HOUSE OF REPRESENTATIVES	H.R. NO.	66
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE RESOLUTION

requesting the director of labor and industrial relations to amend title 12, chapter 15, Hawaii Administrative Rules, to clarify that compensation for advanced practice registered nurses under the State's Workers' Compensation Law is distinct from compensation for registered nurses and shall be one hundred percent of the fees authorized under the Medicare Fee Schedule.

WHEREAS, in Hawaii, advanced practice registered nurses are primary care providers whose scope of practice exceeds the scope of practice of registered nurses; and

WHEREAS, title 12, chapter 15, of the Hawaii Administrative Rules (HAR) sets forth the State's Workers' Compensation Medicare Fee Schedule and rules relating to allowable fees; and

WHEREAS, advanced practice registered nurses are covered under the definitions of "health care provider" and "physician" for purposes of the State's Workers' Compensation Law, as set forth in section 386-1, Hawaii Revised Statutes (HRS), and section 12-15-1, HAR; and

WHEREAS, the care, services, and supplies rendered or furnished by an advanced practice registered nurse fall within the definition of "medical care", "medical services", or "medical supplies" for purposes of the Workers' Compensation Law and, because an advanced practice registered nurse is required to register with the Department of Commerce and Consumer Affairs, an advanced practice registered nurse also meets the definition of a "provider of service" under section 12-15-1, HAR; and

WHEREAS, section 12-15-36, HAR, sets forth fees for assistants to providers of service, not providers of service; and

WHEREAS, section 12-15-36(b), HAR, includes within the category of assistants to providers of service registered nurses as recognized pursuant to chapter 457, HRS, whose fees are limited to eighty-five percent of the fees authorized by section 12-15-90, HAR; and

WHEREAS, because advanced practice registered nurses are distinct from registered nurses and considered health care providers, physicians, and providers of service for purposes of the State's Workers' Compensation Law, they should be entitled to receive one hundred percent of the fees authorized under the Medicare Fee Schedule; and

WHEREAS, however, section 12-15-36(b), HAR, does not specifically address or distinguish advanced practice registered nurses from registered nurses, which could cause confusion over the workers' compensation fees to which advanced practice registered nurses are entitled; and

WHEREAS, the Director of Labor and Industrial Relations is authorized under section 386-72, HRS, to make rules necessary for the proper application and enforcement of the Workers' Compensation Law; and

WHEREAS, section 12-15-36(b), HAR, should be amended to acknowledge the distinction between advanced practice registered nurses and registered nurses and remove any potential confusion concerning the fees to which advanced practice registered nurses are entitled in the context of workers' compensation cases; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Director of Labor and Industrial Relations is requested to amend title 12, chapter 15, Hawaii Administrative Rules, to clarify that compensation for advanced practice registered nurses under the State's Workers' Compensation Law is distinct from compensation for registered nurses and shall be one hundred percent of the fees authorized under the Medicare Fee Schedule; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Director of Labor and Industrial Relations.

OFFERED BY:

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Report Title:

Advanced Practice Registered Nurses; Workers' Compensation; Fee Schedule; DLIR; Hawaii Administrative Rules