HOUSE OF REPRESENTATIVES

H.B. NO.

1509

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION.

 

 

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

 

     SECTION 1.  Section 386-21.2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§386-21.2[]]  Treatment plans.  [(a)  A physician may transmit a treatment plan to an employer by mail or facsimile; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.

     (b)  Beginning January 1, 2021, an] (a)  An employer shall allow a physician to transmit a treatment plan to an employer by mail, facsimile, or secure electronic means; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.

     [(c)] (b)  A treatment plan shall be deemed received by an employer when the plan is [sent by mail or facsimile] transmitted with reasonable evidence showing that the treatment plan was received.

     (c)  An employer shall, within ten days after the treatment plan is deemed received pursuant to subsection (b), file a response with the director either accepting or objecting to the treatment plan by secure electronic means.  An employer who fails to file a response within the ten-day period shall be fined $1,000, unless the director determines there was good cause for the delay.

     (d)  A treatment plan shall be deemed accepted if an employer fails to file with the director[:], with a copy to the physician and the injured employee:

     (1)  An objection to the treatment plan;

     (2)  Any applicable documentary medical evidence supporting the denial; and

     (3)  A copy of the denied treatment plan,

[copying the physician and the injured employee.] within the ten-day period under subsection (c).

     (e)  After acceptance of the treatment plan, an employer may file an objection to the plan if new documentary medical evidence supporting the denial is received by the employer.

     (f)  Any employer found by the director to have denied a treatment plan without reasonable grounds, frivolously, or primarily for purposes of delay, shall be subject to the payment of costs, including reasonable attorneys' fees, incurred by the injured employee or by any authorized representative, billing agent, or health care provider acting on behalf of the injured employee in contesting the denial of the treatment plan or enforcing payment pursuant to the treatment plan.  The director may enforce the penalties imposed by this section."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2026.

 


 

Report Title:

Workers' Compensation; Treatment Plan; Response; Penalty

 

Description:

Repeals the authorization of a physician to transmit a treatment plan by mail or facsimile and the requirement that the physician submit the plan to an address or facsimile number provided by the employer.  Requires an employer to file a response, either accepting or objecting to a treatment plan, within ten days of receipt.  Imposes a monetary penalty if an employer does not file a response within the ten-day period, unless there was good cause for the delay.  Clarifies that a treatment plan is deemed accepted if an employer fails to file certain documents within the ten-day period.  Imposes penalties on employers found to have improperly denied a treatment plan.  (CD1)

 

 

 

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