Regulatory Compliance
Hawaii
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Hawaii Regulatory Updates 02/17/2025
Hawaii HB 13 – Establishes Notice Requirements For Employers Under Hawaii’s Workers’ Compensation Law. Requires Employers Who Deny the Compensability of an Employee’s Injury to Submit a Written Report Supporting the Denial to the Director of Labor and Industrial Relations Within a Specified Period. Requires Employers to Furnish to the Injured Employee Up to $10,000 For Medical Care, Services, and Supplies For the Period Immediately Following the Injury and So Long As Reasonably Needed or Until the Employer Files a Written Report With the Director Denying the Compensability of the Injury, Whichever Is Earlier. Clarifies That Failure to Give an Employer Notice of an Employee’s Injury Does Not Bar a Claim For Compensation If any Person Having Authority In the Interest of the Employer Had Knowledge of the Injury
Summary For 01/14/2025
This measure incorporates adjustments to Hawai’i’s worker’s compensation laws. This measure provides that the employer must, no later than 10 days after discovery of the employee’s injury and disability, provide the employee with written notice stating the amount of temporary total/partial disability benefits due to the employee, the method in which the amount was calculation, and the duration and schedule of benefit payments.
- This measure details the steps for employers to take if the employer cannot determine the employee’s right to any period of disability benefits within 10 days of discovery.
This measure provides that if the employer denies or controverts liability for the payment of any temporary total/partial disability benefits for any period for which an employee claims indemnity, the employer must provide the employee and the director with written notice of the employer’s denial of liability and the reason for it, within 30 days of the filing.
- If the denial is based on a medical report, it must be provided no later than 30 days after the employer’s receipt of the report with a copy of the report itself.
- This measure outlines the required information needed in the notice if an employer’s denial of liability is related to a medical issue.
This measure provides that notice of changes to temporary total or partial disability benefit rates, payment amount or schedule for disability benefits, before or at the same time as the new payment, the employer must provide written notice to the employee stating the new benefit rate, new payment amount and schedule, and the reason for the change.
- This measure requires notice when benefits are terminated or resumed from termination.
This measure outlines the required information for an employee’s injury that has or may result in permanent disability if the employee’s medical condition is not stabilized. This measure requires the employer to provide the injured employee with written notice stating the weekly amount of permanent disability benefits due to the employee, how it was calculated, and the duration and schedule of benefit payments as well as the employer’s estimate of permanent disability benefits to be paid. This measure outlines the notice requirements for an employer’s denial of liability when it is related to a medical issue. This measure states that if a work injury causes the death of any employee who has weekly permanent disability benefits, the employer must notify the employee’s dependents of any benefits to which they are entitled to. This measure outlines complication solutions and the timeline for providing these benefits. This measure requires an employer to furnish the employee with all medical care, services, and supplies immediately after a work injury is sustained by an employee so long as needed or until the employer denies the compensability of the injury, up to $10,000 worth. The liability for the care, services, and supplies is subject to the deductible. A notice must be provided for denial including the reasoning. This measure requires an employer to provide an employee with instruction to submit all bills for care, services, and supplies provided between the date the employee was injured and the date the employer submitted a report to the director denying the employer’s liability.
- The furnishing of medical care, services, and supplies does not give rise to a presumption of liability on the part of the employer.
This measure requires any employer or insurance carrier who fails to comply with these provisions must pay no more than $5,000 into the special compensation fund in addition to other penalties prescribed. Any employer who fails to submit a report will be deemed as the employer’s acceptance of compensability. This can only be rebutted by evidence discovered after the expiration of the period to file the written report. This measure will take effect July 1, 2025.
Most Recent Update:
- 01/21/2025 – Referred to the House Committee on Labor, House Committee on Consumer Protection & Commerce, and the House Committee on Finance
Hawaii SB 402 – Establishes Notice Requirements For Employers Under Hawaii’s Workers’ Compensation Law. Requires Employers Who Deny the Compensability of an Employee’s Injury to Submit a Written Report Supporting the Denial to the Director of Labor and Industrial Relations Within a Specified Period. Requires Employers to Furnish to the Injured Employee Up to $10,000 For Medical Care, Services, and Supplies For the Period Immediately Following the Injury and So Long As Reasonably Needed or Until the Employer Files a Written Report With the Director Denying the Compensability of the Injury, Whichever Is Earlier. Clarifies That Failure to Give an Employer Notice of an Employee’s Injury Does Not Bar a Claim For Compensation If any Person Having Authority In the Interest of the Employer Had Knowledge of the Injury
Summary For 01/22/2025
This measure requires employers who deny the compensability of an employee’s injury to submit a written report supporting the denial to the Director of Labor and Industrial Relations no later than 10 days after the employer obtains knowledge of the employee’s injury and disability. If the employer cannot determine the employee’s right to any period of temporary total or partial disability benefits within the 10 days, the employer must provide the injured employee with written notice, within the 10 days, informing the employee of the delay, when a determination is likely to be made, and any other required information.
This measure takes effect July 1.
Most Recent Update:
- 01/21/2025 – Jointly Referred to the Senate Committee on Labor and Technology and the Senate Committee on Judiciary/Senate Committee on Ways and Means
Hawaii Regulatory Updates 07/11/2024
Hawaii HB 1944 – Workers’ Compensation; Cervical and Lumbar Spinal Injuries; Coverage; MRI; Specialists
Issues: Workers’ Compensation (General)
Summary For 03/20/2024
This measure applies to workers’ compensation benefits. It allows an employee to obtain the following medical care or services without a treatment plan within 60 days of an injury: (1) one magnetic resonance imaging (MRI) of the cervical spine and one MRI of the lumbar spine if the employee’s physician determines the employee has symptoms of a spinal injury or has a traumatic injury or neurologic symptoms to the cervical spine based on an x-ray or computed tomography scan; and (2) one consultation with an orthopedic or neurologic specialist if the employee’s physician determines that an orthopedic or neurologic specialist is needed for evaluation and treatment of the injury. The orthopedic or neurologic specialist must provide written consultation to the employer within seven days and a written report to the employer within 14 days of the consultation. This measure takes effect July 1, 2050.
Most Recent Update:
01/21/2024 – Jointly Referred to the Senate Committee on Labor and Technology and the Senate Committee on Judiciary/Senate Committee on Ways and Means
Hawaii Regulatory Updates 04/11/2024
Hawaii HB 1944 – Workers’ Compensation; Cervical and Lumbar Spinal Injuries; Coverage; MRI; Specialists
Issues: Workers’ Compensation (General)
Summary For 03/20/2024
This measure applies to workers’ compensation benefits.
It allows an employee to obtain the following medical care or services without a treatment plan within 60 days of an injury: (1) one magnetic resonance imaging (MRI) of the cervical spine and one MRI of the lumbar spine if the employee’s physician determines the employee has symptoms of a spinal injury or has a traumatic injury or neurologic symptoms to the cervical spine based on an x-ray or computed tomography scan; and (2) one consultation with an orthopedic or neurologic specialist if the employee’s physician determines that an orthopedic or neurologic specialist is needed for evaluation and treatment of the injury. The orthopedic or neurologic specialist must provide written consultation to the employer within seven days and a written report to the employer within 14 days of the consultation. This measure takes effect July 1.
Most Recent Update:
03/27/2024 – This measure was heard and passed on March 27 in the Senate Commerce and Consumer Protection Committee by a vote of 4-0. It awaits further consideration in the Senate.
Hawaii Services
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