HOUSE OF REPRESENTATIVES

H.B. NO.

2017

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION TREATMENT PLANS.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii's current system for physicians to submit treatment plans in workers' compensation claims is in need of modernization given advancements in technology.  The legislature further finds that allowing treatment plans to be faxed and emailed will greatly improve the efficiency of Hawaii's workers' compensation system.

     The purpose of this Act is to improve the efficiency of Hawaii's workers' compensation system by allowing the transmittal of treatment plans through electronic media.

     SECTION 2.  Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§386-    Treatment plans.  (a)  Notwithstanding any law to the contrary, a physician may transmit a treatment plan to an employer by certified mail or facsimile; provided that an employer may accept a treatment plan transmitted by secure web portal or secure electronic mail.

     (b)  Beginning January 1, 2021, an employer shall allow a physician to transmit a treatment plan to an employer by facsimile, secure web portal, or secure electronic mail.

     (c)  A treatment plan shall be deemed received by an employer when the plan is sent by certified mail or facsimile, or if applicable, secure web portal or secure electronic mail with reasonable evidence, including an automatic electronic receipt, showing that the treatment plan was received.

     (d)  A treatment plan shall be deemed accepted if an employer fails to file with the director by certified mail, or facsimile, or if applicable, secure web portal, or secure electronic mail:

     (1)  An objection to the treatment plan;

     (2)  Any applicable documentary evidence supporting the denial; and

     (3)  A copy of the denied treatment plan,

copying the physician and the injured employee, within seven business days after the employer's receipt of the treatment plan.

     (e)  Pursuant to subsection (a), employers shall accept the applicable electronic submissions of treatment plans and provide an automatic electronic receipt upon receipt of the submitted treatment plan.

     (f)  After acceptance of the treatment plan, an employer may file an objection to the plan if new documentary evidence is received contrary to the accepted treatment plan."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.



Report Title:

Workers' Compensation; Treatment Plans; Electronic Submission

 

Description:

Allows physicians to submit workers' compensation treatment plans to employers by certified mail or facsimile, or if applicable, secure web portal, or secure electronic mail.  Requires employers to accept electronically submitted treatment plans and provide an electronic receipt of the submission.  (HB2017 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.