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THE SENATE |
S.B. NO. |
1190 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AUTOMOBILE PERSONAL INJURY LIMITATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 431:10C-308.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The charges and frequency of
treatment for services specified in section 431:10C-103.5(a), except for
emergency services provided within seventy-two hours following a motor vehicle
accident resulting in injury, shall not exceed the charges and frequency of
treatment permissible under the workers' compensation supplemental medical fee
schedule. Charges for independent medical examinations, including record reviews,
physical examinations, history taking, and reports, to be conducted by a
licensed Hawaii provider unless the insured consents to an out-of-state
provider, shall not exceed the charges permissible under the appropriate codes
in the workers' compensation supplemental medical fee schedule. The workers'
compensation supplemental medical fee schedule shall not apply to independent
medical examinations conducted by out-of-state providers if the charges for the
examination are reasonable. The independent medical examiner shall be selected
by mutual agreement between the insurer and claimant; provided that if no
agreement is reached, the selection may be submitted to the commissioner, for
arbitration, or to the circuit court. The independent medical
examiner shall be of the same specialty as the treating or prescribing provider
whose treatment is being reviewed, unless otherwise agreed by the insurer and
claimant. The record reviewer shall have sufficient professional training,
credentials, and experience in treating the type of injury at issue to
competently evaluate the specific treatment that is the subject of the record
review. All records and charges relating to an independent medical
examination and the record review shall be made available to the claimant
upon request. The commissioner may adopt administrative rules pursuant to
chapter 91 relating to fees or frequency of treatment for injuries covered
by personal injury protection benefits[. If adopted, these];
provided that any administrative rules adopted by the commissioner shall
prevail to the extent that they are inconsistent with the workers' compensation
supplemental medical fee schedule."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Motor Vehicle Insurance; Record Reviewer
Description:
Requires a record reviewer for medical treatment provided for an injury covered by a motor vehicle insurance policy to possess sufficient specialized knowledge to assess the specific treatment at issue; makes the record review available upon request. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.