reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-17 - Decision and order

Current through June, 2024
(a) The director shall hold a hearing and
				issue a written decision. The decision shall order sanctions or fines or both
				if the director determines that the health care provider acted in bad faith and
				violated any provision of sections
				386-26
				or
				386-27,
				HRS, or any related rules.
(b) The
				decision shall be sent to the respective parties of interest. If the health
				care provider is sanctioned or fined, the director shall send a copy of the
				decision to the department of commerce and consumer affairs.
(c) The decision shall be final unless
				appealed pursuant to section
				386-87,
				HRS. The appeal shall not stay the director's decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-19 - Reinstatement

Current through June, 2024
A health care provider whose qualification has been revoked
				  may, upon written application, be reinstated after a period of two years at the
				  discretion of the director provided the health care provider meets the
				  standards prescribed in this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-20 - Advisory panel of health care providers

Current through June,
				2024
(a) When the
				director determines an advisory panel is necessary, the director shall notify
				the complainant and the health care provider of concern. The complainant and
				the health care provider of concern shall submit the names of their preferred
				advisory panelist and two alternates to the director.
(b) The director shall select a health care
				provider in the relevant specialty area to represent the director on the
				advisory panel for the complaint reviewed. The health care provider shall be
				available to the department for consultation, or panel review, or
				both.
(c) If any party fails to
				submit names within the time allowed by the director, the director may select
				on behalf of that party, a person to fill that party's panelist's position. The
				director shall then notify the selected panel of the date of review and the
				facts of the case.
(d) If any
				panelist considers the nature of the case to be within the panelist's scope and
				field of expertise, and does not represent a conflict of interest, the panelist
				shall notify the director of the panelist's availability. If any panelist is
				unable to attend the review for any reason, the director shall notify the next
				alternate.
(e) The advisory panel
				shall be chaired by the health care provider appointed by the director and may
				meet with the director as deemed necessary to review the complaint.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-21 - Advisory panel function

Current through June,
				2024
(a) The advisory
				panel shall have the right to request or subpoena through the director relevant
				information, such as x-rays and chart notes on each case. The health care
				provider against whom the complaint has been filed shall be notified of the
				health care provider's right to appear before the advisory panel at a specified
				time and place for a review of the complaint.
(b) After the review, the advisory panel
				shall recommend to the director disposition of the case.
(c) Should the health care provider of
				concern fail or decline to appear, the advisory panel shall recommend to the
				director appropriate action based on the available evidence.
(d) After receipt of the recommendation of
				the advisory panel, the director shall hold a hearing pursuant to section
				386-86,
				HRS. The director shall furnish the health care provider against whom the
				complaint has been filed and the complainant a copy of the advisory panel's
				recommendation upon request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-22 - Advisory panel fees

Current through June,
				2024
For each complaint reviewed, the special compensation fund
				  shall pay $500 to the chairperson of the advisory panel and $300 to each of the
				  other two panel members.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 2 - HEALTH CARE PROVIDERS › Section 12-15-23 - Selection of new health care provider upon suspension or revocation of qualification

Current through June,
				2024
(a) If a health
				care provider's qualification is suspended or revoked, the health care provider
				shall provide the director a list of all industrially injured employees
				currently being treated subject to chapter
				386, HRS, under the suspended or
				revoked health care provider's care within thirty calendar days of the
				director's decision.
(b) The
				director shall notify all injured employees under the suspended or revoked
				health care provider's care of the suspension or revocation within seven
				calendar days of receipt of the list of injured employees. The injured employee
				shall select a new health care provider. This selection shall not be considered
				a first change as permitted under section 12-15-38.
(c) If the suspended or revoked health care
				provider does not provide the list of injured employees after thirty calendar
				days of the director's decision, the director shall notify all known injured
				employees under the suspended or revoked health care provider's care of the
				suspension or revocation. This notification by the director shall not absolve
				the suspended or revoked health care provider of responsibility under this
				section for providing such list to the director.
(d) The newly selected health care provider
				shall notify the employer and the director in writing of the health care
				provider's selection within seven calendar days of selection.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-30 - Provider of service responsibilities

