Report Title:

Vocational Rehabilitation; Rehabilitation Plans

Description:

Requires rehabilitation plan to meet employee's rehabilitation needs; provides that rehabilitation plans or programs are not subject to arbitrary time limit; allows director to consider certain factors in determining whether plan is acceptable; allows self-employment plans in certain cases.

HOUSE OF REPRESENTATIVES

H.B. NO.

1457

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to vocational rehabilitation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 386-25, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Enrollment in a rehabilitation plan or program shall not be mandatory and the approval of a proposed rehabilitation plan or program by the injured employee shall be required. The injured employee may select a certified provider of rehabilitation services. Both the certified provider and the injured employee, within a reasonable time after initiating rehabilitation services, shall give proper notice of selection to the employer. Each rehabilitation plan shall be drafted to meet the injured employee's need for rehabilitation services and there shall be no arbitrary time limit on the rehabilitation program or on any rehabilitation plan; provided that, in determining whether a plan is acceptable, the director may consider factors such as time, cost, and probable effectiveness of the program and the plan. A self-employment plan may be allowed in cases where the employee specifically agrees that, upon completion of a self-employment plan, the employee accepts the self-employment as a return to suitable and gainful employment."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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