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HI HB1961
Bill
Status
1/21/2014
Primary Sponsor
Mark Nakashima
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AI Summary
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Replaces unilateral employer-ordered medical examinations with a mutual agreement process requiring both employer and employee to agree on the physician conducting independent medical examinations and permanent impairment rating examinations.
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Establishes a physician selection process where if parties cannot agree within five working days, they jointly create a list of five physicians and alternately strike names until one remains.
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Requires the cover letter notifying the selected physician be sent to the injured worker at least five working days before the appointment, and the employee must receive a copy of the examination report.
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Allows out-of-state physicians to be selected only with director approval if no Hawaii-licensed physician is available in the required specialty, or if the employee resides out-of-state.
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Limits examinations to one independent medical examination and one permanent impairment rating examination per case unless valid medical reasons exist, with examinations to be completed within forty-five calendar days of physician selection.
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Effective July 1, 2112 with sunset date of June 30, 2018 (note: effective date appears to contain a typographical error).
Legislative Description
Workers' Compensation; Medical Examinations; Mutual Agreement
Last Action
Report adopted. referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Cullen, Fale, Fukumoto, Hanohano, Har, Ing, Ito, Johanson, Lowen, Matsumoto, McDermott, McKelvey, Oshiro, Say, Thielen, Tokioka, Ward, Yamane voting aye with reservations; Representative(s) Kawakami voting no (1) and Representative(s) Cachola, Carroll, Creagan, Nakashima, Takumi excused (5).
2/14/2014