Current through June,
				2024
(a) The rules
				herein apply to all providers of service. Additional rules pertaining to
				specialty areas are published in the appropriate section.
(b) The total allowed treatments shall not be
				performed should an injured employee recover from the injury prior to reaching
				the maximum allowed.
(c) The
				director may request evidence of treatment efficacy from the provider of
				service.
(d) Frequency of treatment
				specified in the rules herein are guidelines to improve provider of service
				accountability and are not intended to be an authoritative prescription for
				health care.
(e) All providers of
				service are required to comply with reporting requirements pursuant to chapter
				386, HRS, and any related rules.
(f) The director may deny compensation to any
				provider of service who performs services in excess of the frequency of
				treatment guidelines without authorization pursuant to the statute or any
				related rules.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-31 - Who may provide services

Current through June,
				2024
(a) All providers
				of service deemed qualified by the director may provide services to an injured
				employee. Treatment shall fall within the scope of the provider's of service
				license or certification to practice.
(b) Treatment rendered by an unqualified or
				disqualified provider of service shall not be reimbursed, except in
				emergencies.
(c) Any service
				performed by a provider of service who is not a physician as defined in section
				386-l, HRS, shall be referred by and be under the direction of the attending
				physician. Treatment may be rendered on the basis of a written prescription and
				treatment plan approved by the attending physician as specified in section
				12-15-34. The prescription and treatment plan shall be individualized for the
				patient's industrial injury.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-32 - Physicians

Current through June, 2024
(a) Frequency and extent of treatment shall
				not be more than the nature of the injury and the process of a recovery
				requires. Authorization is not required for the initial fifteen treatments of
				the injury during the first sixty calendar days.
(b) If the physician believes treatments in
				addition to that allowed by subsection (a) are required, the physician shall
				transmit a treatment plan to the employer by mail or facsimile under separate
				cover at least seven calendar days prior to the start of the additional
				treatments to an address or facsimile number provided by the employer. A
				treatment plan shall be for one hundred twenty calendar days and shall not
				exceed fifteen treatments within that period. Treatments provided with less
				than seven calendar days notice are not authorized. A complete treatment plan
				shall contain the following elements:
(1)
				Projected commencement and termination dates of treatment;
(2) A clear statement as to the impression or
				diagnosis;
(3) A specific time
				schedule of measurable objectives to include baseline measurements at the start
				of the treatment plan and projected goals by the end of the treatment
				plan;
(4) Number and frequency of
				treatments;
(5) Modalities and
				procedures to be used; and
(6) An
				estimated total cost of services. Treatment plans which do not include the
				above specified elements but which are reasonable and necessary may not be
				denied by the employer, but upon written notification from the employer, the
				physician shall correct the deficiency(s) and the employer's liability is
				deferred as long as the treatment plan remains deficient. Neither the injured
				employee nor the employer shall be liable for services provided under a
				treatment plan that remains deficient. Both the front page of the treatment
				plan and the envelope in which the plan is mailed or the cover sheet if the
				plan is sent by facsimile shall be clearly identified as a "WORKERS'
				COMPENSATION TREATMENT PLAN" in capital letters and in no less than ten point
				type.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-34 - Providers of service other than physicians

