HOUSE OF REPRESENTATIVES

H.B. NO.

215

TWENTY-EIGHTH LEGISLATURE, 2015

 

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 386-79, Hawaii Revised Statutes, is amended to read as follows:

     "§386-79  Medical examination by employer's physician.  (a)  After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer.  The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.

     If an employee refuses to submit to, or in any way obstructs such examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

     (b)  In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer.  If the employer remains dissatisfied, this report may be forwarded to the director.

     Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons exist with regard to the medical progress of the employee's treatment.  The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c).

     (c)  Any physician or surgeon who is selected and paid for by the employer to perform a medical examination pursuant to this section on the employee shall:

     (1)  Be actively treating at least ten patients in any one‑month period;

     (2)  Be actively treating at least 50 per cent of all patients examined by the physician or surgeon in a one-month period; and

     (3)  Possess medical malpractice insurance.

     (d)  For the purposes of this section, "actively treating" means examining and treating a patient for the purpose of providing ongoing medical advice and treatment and shall not include patients that the physician or surgeon is examining for purposes of performing a medical examination paid for by a third party for the purpose of analyzing a workers' compensation claim, federal or state disability benefit claim, or other personal injury claim."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 

 

 


 


 

Report Title:

Workers' Compensation; Independent Medical Examination

 

Description:

Requires that a physician selected and paid for by an employer to conduct a medical examination for workers' compensation purposes shall be actively treating at least ten patients in a one-month period; be actively treating at least 50 per cent of the physician's total patient load in a one-month period; and possess medical malpractice insurance.  Defines "actively treating".

 

 

 

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