-72, Hawaii Revised Statutes, is amended to read as follows:
"§392-72 Appeals, filing, and hearing. (a) If
a person disputes the amount of benefits, paid under part III or part IV, or
the denial of benefits, the claimant may file an appeal, in the form and manner
prescribed by [regulation] rule of the director, at the office of
the department [in the county in which the claimant resides or in the county
in which the claimant was employed prior to the claimant's disability],
within twenty days after the date of payment of such disputed benefits or the
denial thereof. Notice of the appeal
shall be served upon the employer or insurer or the trust fund for disability
benefits in the form and manner prescribed by [regulation] rule of
the director. Notice of a hearing of
an appeal shall be sent by electronic service or by first-class mail to the
claimant and insurer or employer or trust fund for disability benefits at least
fifteen calendar days prior to the hearing.
If notice sent by electronic service or by first-class mail is attempted
but not made, and the department has been unable to ascertain the address of
the party after reasonable and diligent inquiry, the notice of hearing may be
given to the party by online posting on the department's webpage. The online posting shall appear at least
fifteen calendar days prior to the date of the hearing. The online posting shall be removed from the
webpage no less than five business days after the date of the hearing.
(b) The appeal [shall] may be heard
in [the] any county [in which the appeal is filed; provided
that the director may by regulation provide for good cause for the holding of a
hearing in another county], and the parties may appear at the
hearing in person, by telephone, or by other communication devices approved by
the department, or by a combination of the preceding methods. The parties shall be provided with notice of
the hearing and shall be provided with the opportunity to object to the hearing
being held in a county other than the county in which the claimant resides or
in which the claimant was employed prior to the claimant's disability. Upon such objection, the hearing shall be
heard in the county in which the claimant resides or in which the claimant was
employed prior to the claimant's disability.
Failure of a party to object to the location of the hearing within the
time specified in the notice shall be deemed consent by the party to the
location of the hearing. The department
may provide for the taking of depositions.
Unless the appeal is withdrawn with the permission of the referee, the
referee after affording the parties reasonable opportunity for a fair hearing
shall make findings and conclusions and on the basis thereof affirm, modify, or
deny the disputed benefits. In the
event any party fails to appear at the hearing, the referee shall issue a
decision based on the available information. All parties shall be promptly notified of the
decision of the referee and shall be furnished with a copy of the decision and
the findings and conclusions in support [thereof and the] of the
decision. The decision shall be
final and shall be binding unless a proceeding for judicial review is initiated
pursuant to section 392-75; provided that within the time provided for taking
an appeal and prior to the filing of a notice of appeal, the referee may reopen
the matter, upon application of the director or any party, or upon the
referee's own motion, and thereupon may take further evidence or may modify the
referee's decision, findings, or conclusions.
In the event the matter is reopened, the referee shall render a further
decision in the matter, either reaffirming or modifying the referee's original
decision, and notice shall be given thereof in the manner hereinbefore
provided. The time to initiate judicial
review shall run from the notice of such further decision if the matter has
been reopened."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Temporary Disability Insurance; Disability Certification; Submission of Wage and Employment Information; Hearing Location; Service; Notice
Description:
Permits advanced practice registered nurses to certify an employee's disability. Increases the penalty an employer is assessed for failing to submit timely wage and employment information. Permits filing of an appeal of a decision related to temporary disability insurance at the various offices of the Department of Labor and Industrial Relations throughout the State. Allows the department to send notices of hearing electronically or by first-class mail. Clarifies that when the notice of hearing cannot be delivered to a party in the appeal, the notice may be given by online posting on the department's webpage. Allows the parties to a hearing to appear in person, via telephone, or by other communication devices. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