Current through June,
				2024
(a) Frequency and
				extent of treatment shall not be more than the nature of the injury and the
				process of a recovery require. Any health care treatment or service performed
				by a Hawaii licensed or certified provider of service other than a physician
				shall be directed by the attending physician based on a written prescription
				signed, dated, and approved by the attending physician. The prescription may
				authorize up to an initial fifteen treatments of the injury during the first
				sixty calendar days. For therapists, the prescription may authorize up to an
				initial twenty treatments of the injury during the first sixty calendar
				days.
(b) If the attending
				physician believes treatments in addition to that allowed by subsection (a) are
				required, the provider of service other than a physician, in lieu of the
				attending physician, may transmit a treatment plan for review and approval to
				the attending physician who shall, after approval, transmit the treatment plan
				to the employer by mail or facsimile under separate cover at least seven
				calendar days prior to the start of the additional treatments to an address or
				facsimile number provided by the employer. A treatment plan shall be for one
				hundred twenty calendar days and shall not exceed fifteen treatments within
				that period. Treatments provided with less than seven calendar days notice are
				not authorized. A complete treatment plan shall contain the following elements:
(1) Projected commencement and termination
				dates of treatment;
(2) A clear
				statement as to the impression or diagnosis;
(3) A specific time schedule of measurable
				objectives to include baseline measurements at the start of the treatment plan
				and projected goals by the end of the treatment plan;
(4) Number and frequency of
				treatments;
(5) Modalities and
				procedures to be used; and Treatment plans which do not include the above
				specified elements but which are reasonable and necessary may not be denied by
				the employer, but upon written notification from the employer, the physician or
				the provider of service, with approval by the attending physician, shall
				correct the deficiency(s) and the employer's liability is deferred as long as
				the treatment plan remains deficient. Neither the injured employee nor the
				employer shall be liable for services provided under a treatment plan that
				remains deficient. Both the front page of the treatment plan and the envelope
				in which the plan is mailed or the cover sheet if the plan is sent by facsimile
				shall be clearly identified as a "WORKERS' COMPENSATION TREATMENT PLAN" in
				capital letters and in no less than ten point type.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-36 - Assistants to providers of service

Current through June,
				2024
(a) Providers of
				service may have treatment in their discipline carried out by persons certified
				or licensed to provide such service.
(b) Fees for services provided by licensed
				physician assistants as recognized pursuant to chapter
				453, and registered nurses as
				recognized pursuant to chapter
				457,
				shall be eighty-five per cent of the fees authorized by section
				12-15-90.
(c) Physical therapists
				may have treatment in their discipline carried out by physical therapist
				assistants as recognized pursuant to
				461J-3(e).
				Physical therapist assistants must have completed a program accredited by The
				Commission on Accreditation in Physical Therapy Education. The physical
				therapist assistants shall be compensated at sixty per cent of the fees
				authorized by section 12-15-90.
(d)
				Occupational therapists may have treatment in their discipline carried out by
				certified occupational therapy assistants as recognized pursuant to chapter
				457G. Occupational therapy assistants must have completed a program accredited
				by the Accreditation Council for Occupational Therapy Education or an
				accreditation body recognized by the Accreditation Council for Occupational
				Therapy Education. The certified occupational therapy assistants shall be
				compensated at sixty per cent of the fees authorized by section
				12-15-90.
(e) The qualifications of
				assistants to providers of service must be identified on the bill for service
				for each service performed by an assistant. Fees that fail to identify services
				performed by assistants may be denied.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-38 - Change of physician, surgeon, hospital, or rehabilitation facility

Current through June, 2024
(a) In the event an injured employee elects
				to change attending physicians, the employee shall notify the employer prior to
				initiating the change. The newly selected attending physician shall make a
				diligent effort to secure from the previous physician, or from the employer,
				all of the available medical information. The previous attending physician
				shall immediately forward, upon request, all requested information and x-rays
				to the new attending physician. Changes in attending physician by the injured
				employee subsequent to the first change require prior approval by the director
				or employer.
(b) On the basis of
				competent medical advice, the director shall determine the need for or
				sufficiency of medical services furnished or to be furnished to the employee
				and may order any needed change of physician, surgeon, hospital, or
				rehabilitation facility. For this purpose, "competent medical advice" may
				include advice from a panel of at least three physicians selected by the
				director after consultation with organizations such as the Hawaii Medical
				Association and convened for the purpose of this subsection. Fees for the panel
				of physicians selected by the director shall be paid from funds appropriated by
				the legislature for use by the department.
(c) Whenever the director determines medical
				reports submitted on an employee's industrial injury are not sufficiently
				complete to ascertain maximum medical recovery and to permit rendering a sound
				decision on the extent of disability suffered by the employee, the director
				shall refer the employee to another physician or surgeon for further
				examination and evaluation, all at the expense of the employer.
(d) Whenever the director determines medical
				reports submitted on an employee's industrial injury are such that there may
				reasonably be diverse medical opinions on the extent of disability sustained by
				the employee (but for all other purposes the reports are complete), the
				director may appoint a duly qualified impartial physician or surgeon to examine
				the employee and reports. The fees for such examinations shall be paid from
				funds appropriated by the legislature for use by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-50 - Emergency treatment

