Repeals the changes to the state's workers' compensation law, including the limiting of the Director's authority to amend administrative rules which would allow the Director to implement evidence-based, clinically tested, medical treatment guidelines.

A BILL FOR AN ACT

SECTION 1. The purpose of this bill is to ensure injured workers receive the quality medical care that they are entitled to when they are injured on the job by repealing Act 11, Special Session Laws of Hawaii 2005.

Act 11 amended Hawaii's workers' compensation law to repeal administrative rules mandating the use of evidence based, clinically tested, treatment guidelines that would have ensured injured employees received quality medical treatment for their work injury.

Act 11 also prohibited the director of labor and industrial relations from adopting or amending administrative rules pertaining to chapter 386 until July 1, 2007, except for rules relating to the annual update of the medical fee schedules specific to the amount paid to medical providers. Further, this bill also repeals several amendments within Act 11 that codified several administrative rules into state law. These amendments should be repealed and placed back into the jurisdiction of administrative rulemaking to allow the director the flexibility to adjust these administrative rules as necessary and appropriate.

This Act would return authority to the director to adopt or amend administrative rules pertaining to chapter 386, to ensure that the workers' compensation system is administered efficiently and fairly.

SECTION 2. Act 11, Special Session Laws of Hawaii 2005, is repealed; provided that sections 386-1, 371-7, 371-8, 386-25, 386-26, 386-31(b), 386-72, 386-86, 386-94, 386-96(a), 386-98(e), and 386-121(a), Hawaii Revised Statutes, are reenacted in the form they read on July 11, 2005.

SECTION 3. This Act shall take effect upon approval.