Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 731, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to amend the definition of "medical care", "medical services", or "medical supplies" in the workers compensation law to include services provided by occupational therapists and occupational therapy assistants.

This measure also replaces the term "masseur" with "licensed massage therapist."

The Department of Labor and Industrial Relations, the Occupational Therapy Association of Hawaii, the Hawaii Healthcare Association of Hawaii, the Hawaii Chapter of the American Physical Therapy Association, the Queens Medical Center Occupational Therapy Department, and fourteen individuals submitted testimony in support of this measure.

The Building Industry Association of Hawaii submitted testimony in opposition to this measure.

Your Committee finds that currently, occupational therapists and occupational therapist assistants have been providing care for injured workers without reimbursement for such services under workers' compensation law. These professionals have been trained, examined, and licensed, similar to their physical therapist counterparts who are included in the definition of "medical care" under workers' compensation law.

Your Committee determines that to ensure efficient and timely access to care and for the valued rehabilitative services provided, occupational therapists and occupational therapy assistants should be included in the definition of "medical care" in order to provide increased access to those injured workers in need of occupational therapy.

Additionally, your Committee determines that "masseur" is an outdated term and that the language of the statute should be updated to reflect current appropriate terminology.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 731, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Commerce, Consumer Protection and Housing.