Hawaii-2014-HB437-Amended

SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§386- Medical examinations; selection of physicians. (a) Following an injury and after a claim is filed by the injured employee, the employer, upon mutual agreement of the parties, may appoint a qualified physician, paid by the employer, to conduct an independent medical examination or a permanent impairment rating examination of the injured employee, and make a report to the employer. The employee or the employee's representative shall be promptly provided with a copy of the report of the independent medical examination or permanent impairment rating examination.

The director shall keep and maintain a list of qualified physicians and their respective qualifications. If the employer and the employee cannot agree on a physician to perform the independent medical examination or permanent impairment rating examination, the employer or employee may request in writing that the physician be appointed by the director. Within seven calendar days of the receipt of request, the director shall appoint from the director's list of qualified physicians, a physician licensed in a relevant medical specialty, licensed to practice in Hawaii, willing to undertake the examination, and paid for by the employer.

Any physician mutually selected by the employer and employee or appointed by the director shall examine the employee within forty-five calendar days of selection or appointment or as soon as practicably possible.

In no event shall an independent medical examination and a permanent impairment rating examination be combined into a single medical examination unless the injured employee consents in writing prior to the scheduling of the examinations.

In no event shall the director, appellate board, or court order more than one employer-requested independent medical examination and one permanent impairment rating examination per case, unless valid reasons exist with regard to the medical progress of the employee's treatment or where major surgery and elective surgery, or either, is contemplated.

If an employee refuses to submit to, or in any way obstructs the examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues. The cost of conducting the ordered independent medical examination or permanent impairment rating examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386‑21(c).

A physician selected to perform an independent medical examination or permanent impairment rating examination, as provided in this subsection, shall be currently licensed pursuant to chapter 453; except that upon approval by the director, a physician who resides outside the State of Hawaii and is licensed in another state as a physician equivalent to a license under chapter 453, may be selected if there is no State of Hawaii-licensed physician available in a relevant medical specialty. Further, if the claimant does not reside in Hawaii, a physician who resides outside the State of Hawaii and is licensed in the state of the out-of-state claimant's residence as a physician equivalent to a license under chapter 453 may be selected. Upon approval of the director, a physician who resides outside the state of the out-of-state claimant's residence and is licensed in another state as a physician equivalent to a license under chapter 453 may be selected if there is no physician available in a relevant medical specialty in the out-of-state claimant's state of residence.

(b) When an injured employee has attained medical stability as determined by the injured employee's attending physician, the employer may appoint a physician, paid by the employer and selected by agreement of the parties, who shall conduct a permanent impairment rating examination of the injured employee pursuant to subsection (a).

For the purposes of this subsection, "medical stability" means that no further improvement in the injured employee's work-related condition can reasonably be expected from curative health care or the passage of time."

SECTION 2. Section 386-79, Hawaii Revised Statutes, is repealed.

["~~§386-79 Medical examination by employer's physician.~~ After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.

If an employee refuses to submit to, or in any way obstructs such examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer. If the employer remains dissatisfied, this report may be forwarded to the director.

Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons exist with regard to the medical progress of the employee's treatment. The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c)."]

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 for the establishment of three full-time equivalent (3.00 FTE) permanent workers' compensation hearings officer positions and two full-time equivalent (2.00 FTE) permanent office assistant positions in the disability compensation division of the department of labor and industrial relations to assist in workers' compensation claims.

The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2113; provided that:

(1) Section 3 shall take effect on July 1, 2013; and

(2) This Act shall be repealed on June 30, 2018, and section 386-79, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of section 2 of this Act.

HOUSE OF REPRESENTATIVES	H.B. NO.	437
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII