REPORT TITLE:
Motor Vehicle Ins


DESCRIPTION:
Caps medical fees for independent medical examinations in the
motor vehicle insurance law at $400 rather than at the charge
levels set under the workers' compensation fee schedules.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2214
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE INSURANCE LAW.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:10C-308.5, Hawaii Revised Statutes,
 
 2 is amended by amending subsection (b) to read as follows:
 
 3      "(b)  The charges and frequency of treatment for services
 
 4 specified in section 431:10C-103.5(a), except for emergency
 
 5 services provided within seventy-two hours following a motor
 
 6 vehicle accident resulting in injury, shall not exceed the
 
 7 charges and frequency of treatment permissible under the workers'
 
 8 compensation schedules.  Charges for independent medical
 
 9 examinations, including record reviews, physical examinations,
 
10 history taking, and reports, to be conducted by a licensed Hawaii
 
11 provider unless the insured consents to an out-of-state provider,
 
12 shall not exceed [the charges permissible under the workers'
 
13 compensation schedules for consultation for a complex medical
 
14 problem.  The workers' compensation schedules shall not apply to
 
15 independent medical examinations conducted by out-of-state
 
16 providers; provided that the charges for the examination are
 
17 reasonable.] $400.  All records and charges relating to an
 
18 independent medical examination shall be made available to the
 
19 claimant upon request.  The commissioner may adopt administrative
 

 
Page 2                                                     2214
                                     H.B. NO.           
                                                        
                                                        

 
 1 rules relating to fees or frequency of treatment for injuries
 
 2 covered by personal injury protection benefits.  If adopted,
 
 3 these administrative rules shall prevail to the extent that they
 
 4 are inconsistent with the workers' compensation schedules."
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                       INTRODUCED BY:  ___________________________