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HB2323
HOUSE OF REPRESENTATIVES
H.B. NO.
2323
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE WORKERS
'
COMPENSATION LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
Section
386-21, Hawaii Revised Statutes, is amended by amending subsection (d) to read
as follows:
����
"(d)
�
The director, with input from stakeholders in the workers
'
compensation system, including but not limited to
insurers, health care providers, employers, and employees, shall establish
standardized forms for health care providers to use when reporting on and
billing for injuries compensable under this chapter.
�
[
The forms may be in triplicate, or in any
other configuration so as to minimize, to the extent practicable, the need for
a health care provider to fill out multiple forms describing the same workers'
compensation case to the department, the injured employee's employer, and the
employer's insurer
]."
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SECTION 2.
�
Section 386-21.2, Hawaii Revised Statutes, is amended to read as
follows:
����
"
[
[
]
�386-21.2
[
]
]
�
Treatment plans
.
�
[
(a)
�
A physician may transmit a treatment plan to
an employer by mail or facsimile; provided that the physician shall send the
treatment plan to an address or facsimile number provided by the employer.
����
(b)
�
Beginning January 1, 2021, an
]
(a)
�
An
employer shall allow a physician to
transmit a treatment plan to an employer by mail, facsimile, or secure
electronic means; provided that the physician shall send the treatment plan to
an address or facsimile number provided by the employer.
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[
(c)
]
(b)
�
A treatment plan shall be deemed received by
an employer when the plan is [
sent by mail or facsimile
]
transmitted
with reasonable evidence showing that the treatment plan was received.
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[
(d)
]
(c)
�
A treatment plan shall be deemed accepted if
an employer fails to file with the director:
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(1)
�
An
objection to the treatment plan;
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(2)
�
Any
applicable documentary evidence supporting the denial; and
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(3)
�
A
copy of the denied treatment plan,
copying the
physician and the injured employee.
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[
(e)
]
(d)
�
After acceptance of the treatment plan, an
employer may file an objection to the plan if new documentary evidence
supporting the denial is received by the employer."
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SECTION 3.
�
Section 386-25, Hawaii Revised Statutes, is amended by amending
subsection (g) to read as follows:
����
"(g)
�
The employer shall have ten calendar days from [
the postmark date on
which the plan was mailed
]
the receipt of the plan
to submit in
writing to the director any objections to the plan.
�
A treatment plan shall be deemed received
by an employer when the plan is transmitted with reasonable evidence showing
that the plan was received.
"
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SECTION 4.
�
Section 386-95, Hawaii Revised Statutes, is amended to read as follows:
����
"
�386-95
�
Reports of injuries, other reports, penalty.
�
Every employer shall keep a record of all
injuries, fatal or otherwise, received by the employer's employees in the
course of their employment, when known to the employer or brought to the
employer's attention.
����
Within seven working days after the
employer has knowledge of such injury causing absence from work for one day or
more or requiring medical treatment beyond ordinary first aid, the employer
shall make a report thereon to the director.
�
The report shall set forth the name, address, and nature of the employer's
business and the name, age, sex, wages, and occupation of the injured employee
and shall state the date and hour of the accident, if the injury is produced
thereby, the nature and cause of the injury, and such other information as the
director may require.
����
By January 31 of each year, the employer
shall file with the director a report with respect to each injury on which the
employer is continuing to pay compensation, showing all amounts paid by the
employer on account of the injury.
����
The reports required by this section shall
be [
made on forms to be obtained from the director pursuant to section
386-71 and deposit of reports in the United States mail or
]
submitted
by electronic means as approved by the director[
, addressed to the director,
]
.
�
Reports submitted
within the time
specified shall be deemed
in
compliance with the requirements of this
section.
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When an injury results in immediate death,
the employer shall within forty-eight hours notify personally or by telephone a
representative of the department in the county where the injury occurred.
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Within thirty days after final payment of
compensation for an injury, the employer shall file a final report with the
director showing the total payments made, the date of termination of temporary
total disability, and such other information as the director may require.
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Any employer who willfully refuses or
neglects to file any of the reports or give any notice required by this section
shall be fined by the director not more than $5,000.
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Copies of all reports, other than those of
fatal injuries, filed with the director as required by this section shall be
sent to the injured employee by the employer."
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SECTION 5.
�
Section 386-96, Hawaii Revised Statutes, is amended by amending
subsection (e) to read as follows:
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"(e)
�
[
Deposit
]
Submission
of the records required by subsection
(a)(1) [
in the United States mail or
] by electronic means as approved by
the director, [
addressed to the director and to the employer,
] within
the time limit specified, shall be deemed in compliance with the requirements
of this section."
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SECTION 6.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
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SECTION 7.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Workers' Compensation; Disability Compensation Division;
Modernization of Data System; Electronic Submission of Reports
Description:
Repeals the requirement that health care providers' forms
be filed with the Director of Labor and Industrial Relations (DLIR) in
triplicate.
�
Clarifies the way a
physician transmits a treatment plan to an employer.
�
Repeals a reference to the employer's receipt
of a vocational rehabilitation plan by mail.
�
Repeals the option of employers to submit reports to the DLIR via United
States mail.
�
Repeals the option of
health care providers to provide reports to the DLIR or employer via mail.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.