CONFERENCE COMMITTEE REP. NO. 57-16

Honolulu, Hawaii

                 , 2016

RE:    H.B. No. 2017

       H.D. 1

       S.D. 2

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2017, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION TREATMENT PLANS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Authorize physicians to submit workers' compensation treatment plans to employers by mail or facsimile;

     (2)  Beginning January 1, 2021, require employers to allow physicians to submit workers' compensation treatment plans to employers by mail or facsimile; and

     (3)  Specify requirements for receipt and acceptance of treatment plans, including requiring an employer to file with the Director of Labor and Industrial Relations by mail or facsimile an objection to the treatment plan, evidence supporting the denial, and a copy of the denied treatment plan within ten business days after receipt.

     Your Committee on Conference has amended this measure by:

     (1)  Requiring, beginning January 1, 2021, an employer to allow a physician to submit a workers' compensation treatment plan to an employer by mail, facsimile, or secure electronic means;

     (2)  Clarifying that a treatment plan will be deemed accepted if an employer fails to file with the Director of Labor and Industrial Relations an objection to the treatment plan, evidence supporting the denial, and a copy of the denied treatment plan, copying the physician and the injured employee;

     (3)  Clarifying that after acceptance of the treatment plan, an employer may file an objection to the plan if new documentary evidence supporting the denial is received;

     (4)  Changing its effective date from July 1, 2050, to upon its approval; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2017, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2017, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ ROSALYN H. BAKER, Chair	____________________________ MARK M. NAKASHIMA, Co-Chair
____________________________ GILBERT S.C. KEITH-AGARAN, Co-Chair	____________________________ ANGUS L.K. MCKELVEY, Co-Chair