Bill Text: HI HB480 | 2025 | Regular Session | Amended
Bill Title: Relating To Workers' Compensation.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2025-02-04 - Bill scheduled to be heard by CPC on Thursday, 02-06-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. [HB480 Detail]
Download: Hawaii-2025-HB480-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
480 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WORKERS' COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that timely and accurate determination of an injured worker's physical abilities and functional restrictions is essential to ensure their fair treatment under the workers' compensation system. Functional capacity exams play a critical role in assessing whether an injured worker can return to work, with or without accommodations, or proceed with vocational rehabilitation when returning to full duty is not possible. However, the current system often delays functional capacity exams due to denials or pending approvals from insurers or adjusters, which prolongs the injured worker's path to recovery and return to work. These delays can exacerbate financial and emotional strain on workers, increase administrative inefficiencies, and impede the progress of vocational rehabilitation programs.
The
purpose of this Act is to streamline the approval process for functional
capacity exams, ensuring automatic approval of such exams when requested by the
attending physician under certain conditions, thereby reducing unnecessary
delays and improving outcomes for injured workers.
SECTION 2. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§386- Functional
capacity exam. (a)
When an injured employee's attending physician has determined that the
employee has reached medical stabilization and is permanently unable to return
to the employee's usual and customary employment, the physician may request a
functional capacity exam to be performed by a qualified health care provider
whose opinion or advice is necessary in the evaluation and treatment of the
injured employee's injury; provided that:
(1) The qualified
health care provider shall be trained to perform a functional capacity exam;
and
(2) The attending
physician shall not be required to obtain permission from the employer before
requesting a functional capacity exam or referring the employee for a
functional capacity exam.
(b)
The name, business address, discipline, and specialty of the qualified
health care provider and reasons for the functional capacity exam shall be
submitted in writing to the employer at least seven calendar days prior to the
referral.
(c)
The qualified health care provider performing the functional capacity
exam shall provide a copy of the exam report to the attending physician and
employer within fourteen calendar days of the date of the exam.
(d)
Fees for functional capacity exams requested by the attending physician
pursuant to this section shall be paid by the employer.
(e)
For the purposes of this section:
"Functional capacity exam" means a
set of tests that are used to identify an injured employee's physical skills,
functional capabilities, activity endurance, and work tolerances after
reaching medical stabilization and provide recommendations regarding the
employee's ability to return to work or return to work with restrictions or the
need for accommodations to safely return to work.
"Qualified health care provider"
means a health care provider who meets the qualifications under section 386-27
to render health care and services under this chapter."
SECTION 3. Section 386-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All health care providers rendering health care and services under this chapter shall be qualified by the director and shall remain qualified by satisfying the requirements established in this section. The director shall qualify any person initially who has a license for the practice of:
(1) Medicine or osteopathy under chapter 453;
(2) Dentistry under chapter 448;
(3) Chiropractic under chapter 442;
(4) Naturopathic medicine under chapter 455;
(5) Optometry under chapter 459;
(6) Podiatry under chapter 463E;
(7) Psychology under
chapter 465; [and]
(8) Advanced practice
registered nurses under chapter 457[.]; and
(9) Occupational therapy under chapter 457G or physical therapy under chapter 461J; provided that occupational therapists and physical therapists qualified under this section shall be qualified for the limited purpose of performing functional capacity exams pursuant to section 386‑ ."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Workers' Compensation; Functional Capacity Exam; Occupational Therapy; Physical Therapy
Description:
Authorizes an attending physician to request a functional capacity exam and refer an injured employee for the exam without first obtaining permission from the employee's employer. Allows licensed occupational and physical therapists to be deemed qualified to perform functional capacity exams. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