Current through June,
				2024
(a) In emergency
				cases, an unqualified health care provider shall be duly compensated under the
				provisions of section
				386-21,
				HRS, and any related rules, for services rendered to an injured
				employee.
(b) The unqualified
				health care provider shall, at the earliest reasonable and practicable time,
				transfer care of the injured employee to a duly qualified physician. Treatment
				provided by an unqualified health care provider subsequent to such time as
				deemed reasonable and practicable shall not be reimbursed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-52 - Anesthesia services

Current through June,
				2024
(a) A base unit is
				listed for all procedures in the medical fee schedule in accordance with
				section 12-15-90. This includes the base unit of all anesthesia services except
				the value of the actual time spent administering the anesthesia or in unusual
				detention with the patient.
(b) As
				allowed under Medicare, the anesthesia charges are equal to the sum of the base
				and time units for the service multiplied by a geographically adjusted
				anesthesia-specific conversion factor.
(c) The total value for anesthesia services
				includes pre- and post-operative visits, the administration of the anesthetic,
				and the administration of fluids or blood incident, or both, to the anesthesia
				or surgery.
(d) The time units are
				computed by dividing the total anesthesia time by fifteen minutes.
(e) Calculated values for anesthesia services
				shall be used when the anesthesia is administered by a licensed physician or
				certified registered nurse anesthetist and a fee shall be paid only for the
				individual anesthetic service.
(f)
				If the general or regional anesthetic is administered by the attending surgeon,
				the value shall be fifty per cent of the calculated value.
(g) Necessary drugs and materials provided by
				the anesthesiologist or certified registered nurse anesthetist may be charged
				for separately in accordance with section 12-15-55.
(h) When unusual detention with the patient
				is essential for the safety and welfare of the patient, the necessary time will
				be valued on the same basis as indicated for anesthesia time.
(i) No additional fee shall be allowed for
				local infiltration or digital block anesthesia administered by the operating
				surgeon.
(j) When either a
				hypothermia or a pump oxygenator, or both, are employed in conjunction with an
				anesthetic, the anesthetic "basic" value will be equal to that of procedure
				code 00560.
(k) Where anesthesia is
				administered for dental services, if the above rules are not applicable, a fee
				equal to that of procedure code 00120 for inhalation anesthesia and equal to
				that of procedure code 00102 by an intravenous route will be allowed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-53 - Hospital services

Current through June,
				2024
(a) When
				hospitalization is required for further treatment of an injured employee, that
				employee shall have a free choice of a licensed hospital on the island where
				the injury occurred. If the employee is in critical condition or unable to
				express a choice or requires service from a hospital not located on the island
				where the injury occurred, then the attending physician may designate the
				hospital to which the injured employee will be taken.
(b) Hospital charges for an injured employee
				shall be limited to the lowest room charge for the nature of the injury at the
				hospital where confined, except if the nature of the injury requires private
				care, intensive care, or isolation, as determined by the attending physician,
				in which case the prevailing private rates may be charged.
(c) Where an injured employee is treated in
				the emergency facility of a hospital, the allowable hospital charge for the use
				of the emergency room shall be the established emergency room charge for that
				particular hospital.
(d) All
				hospital charges shall be itemized when a bill is submitted.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-54 - Radiology services

