HOUSE OF REPRESENTATIVES

H.B. NO.

855

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VOCATIONAL REHABILITATION SERVICES.

 

 

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

 


     SECTION 1.  Section 386-25, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  A provider shall submit an initial evaluation report of the employee to the employer and the director within forty-five days of the date of referral or selection.  The evaluation shall determine whether the employee requires vocational rehabilitation services to return to suitable gainful employment, identify the necessary services, and state whether the provider can provide these services.  The initial evaluation report shall contain:

     (1)  An assessment of the employee's:

         (A)  Current medical status;

         (B)  Primary disability;

         (C)  Secondary disability;

         (D)  Disabilities that are not related to the work injury; and

         (E)  Physical or psychological limitations or both.

          If this information is not provided by the treating physician within a reasonable amount of time, information from another physician shall be accepted;

     (2)  A job analysis addressing the demands of the employee's employment;

     (3)  A statement from the provider identifying the employee's vocational handicaps in relation to the employee's ability to:

         (A)  Return to usual and customary employment; and

         (B)  Participate in and benefit from a vocational rehabilitation program;

     (4)  A statement from the provider determining the feasibility of vocational rehabilitation services, including:

         (A)  The provider's ability to assist the employee in the employee's efforts to return to suitable gainful employment;

         (B)  An outline of specific vocational rehabilitation services to be provided, justification for the necessity of services, and how the effectiveness of these services is measured; and

         (C)  How the vocational rehabilitation services directly relate to the employee obtaining suitable gainful employment; and

     (5)  The enrollment form and the statement of worker's rights and responsibilities form obtained from the department.

A provider that fails to file a complete report within the time limit prescribed by this section shall be subject to section 386-97.5."

     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 on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Vocational Rehabilitation Services; Penalties

 

Description:

Clarifies that vocational rehabilitation providers are subject to penalties pursuant to section 386-97.5, HRS.

 

 

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