Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-40 - Concurrent medical treatment

Current through June,
				2024
(a) One attending
				physician shall be in charge of the care of the injured employee. However,
				treatment by more than one qualified health care provider may be allowed if the
				attending physician determines the employee's injury involves more than one
				body system and requires multidiscipline care or is so severe or complex that
				services of more than one qualified health care provider are
				required.
(b) When requesting
				consideration for concurrent treatment, the attending physician shall obtain
				permission from the employer prior to initiating such referral. The name,
				business address, discipline, and specialty of the assisting qualified health
				care provider and the reasons for concurrent treatment shall be submitted in
				writing to the employer at least seven calendar days prior to
				referral.
(c) In the event of
				concurrent treatment, the director and the employer shall continue to recognize
				the attending physician who shall be responsible for directing the overall
				treatment program and assuring that copies of all required reports are
				submitted. The concurrent health care provider shall comply with the treatment
				requirements pursuant to section 12-15-32.
(d) Whenever a request for concurrent
				treatment is received, the employer shall respond within seven calendar days
				after postmark of such request, giving authorization, or stating in writing the
				reason for refusal to the attending physician, the injured employee, and the
				director. The employer's denial of concurrent treatment shall be supported by
				health care recommendations and shall explicitly state that failure to request
				a review by the director of the employer's denial within fourteen calendar days
				after postmark of the employer's denial shall be construed as acceptance of the
				employer's denial. If a request for concurrent medical treatment has been
				denied, the attending physician may not resubmit the same request for
				concurrent care with the same medical specialty for forty-five calendar days
				after postmark of the employer's denial. Failure by the employer to respond
				within seven calendar days shall constitute approval of the request.
(e) The attending physician or the injured
				employee may request in writing that the director review the employer's denial
				of authorization for concurrent treatment. The request for review shall be
				filed with the director, copying the employer, within fourteen calendar days
				after postmark of the employer's denial. A copy of the denied concurrent
				treatment request shall be submitted with the request for review. For cases not
				under the jurisdiction of the director at the time of request, the injured
				employee shall be responsible to have the case remanded to the director's
				jurisdiction. Failure to file a request for review of the employer's denial to
				the director within fourteen calendar days after postmark of the employer's
				denial shall be deemed acceptance of the employer's denial, and the attending
				physician may not resubmit the same request for concurrent care with the same
				medical specialty for forty-five calendar days after postmark of the employer's
				denial.
(f) The director shall
				issue a decision after hearing, approving or denying the request for concurrent
				treatment based on the evidence presented (inclusive of records on
				file).
(g) The decision shall be
				final unless appealed pursuant to section
				386-87,
				HRS. The appeal shall not stay the director's decision.
(h) If the nature of the injury requires the
				concurrent services of two or more specialists for treatment, then each
				physician shall be entitled to the listed fee for services rendered.