Bill Text: HI SB2802 | 2018 | Regular Session | Introduced
Bill Title: Relating To Temporary Disability Insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-24 - Referred to LBR/CPH, JDC. [SB2802 Detail]
Download: Hawaii-2018-SB2802-Introduced.html
|
THE SENATE |
S.B. NO. |
2802 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TEMPORARY DISABILITY INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 392-26, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§392-26
Care by physician, advanced practice registered nurse, or
equivalent required. (a) An individual shall be ineligible to receive
temporary disability benefits with respect to any period during which the
individual is not under the care of a person duly licensed to practice
medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic
medicine, or an advanced practice registered nurse, who shall certify,
in the form and manner specified by [regulation] rule of the
director, the disability of the claimant, the probable duration thereof, and
such other medical facts within the person's knowledge as required by [regulation.] rule."
SECTION 2. Section 392-26, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The proof of disability duly certified by a person licensed to practice medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic medicine, or an advanced practice registered nurse, or an authorized or accredited practitioner of any group which depends for healing upon prayer or other spiritual means shall be submitted by such certifying person to the disabled employee within seven working days after the date on which the employee was examined and found disabled. If the certifying person fails to submit the required proof within seven working days, the director, upon notification by the insurer, may levy a penalty of $25 for each delinquent certification where the certifying person fails to show good cause for the person's failure to file on time."
SECTION 3. Section 392-51, Hawaii Revised Statutes, is amended to read as follows:
"[[]§392-51[]]
Failure to submit timely wage and employment information. An employer to whom an insurer has sent a
request for information on wages, hours, and duration of employment regarding
an employee claiming disability benefits shall complete and submit such
information within seven days from the date the request was received. If the employer fails to submit such
information within seven days, the director upon notification by the insurer
shall levy a penalty of [$10] $250 for each delinquent request
where the employer fails to show good cause for failure to file on time."
SECTION 4. Section 392-72, Hawaii Revised Statutes, is amended to read as follows:
"§392-72
Appeals, filing, and
hearing. (a) If a person disputes the amount of benefits,
paid under part III or part IV, or the denial of benefits, the claimant may file
an appeal, in the form and manner prescribed by [regulation] rule
of the director, at the office of the department [in the county in which the
claimant resides or in the county in which the claimant was employed prior to
the claimant's disability], within twenty days after the date of payment of
such disputed benefits or the denial thereof.
Notice of the appeal shall be served upon the employer or insurer or the
trust fund for disability benefits in the form and manner prescribed by [regulation]
rule of the director. Notice
of a hearing of an appeal shall be sent by electronic service or by first-class
mail to the claimant and insurer or employer or trust fund for disability
benefits at least fifteen calendar days prior to the hearing. If notice sent by electronic service or by
first-class mail is attempted but not made, and the department has been unable
to ascertain the address of the party after reasonable and diligent inquiry,
the notice of hearing may be given to the party by online posting on the
department's webpage. The online posting
shall appear at least fifteen calendar days prior to the date of the
hearing. The online posting shall be
removed from the webpage no less than five business days after the date of the
hearing.
(b) The appeal [shall] may be heard
in [the] any county [in which the appeal is filed; provided
that the director may by regulation provide for good cause for the holding of a
hearing in another county], and the parties may appear at the
hearing in person, by telephone, or by other communication devices approved by
the department, or by a combination of the preceding. The parties shall be provided with notice of
the hearing and shall be provided with the opportunity to object to the hearing
being held in a county other than the county in which the claimant resides or
in which the claimant was employed prior to the claimant's disability. Upon such objection, the hearing shall be
heard in the county in which the claimant resides or in which the claimant was
employed prior to the claimant's disability.
Failure to object to the location of the hearing within the time
specified in the notice shall be deemed consent by the parties to the location
of the hearing. The department may
provide for the taking of depositions.
Unless the appeal is withdrawn with the permission of the referee, the
referee after affording the parties reasonable opportunity for a fair hearing
shall make findings and conclusions and on the basis thereof affirm, modify, or
deny the disputed benefits. In the
event any party fails to appear at the hearing, the referee shall issue a
decision based on the available information. All parties shall be promptly notified of the
decision of the referee and shall be furnished with a copy of the decision and
the findings and conclusions in support [thereof and the] of the
decision. The decision shall be final and shall be binding
unless a proceeding for judicial review is initiated pursuant to section
392-75; provided that within the time provided for taking an appeal and prior
to the filing of a notice of appeal, the referee may reopen the matter, upon
application of the director or any party, or upon the referee's own motion, and
thereupon may take further evidence or may modify the referee's decision,
findings, or conclusions. In the event
the matter is reopened, the referee shall render a further decision in the
matter, either reaffirming or modifying the referee's original decision, and
notice shall be given thereof in the manner hereinbefore provided. The time to initiate judicial review shall
run from the notice of such further decision if the matter has been
reopened."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act, upon its approval, shall take effect on January 1, 2019.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Temporary Disability Insurance; Disability Certification; Submission of Wage and Employment Information; Hearing Location; Service; Notice
Description:
Permits advanced practice registered nurses to certify an employee's disability. Increases the penalty an employer is assessed for failing to submit timely wage and employment information. Permits filing of an appeal of a decision related to temporary disability insurance at the various offices of the Department of Labor and Industrial Relations throughout the State. Allows the department to send notices of hearing electronically or by first-class mail. Clarifies that when the notice of hearing cannot be delivered to a party in the appeal, the notice may be given by online posting on the department's webpage. Allows the parties to a hearing to appear in person, via telephone, or by other communication devices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
