STAND. COM. REP. NO. 2307

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2375

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committees on Labor and Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2375 entitled:

 

"A BILL FOR AN ACT RELATING TO TEMPORARY DISABILITY INSURANCE,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to make housekeeping amendments to update statutory provisions relating to temporary disability insurance.  Specifically, this measure:

 

     (1)  Permits advanced practice registered nurses to certify an employee's disability;

 

     (2)  Increases the penalty for employers who fail to submit timely wage and employment information;

 

     (3)  Permits filing of an appeal of a decision on temporary disability insurance at the various statewide offices of the Department of Labor and Industrial Relations (Department);

 

     (4)  Allows the Department to send notices of hearings electronically or via first-class mail;

 

     (5)  Permits notice of a hearing to be posted on the Department's webpage when notice cannot be delivered; and

 

     (6)  Allows parties to a hearing to appear in person, by telephone, or by other communication device.

 

     Your Committees received testimony in support of this measure from the Department of Labor and Industrial Relations, Hawaii State Center for Nursing, ILWU Local 142, American Association of Nurse Practitioners, and three individuals.

 

     Your Committees find that this housekeeping measure will update current processes and improve the efficiency of the temporary disability insurance program.  Notably, this measure will allow advanced practice registered nurses to certify employee disabilities thereby giving employees additional provider choices, especially employees residing in rural areas; increase the penalty for employers who fail to submit timely wage and employment information from $10 to $250 per request to encourage employers to provide prompt information, thus allowing employees to receive prompt benefit payments; allow the Department to hold hearings in locations other than the county office where the employee was employed or resided at the time of the disability, enabling hearings to be held for employees who may be permanently or temporarily living in another county for medical treatment or other reasons; and allow the Department to hold hearings not only in person but also via telephone or by other communication devices to accommodate parties that are not located on the same island and reduce travel time and costs for the parties.

 

     Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Labor and Commerce, Consumer Protection, and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2375, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2375, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Labor and Commerce, Consumer Protection, and Health,

 

________________________________

ROSALYN H. BAKER, Chair

 

________________________________

JILL N. TOKUDA, Chair