Current through June,
				2024
(a) Taking of
				anterior- posterior (A-P), lateral, and oblique x-rays shall be discretionary
				for one hundred twenty days following the initial treatment and may be allowed
				without authorization. Prior authorization from the employer must be obtained
				for x-rays subsequent to the initial one hundred twenty days of
				treatment.
(b) Diagnostic tests and
				x-rays shall be taken, reported, and marked for identification and orientation
				in accordance with the accepted standard of radiologic practice. X-rays shall
				be taken with machines with a current certification by the department of
				health.
(c) Where contrast
				examinations are performed, fees shall include the usual contrast media. When
				special trays or materials are provided by the physician, rather than by the
				hospital, an additional charge is warranted.
(d) Injection procedures, including major
				surgery, for the purpose of performing needed radiological studies, are covered
				in the section on surgery. The fee shall be paid to the physician actually
				performing the service.
(e) X-rays
				shall be furnished upon request to the director or the employer and shall be
				returned upon review. When requested by the director or employer, the health
				care provider shall make any x-rays in the health care provider's possession
				available to the consulting physician. The injured employee may carry the
				x-rays to the consultation. When there is a change in attending physicians, the
				x-rays or copies of good quality shall be made available to the new attending
				physician at no charge. Refusal of a health care provider to provide the x-rays
				upon request at any time shall result in nonpayment of the fee or credit to the
				employer's account for the radiological study.
(f) Fees shall include both the technical and
				professional components. In the absence of any prior agreement between a
				radiologist and a hospital or other facility furnishing technical radiology
				services, the professional component shall be thirty-five per cent of the
				scheduled radiology fee. The technical (-TC) and professional (-26) components
				may be billed separately using the appropriate modifiers as indicated by
				Medicare. Billings for x-rays are not reimbursable without a report of the
				findings.
(g) Radiotherapy includes
				the use of x-ray and other high energy modalities (betatron, linear
				accelerator, etc.), radium cobalt, and other radioactive substances. Fees for
				therapy include follow-up care, and concomitant office visits, but not
				concomitant surgical, radiological, or laboratory procedures.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 3 - TREATMENT › Section 12-15-55 - Drugs, supplies, and materials

Current through June,
				2024
(a) Charges for
				prescribed drugs, supplies, or materials for the use of the injured employee
				shall be separately listed and certified by the provider, or a duly authorized
				representative, that such charges for drugs, supplies, or materials were
				required and prescribed for the industrial injury.
(b) Dietary supplements such as minerals and
				vitamins shall not be reimbursable unless a specific compensable dietary
				deficiency has been clinically established in the injured employee as a result
				of the industrial injury.
(c)
				Payment for prescriptive drugs will be made at the average wholesale price
				listed in the Red Book plus forty per cent when sold by a physician, hospital,
				pharmacy, or provider of service other than a physician. Billings for
				prescriptive drugs must include the national drug code number listed in the
				current Red Book followed by the average wholesale price listed at time of
				purchase by the provider of service. Approved generics shall be substituted for
				brand name pharmaceuticals unless the prescribing physician certifies no
				substitution is permitted because the injured employee's condition will not
				tolerate a generic preparation.
(d)
				Payment for supplies, which includes shipping charges, shall not exceed cost
				plus forty percent Providers are allowed to seek reimbursement for the
				applicable Hawaii general excise tax.
(e) Charges for orthotic, prosthetic, and
				durable medical equipment include fees for adjusting and fitting services and
				shall not exceed one hundred ten per cent of fees allowed by Medicare's fee
				schedule for durable medical equipment applicable to Hawaii. Beginning January
				1, 2005 and each calendar year thereafter, the Medicare Fee Schedule in effect
				as of January 1 of that year shall be the effective fee schedule for that
				calendar year.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 4 - ADMINISTRATION › Section 12-15-80 - Reports of providers of service

