Bill Text: HI SB1116 | 2017 | Regular Session | Introduced
Bill Title: Relating To Workers' Compensation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-01-27 - Referred to JDL/CPH, WAM. [SB1116 Detail]
Download: Hawaii-2017-SB1116-Introduced.html
|
THE SENATE |
S.B. NO. |
1116 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to workers' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 386-79, Hawaii Revised Statutes, is amended to read as follows:
"§386-79 Medical examination [by
employer's physician.] under mutual agreement between employer and
employee. [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).] (a) Following an injury and after a
claim is filed by the injured employee, the employer may appoint a qualified chiropractor
or physician mutually agreed upon by the parties and paid for 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.
(b) The employer shall send a cover letter notifying the selected chiropractor or physician that the chiropractor or physician has been mutually selected by the parties to conduct the examination. The cover letter shall be transmitted to the injured employee at least five working days prior to the appointment. Upon the issuance of the report of the independent medical examination or permanent impairment rating examination, the employee or employee's representative shall be promptly provided with a copy thereof.
(c) A chiropractor or physician selected pursuant to this section to perform an independent medical examination or a permanent impairment rating examination shall be a chiropractor or physician who is willing to undertake the examination, will be paid by the employer, and is currently licensed in Hawaii to practice chiropractic pursuant to chapter 442 or medicine or surgery pursuant to chapter 453; except that upon approval by the director, a chiropractor or physician in a specialty area who resides outside of the State and is licensed in another state with requirements equivalent to the licensure requirements for chiropractors under chapter 442 or physicians under chapter 453, may be selected if no chiropractor or physician licensed in the State in that specialty area is available to conduct the examination.
If the employee does not reside in Hawaii, a chiropractor or physician who is licensed in and who resides in the state of the employee's residence may be selected if that state's licensure requirements are equivalent to the licensure requirements for chiropractors under chapter 442 or physicians under chapter 453.
(d) If the parties are unable to reach a mutual agreement on the selection of a chiropractor of physician to conduct the independent medical examination or permanent impairment rating examination, the director of labor and industrial relations shall appoint a duly qualified impartial chiropractor or physician to examine the injured employee and submit a report. The fees for such examination shall be paid from the funds appropriated by the legislature for use by the department of labor and industrial relations.
(e) Any chiropractor or physician mutually selected or otherwise appointed to do an independent medical examination or permanent impairment rating examination pursuant to this section shall examine the employee within forty-five days of receiving notice of the selection or appointment, or otherwise, as soon as possible.
(f) In no event shall an independent medical examination and a permanent impairment rating examination be combined into a single medical examination unless the employee consents in writing to the single examination by the selected chiropractor or physician.
In no event shall the director, appellate board, or a court order more than one requested independent medical examination and one permanent impairment rating examination per case, unless valid reason exists with regard to the medical progress of the employee's medical treatment or when major surgery or elective surgery is contemplated. In the event of multiple examinations, the process of mutually selecting or otherwise appointing a chiropractor or physician set forth in this section shall apply.
(g) If an employee refuses to submit to, or unreasonably interferes with the examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or interference ceases. No compensation shall be payable to the employee for the period of suspension.
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).
(h) When an employee has attained medical stability as determined by the employee's attending physician, a chiropractor or physician may be appointed to conduct a permanent impairment rating examination. The chiropractor or physician shall be mutually selected by the parties or otherwise appointed pursuant to this section.
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. Medical stability is also deemed to have occurred when the injured employee refuses to undergo further diagnostic tests or treatment that the health care provider believes will greatly aid in the employee's recovery."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2017.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Workers' Compensation; Medical Examination; Mutual Agreement
Description:
Provides that an independent medical examination and permanent impairment rating examination shall be conducted by a qualified chiropractor or physician selected by the mutual agreement of the parties. Provides a process for appointment in the event that there is no mutual agreement.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
