REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Requires the employer rather than the injured employee to select
the treating physician.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2555
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO WORKERS' COMPENSATION. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 386-21, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Whenever medical care is needed, the [injured employee
 
 4 may] employer of the injured employee shall select any physician
 
 5 or surgeon who is practicing on the island where the injury was
 
 6 incurred to render such care.  If the services of a specialist
 
 7 are indicated, the [employee may] employer shall select any
 
 8 [such] specialist physician or surgeon practicing in the State.
 
 9 The director may authorize the selection of a specialist
 
10 practicing outside the State where no comparable medical
 
11 attendance within the State is available.  Upon procuring the
 
12 services of [such] the physician or surgeon, the [injured
 
13 employee] employer shall [give proper notice of the employee's
 
14 selection to the employer within a reasonable time after the
 
15 beginning of the treatment.] immediately inform the injured
 
16 employee of the physician or surgeon's name, address, and phone
 
17 number; provided that it shall be the responsibility of the
 
18 injured employee to seek the treatment, except if the injury
 
19 requires immediate medical attendance.  If for any reason during
 

 
Page 2                                                     
                                     S.B. NO.           2555
                                                        
                                                        

 
 1 the period when medical care is needed, the employee wishes to
 
 2 change to another physician or surgeon, the employee may do so in
 
 3 accordance with rules prescribed by the director.  [If the
 
 4 employee is unable to select a physician or surgeon and the
 
 5 emergency nature of the injury requires immediate medical
 
 6 attendance, or if the employee does not desire to select a
 
 7 physician or surgeon and so advises the employer, the employer
 
 8 shall select the physician or surgeon.  Such selection, however,
 
 9 shall not deprive the employee of the employee's right of
 
10 subsequently selecting a physician or surgeon for continuance of
 
11 needed medical care.]"
 
12      SECTION 2.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect upon its approval.
 
15 
 
16                       INTRODUCED BY:  ___________________________