Current through June,
				2024
(a) Any provider of
				service required by chapter
				386, HRS, this chapter, or any
				related rules to make and submit reports of an injury and treatment shall:
(1) Submit those reports to the director and
				the self-insured employer, or the insurer of the employer when the employer is
				not self-insured, whichever is applicable; and
(2) Itemize its statement of services
				rendered in a manner showing the date of injury, diagnosis, date of each visit
				or service, the appropriate code number used as the basis for the charge, and
				the fee not to exceed the maximum allowed under the medical fee schedule. No
				service charge for preparing and submitting reports required by section
				386-96,
				HRS, and any related rules shall be allowed.
(3) Interim WC-2 reports shall be submitted
				monthly with the corresponding billing invoice, if applicable, to the employer
				and shall include the following:
(A) Current
				diagnosis and prognosis;
(B)
				Complete information as to the nature of the examination(s) and treatments
				performed, dates of those treatments, and the results obtained within the
				current reporting period;
(C) A
				complete listing of all tests performed within the current reporting period and
				the results of the tests;
(D) A
				statement of whether the injured employee is improving, worsening, or if
				"medical stabilization" has been reached; and
(E) Dates of disability, work restrictions,
				if any, and return to work date.
(4) When an injured employee is returned to
				full-time, regular, light, part-time, or restricted work, the attending
				physician shall submit a report to the employer within seven calendar days
				indicating the date of release to work or medical stabilization.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 4 - ADMINISTRATION › Section 12-15-85 - Rules for allowable fees for medical, surgical, and hospital services and supplies

Current through June,
				2024
(a) Under no
				circumstances shall a provider of service directly charge the injured employee
				for treatments relating to the industrial injury.
(b) When all the required care for a case
				reasonably falls within the range of qualifications of one physician, no other
				physician may claim a fee, except for consultation service or for surgical
				assistance. For groups of physicians or hospitals with satellite clinics, when
				service is rendered by a group member of the same specialty, the group shall
				submit bills as though one physician had cared for the patient.
(c) Medical, surgical, or hospital care of an
				unusual type or unlisted fee may occur which represents a type of service over
				and beyond listed procedures. Appropriate fees may be allowed, subject to the
				employer's approval prior to the service being provided and after submission of
				a report to the employer containing at least the following information:
(1) Diagnosis (post-operative);
(2) Size, location, and number of lesions or
				procedures where appropriate;
(3)
				Major surgical procedure and supplementary procedures;
(4) Estimated follow-up period.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A › Subchapter 4 - ADMINISTRATION › Section 12-15-92 - Controverted case payments

Current through June,
				2024
(a) When only the
				question of the liable employer in an industrial injury is to be settled, and
				medical charges remains unpaid, the last employer shall pay such charges. Such
				payment shall be made without decision of the director. When a liability
				determination is made, the liable employer, if not the last employer, shall
				reimburse the last employer.
(b) In
				the event a controverted workers' compensation claim is deemed compensable, the
				employer shall pay the outstanding charges to the providers of service in
				accordance with section 12-15-90 within thirty-one calendar days of the
				decision of the director. Failure to make payment within thirty-one calendar
				days will increase the balance due by one per cent per month.
(c) In the event a controverted workers'
				compensation claim is deemed compensable and the injured employee has paid the
				provider of service, the employer shall reimburse the injured employee the
				actual sums paid to the provider of service within thirty-one calendar days of
				the decision of the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-1 - Definitions

Current through June, 2024
As used in this chapter:
"Department" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Director" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Employ" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Employee" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Employer" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Tip" means a sum of money determined solely by a customer
				  and given in recognition of service performed by an employee who retains it as
				  a gift or gratuity. It may be paid in cash, bank check, or other negotiable
				  instrument payable at par as well as amounts transferred by employer to
				  employee by direction of the credit customer who designates amounts to be added
				  to the customer's bill as tips. Compulsory or negotiated service charges and
				  special gifts in forms other than described above are not counted as
				  tips.
"Tip credit" is the amount by which the wage paid a tipped
				  employee is deemed to be increased because of tips received by the
				  employee.
"Tipped employee" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Wage" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Week" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
"Workweek" shall be as defined in section
				  387-1, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-2 - Bona fide executive capacity

Current through June,
				2024
The term "individual employed...in a bona fide
				  executive...capacity" means any individual:
(1) Who is compensated on a fixed salary of
				not less than $210 per week ( exclusive of the reasonable cost to the employer
				of board, lodging, or other facilities);
(2) Whose primary duty consists of the
				management of the enterprise in which the individual is employed or of a
				customarily recognized department or subdivision thereof;
(3) Who customarily and regularly directs the
				work of two or more employees;
(4)
				Who has the authority to hire or fire other employees or whose suggestions and
				recommendations as to the hiring and firing and as to the advancement and
				promotion or any other change of status of other employees will be given
				particular weight; and
(5) Who
				customarily and regularly exercises discretionary powers.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-3 - Bona fide administrative capacity

