Report Title:

Workers' compensation; Annual Reports

 

Description:

Requires the employer's carrier to submit annual reports to the director of labor and industrial relations on the costs of its policies.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2390

TWENTY-FOURTH LEGISLATURE, 2008

 

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 386-124, Hawaii Revised Statutes, is amended to read as follows:

     "§386-124  The insurance contract[.]; annual reports.  (a)  Every policy of insurance issued by an insurer of an employer, referred to in section 386-1 [which], that covers the liability of the employer for compensation shall cover the entire liability of the employer to the employer's employees covered by the policy or contract[,] and provide for the deductible under section 386-100, at the option of the insured.  The policy also shall contain a provision setting forth the right of the employees to enforce, in their own names either by filing a separate claim or by making the insurance carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of the compensation.  Payment in whole or in part of compensation by either the employer or the insurance carrier [shall], to the extent [thereof,] of the payment, shall be a bar to the recovery against the other of the amount so paid.

     All insurance policies shall be of a standard form, [the form to] which shall be designated and approved by the insurance commissioner.  No policy of insurance different in form from the designated and approved form shall be approved by the director.    (b)  Every insurer of an employer referred to in section 386-1 shall provide to the director and to the insurance commissioner before March 2 of each calendar year an annual report of the costs of its policies, which includes:

     (1)  Costs of independent medical examinations;

     (2)  Costs for legal services relating to administration of claims; and

     (3)  Administrative costs.

All annual reports shall be of a standard form to be designated and approved by the insurance commissioner."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:

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