STAND. COM. REP. NO. 2747

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2589
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 2589 entitled: 

     "A BILL FOR AN ACT RELATING TO INDEPENDENT MEDICAL
     EXAMINATIONS,"

begs leave to report as follows:

     The purpose of this measure is to establish additional
qualifications for doctors performing independent medical
examinations (IMEs) of workers' compensation claimants.

     Testimony on the measure was submitted by the Department of
Labor and Industrial Relations (DLIR), City and County of
Honolulu, Consumer Lawyers of Hawaii, Hawaii Insurers Council,
ILWU Local 142, Building Industry Association, Hawaii Psychiatric
Medical Association, Rehab Work Health, Argonaut Insurance
Company, Hawaii State Chiropractic Association, Honolulu Sports
Medical Clinic, Inc., Maui Health Center, Hawaii Medical
Association and several individuals. 

     This measure would require that a doctor performing an IME
of a worker's compensation claimant have an active license in the
same professional regulatory category as the claimant's treating
physician, and that the license have been active for the previous
five consecutive years.  This measure is intended to insure that
doctors performing IMEs are qualified by similar education and
training to evaluate the treatment provided by the claimant's
treating physician, and that the IME is not colored by
differences in treating philosophies and methodologies between

 
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                                   STAND. COM. REP. NO. 2747
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the medical disciplines.  Further, this measure would provide
that IMEs are conducted by doctors who have ties to the community
and who will be held accountable for their medical opinions.

     Your Committee finds that the additional requirements for an
IME physician established in this measure have raised numerous
concerns.  Your Committee further finds that modifying the manner
in which IME doctors are selected may minimize the risk of bias
and abuse in the evaluation process intended to be addressed by
this measure, and would provide for a more balanced approach to
the IME process.  Accordingly, your Committee has amended this
measure by:

     (1)  Establishing a process for selecting an IME physician
          that requires the parties' agreement to the selection,
          and lacking an agreement, mandates the director of DLIR
          to select a physician from a list maintained by the
          department; and 

     (2)  Deleting the proposed definition for "duly qualified".

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2589, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as
S.B. No. 2589, S.D. 1, and be placed on the calendar for Third
Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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