Current through June,
				2024
The term "individual employed...in a bona
				  fide...administrative ...capacity" means any individual:
(1) Who is compensated on a fixed salary of
				not less than $210 per week (exclusive of the reasonable cost to the employer
				of board, lodging, or other facilities); and
(2) Whose primary duty consists of the
				performance of office or non-manual field work directly related to management
				policies or general business operations of the employer or the employer's
				customers, which includes work requiring the exercise of discretion and
				independent judgment. The individual may be a person:
(A) Who regularly and directly assists a
				proprietor or an individual employed in a bona fide executive or administrative
				capacity (as the terms are defined in this subchapter); or
(B) Who performs under only general
				supervision work along specialized or technical lines requiring special
				training, experience, or knowledge; or
(C) Who executes under only general
				supervision special assignments or tasks.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-4 - Bona fide supervisory capacity

Current through June,
				2024
The term "individual employed...in a bona fide...supervisory
				  ...capacity" means any individual:
(1)
				Who is compensated on a fixed salary of not less than $210 per week (exclusive
				of the reasonable cost to the employer of board, lodging, or other
				facilities);
(2) Whose primary duty
				consists of the supervision or direction of other employees; and
(3 Who customarily and regularly directs the work of at least
				  five employees in the enterprise in which the individual is
				  employed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-5 - Bona fide professional capacity

Current through June,
				2024
The term "individual employed...in a bona fide...professional
				  capacity" means any individual:
(1)
				Who is compensated on a fixed salary or fixed fee of not less than $210 per
				week (exclusive of the reasonable cost to the employer of board, lodging, or
				other facilities); provided that the salary requirement shall not apply in the
				case of an individual:
(A) Who is the holder
				of a valid license or certificate permitting the practice of law or medicine or
				any of their branches and who is actually engaged in the practice thereof;
				or
(B) Who is the holder of the
				requisite academic degree for the general practice of medicine and is engaged
				in an internship or residency program pursuant to the practice of medicine or
				any of its branches; or
(C) Who is
				employed and engaged as a teacher as provided in paragraph (2)(C);
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-6 - Outside salesman capacity

Current through June,
				2024
The term "individual employed...in the capacity of outside
				  salesman" means any individual:
(1)
				Who is employed for the purpose of, and who is customarily and regularly
				engaged away from the employer's place or places of business in:
(A) Making sales; or
(B) Obtaining orders or contracts for
				services or for the use of facilities for which a consideration will be paid by
				the client or customer; and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-7 - Outside collector

Current through June,
				2024
The term "individual employed...as an outside collector"
				  means any individual:
(1) Who is
				employed for the purpose of, and who is customarily and regularly engaged away
				from the employer's place or places of business in:
(A) Collecting money for goods or services
				previously or presently furnished by the employer; or
(B) Collecting money for an account placed in
				the hands of the employer for collection; and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-8 - Record keeping requirements

Current through June,
				2024
(a) Every employer
				shall maintain and keep in or about the premises where any employee is
				employed, records in English containing the following information on each
				employee to whom sections
				387-2 and
				387-3, Hawaii
				Revised Statutes, apply:
(1) Name in full,
				social security number, and any identifying symbol or number used in place of
				or in addition to a name on any record kept by the employer relating to the
				employee;
(2) Home
				address;
(3) Date of birth, if
				under nineteen;
(4) Occupation in
				which employed;
(5) Rate of pay and
				length of pay period;
(6) Hours
				worked each workday and total hours worked each workweek;
(7) Total daily or weekly straight-time
				wages;
(8) Total weekly overtime
				wages;
(9) The amount and purpose
				of additions to or deductions from wages paid each pay period;
(10) Total wages paid each pay period, date
				of payment, and pay period covered;
(11) Date of hire; and
(12) Date of termination.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-9 - Reasonable cost of board, lodging, or other facilities

