STAND. COM. REP. NO.1251

Honolulu, Hawaii

, 2003

RE: H.B. No. 731

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 731, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

begs leave to report as follows:

The purpose of this measure is to amend the definition of "medical care", "medical services", or "medical supplies" under the workers' compensation law by (1) including services provided by occupational therapists and occupational therapy assistants; and (2) replacing the term "masseur" with the term "licensed massage therapist".

Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations, Kaiser Permanente, Straub Clinic & Hospital, Hawaii Chapter American Physical Therapy Association, Occupational Therapy Association of Hawaii, Healthcare Association of Hawaii, and forty-four individuals. Testimony in opposition was received from the Building Industry Association.

Occupational therapists and occupational therapists assistants have been providing care to injured workers, but have not been reimbursed for such services because they are not statutorily included as a provider under the workers' compensation law. Your Committee finds that occupational therapists and occupational therapy assistants undergo training, examination, and licensing, akin to their physical therapist counterparts who are included in the definition of "medical care" under workers' compensation law. Your Committee believes that occupational therapists and occupational therapy assistants provide valued rehabilitative treatment, and that their inclusion in the definition of "medical care" will provide increased access to those injured workers in need of occupational therapy.

Your Committee further finds that "masseur" is an outdated term and that the language of the statute should be updated to reflect current appropriate terminology.

Your Committee has amended this measure by making a technical, nonsubstantive amendment.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 731, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 731, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

____________________________

RON MENOR, Chair