COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Rep. Marcus R. Oshiro, Chair

Rep. Bob Nakasone, Vice Chair

HB 2133

Creates a collective bargaining unit for substitute teachers of the DOE, including part-time employees working less than one-half of a full-time equivalent.

LAB, FIN

HB 2420

Specifies that a pest control operator must obtain and maintain continuous coverage of workers' compensation and liability insurance for licensure. And sets forth the consequences for failing to do so.

LAB, CPC

HB 2261

Provides collective bargaining 12 with a tax credit for health care benefits due to the increased cost.

LAB, FIN

HB 880

Expands prohibition of stress-related claims for workers' compensation to include all lawful personnel actions.

LAB, FIN

HD1

Excludes services performed by an individual who is a member of a limited liability company or a partner of a limited liability partnership who has a distributional interest in the company or partnership of at least fifty percent, a partner of a partnership, and a sole proprietor from the definition of "employment under the Workers' Compensation Law.

HB 1374

Provides employers the option of selecting a medical care provider to provide medical services to an employee injured in the workplace.

LAB, FIN

HD1

Mandates rather than permits that the administrative penalties of restitution of benefits or payments fraudulently received under the Workers' Compensation Law be enforced. Entitles parties that successfully investigates fraud to be entitled to 50% of a fine of not more than $10,000 for each violation upon a determination that fraud was committed. Authorizes the Insurance Fraud Investigations Branch, Department of Commerce and Consumer Affairs to initiate investigations, prosecutions, and disciplinary actions relating to workers' compensation.

HB 1775

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Clarifies that payment of benefits under the Workers' Compensation Law shall be terminated if maximum medical improvement has been reached, the employee has filed a false claim, or upon payment of 104 weeks of benefits, whichever comes first. Authorizes the Director to extend benefits upon finding after an administrative hearing that maximum medical improvement has not been achieved or that the injury is deteriorating. Establishes notification requirements of the Director's finding of maximum medical improvement, and proceedings by which a finding of maximum medical improvement may be administratively challenged. Defines "attending physician" and "maximum medical improvement".

HB 1776

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Clarifies that no vocational rehabilitation plan shall include vocational rehabilitation requiring vocational or academic instruction permitting the employee to become self-employed. Provides that successive plans for vocational rehabilitation not be implemented without the approval of the employer. Provides that an employee's refusal to accept a rehabilitation plan shall terminate compensation for temporary total disability.

HB 2324

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Provides that effective January 1, 2005, and for each succeeding calendar year thereafter, the changes for emergency room services under the Workers' Compensation Law provided within 48 hours from the point of injury shall be charged at usual and customary. However, the charge shall not exceed 200% of fees prescribed in the Medical Resource Based Relative Value Scale system applicable to Hawaii as prepared by the United States Department of Health and Human Services

HB 2486

Establishes a definition for the term "attending physician". Excludes from the definition of "employment" service performed by a member of a limited liability company, a partner of a partnership, a partner of a limited liability partnership, and a sole proprietor. Disallows compensation for mental injury or illness caused by good faith personnel actions. Allows an employer to require an injured employee to select a physician from an employer designated healthcare provider list for medical service for the first 120 days of treatment. Limits charges for emergency room services. Revises provisions relating to plans of rehabilitation. Clarifies when benefits may be terminated if a false claim is filed. Validates arbitration agreements and mediation. Allows the Insurance Fraud Investigations Branch to initiate prosecutions and disciplinary actions.

LAB, FIN

HD1

Requires employees to have no more than one attending physician in workers' compensation cases. Authorizes treatment by other physicians if allowed and referred by the attending physician upon a determination that the employee's injury or illness involves more than one body system and requires multidisciplinary care or is so severe or complex that the services of more than one qualified physician or health care provider are required. Provides limits on the number of visits and treatments provided by chiropractors, naturopaths, optometrists, podiatrists, psychologists, massage therapists and any other provider of care who does not qualify as an attending physician. Defines "attending physician" and "palliative care"

HB 2657

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Establishes procedures for aggrieved parties to arbitrate controversies under the Worker's Compensation Law.

HB 2659

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Prohibits compensation for mental injury or illness proximately caused by personnel actions taken in good faith, including disciplinary action, counseling, work evaluation or criticism, job transfer, layoff, demotion, suspension, termination, retirement, or other good faith actions associated ordinarily with personnel administration.

HB 2658

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

HD1

Authorizes the employer to mandate the injured employee to select from an employer designated health care provider list (provider list) for the first 120 days of medical treatment. Requires the provider list to: (1) Contain no less than three physicians or physician networks; and (2) Be furnished upon date of employment or prior to the date of injury. Provides that 50% of the provider list contain qualified health providers who reside on the island where the injured employee resides. In the absence of any provider list, the injured employee may select any physician or surgeon practicing on the island where the injury was incurred. Only after 120 days of treatment for a work injury may an employee utilizing a provider list opt to change attending physicians for any reason.

HB 2660

Allows an employer to direct an employee to a physician of the employer's choice in workers' compensation cases.

LAB, FIN

HD1

Allows an employer to direct an employee to a physician of the employer's choice in workers' compensation cases.

Chair