Current
				through June, 2024
(a)
				The reasonable cost to the employer of furnishing an employee with board,
				lodging, or other facilities is the actual cost of providing the board,
				lodging, or other facilities and shall not include a profit to the employer or
				to any affiliated person.
(b) The
				cost of operation and maintenance, the rate of depreciation, and the
				depreciated amount of capital invested by the employer shall be calculated in
				accordance with generally accepted accounting principles. The term
				"depreciation" shall include obsolescence.
(c) The cost of furnishing facilities which
				are primarily for the benefit or convenience of the employer shall not be
				included as wages. These facilities may include, but are not limited to:
(1) Tools of the trade and other materials
				and services incidental to carrying on the employer's business; and
(2) Uniforms and their laundering, where the
				nature of the business requires the employee to wear a uniform.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-10 - Reduction of wages

Current through June, 2024
No employer shall reduce a wage paid to an employee which is
				  in excess of the minimum wage under chapter
				  387, Hawaii Revised Statutes, for the
				  purpose of evading the overtime provisions of section
				  387-3, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-11 - Payment of wages to tipped employees

Current through June,
				2024
(a) Where employees
				practice tip-splitting, each employee shall be considered tipped only to the
				extent of the proportionate share received and retained by each. Similarly,
				where an employer in furtherance of a tip-pooling arrangement redistributes the
				tips to the employees upon some basis mutually agreed by the employees
				themselves, only the amounts actually received and retained by each individual
				shall be considered tips.
(b) Where
				an employee is employed in two or more different occupations for the same
				employer, tip credit may be taken only for hours worked in the occupation in
				which the employee customarily and regularly receives more than $20 a month in
				tips.
(c) The employer shall notify
				all employees in writing at the time of hire if tip credit is to be used. The
				employer's policy on tip credit may be changed if the change is intended to be
				permanent and not designed to evade the requirements of the law. Notification
				of changes shall be given to the employees in writing or through a posted
				notice prior to the commencement of the pay period.
(d) The regular rate of a tipped employee who
				works overtime shall be determined as provided in section
				387-3, Hawaii
				Revised Statutes. Tips received in excess of the tip credit shall not be
				included in the regular rate.
(e)
				An employee who customarily and regularly receives more than $20 a month in
				tips remains a tipped employee even though sickness, vacation, or the like
				reduces the amount of tips received in a particular month to $20 or less. The
				employee must actually receive more than $20 a month in tips and shall not be
				considered a tipped employee solely because of employment in an occupational
				group which has a record of receiving more than $20 a month in tips. An
				employee may qualify as a tipped employee in the initial or terminal month of
				employment provided that tips received in a particular week or weeks of a month
				is at a rate in excess of $20 a month.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-12 - Record keeping requirements; tipped employees

Current
				through June, 2024
Every employer claiming tip credit shall, in addition to
				  records required by section
				  12-20-8, maintain and preserve
				  payroll or other records containing the following information and data with
				  respect to each tipped employee:
(1) A
				symbol placed on the pay records identifying each employee whose wage is
				partially determined by tips;
(2)
				Weekly amount of tips received by the employee;
(3) Amount by which the wages of each tipped
				employee have been increased because of tips as determined by the
				employer;
(4) The amount per hour
				which the employer takes as tip credit. This amount shall be reported to the
				employee in writing each time it is changed from the amount per hour taken in
				the preceding week;
(5) Hours
				worked each workday in any occupation in which the employee does not receive
				tips, and total weekly straight-time payment made by the employer for these
				hours; and
(6) Hours worked each
				workday in occupations in which the employee receives tips, and total weekly
				straight-time wages for these hours.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 20 - WAGE AND HOUR › Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW › Section 12-20-13 - Computation of time

Current through June,
				2024
The time in which any act provided by this chapter is to be
				  done is computed by excluding the first day and including the last, unless the
				  last day is a Saturday, Sunday, or holiday and then it is also excluded. As
				  used in this chapter, "holiday" includes any day designated as such pursuant to
				  section
				  8-1, Hawaii
				  Revised Statutes.