reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 5 - REPORTS › Section 12-12-63 - Other employer reports

Current through June,
				2024
(a) Status report.
				Every employer for whom services are performed in employment shall file a
				report on a form prescribed by the director to determine liability for coverage
				within ten days after the status report form is mailed by the department. This
				report shall provide information such as: name of health care contractor, plan
				number, group number, effective date of plan, number of employees who claim
				exemption and reason thereof, and employer-employee premium cost for individual
				and dependents coverage. The employer's health care plan shall accompany this
				report, if the plan has not been approved by the director.
(b) Employer shall give the departmen t
				thirty days written notice prior to change in health care plan or health care
				contractor.
(c) Employee
				notification to employer.
(1) Any employer
				whose employee claims exemption from the statute shall, upon request by the
				director, file a statement with the director, signed by the employee on a form
				provided by the department. The form shall be filed with the employer within
				ten days of employment or change in status and retained in employer's files for
				a minimum of two years.
(2) On
				December 31 of each year, each employee who signed an exemption form shall sign
				a statement re-affirming the employee's claim for exemption on a form
				prescribed by the department. The employer shall retain such forms for a
				minimum of two years and shall file the exemption forms with the director upon
				request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 5 - REPORTS › Section 12-12-64 - Posting of notice of coverage

Current through June,
				2024
Each employer shall post and maintain in a conspicuous place
				  or places in and about the place of business type-written or printed notices
				  stating that the employer has obtained health care coverage required by law, in
				  the form as may be prescribed by the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 6 - PREMIUM SUPPLEMENTATION › Section 12-12-70 - Entitlement to premium supplementation

Current through June,
				2024
(a) "Less than
				eight employees" shall mean the total number of employees who are entitled to
				and covered as of the twelfth day of each calendar month. An employer who
				provides coverage to eight or more employees entitled to coverage in a month
				shall not qualify for premium supplementation for that month.
(b) An employer must be in business for
				profit to qualify for premium supplementation.
(c) Premium supplementation for the
				employer's taxable year shall be awarded for those months in that taxable year
				in which the employer satisfies the requirements of section
				393-45,
				HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 6 - PREMIUM SUPPLEMENTATION › Section 12-12-71 - Claim for premium supplementation

Current through June,
				2024
(a) A claim for
				premium supplementation for an employer's taxable year shall be filed with the
				department within two years after the end of such year. Any claim filed after
				two years shall not be honored.
(b)
				The premium supplementation claim shall be filed on a form designated by the
				department. The claim shall be accompanied by the employer's federal and state
				tax returns for the years claimed and all books of accounts as may be requested
				by the department.
(c) Premium
				supplementation shall be paid rounded off to the nearest dollar. A claim for
				less that $1 shall not be processed or paid.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 6 - PREMIUM SUPPLEMENTATION › Section 12-12-72 - Reduction of premium supplementation

Current through June,
				2024
(a) The amount of
				premium supplementation due shall be reduced by the experience rating credit or
				dividend received by the employer from a health care contractor.
(b) If an experience rating credit or
				dividend is received after the premium supplementation is paid to the employer,
				the department shall reduce any premium supplementation awarded within the next
				two years by the employer's share of the amount of such experience rating
				credit or dividend.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 6 - PREMIUM SUPPLEMENTATION › Section 12-12-73 - Coverage by the fund

Current through June,
				2024
(a) Notwithstanding
				section 12-12-41(d), the premium supplementation fund shall provide benefits to
				an eligible employee whose employer has failed to provide coverage in the
				following manner:
(1) The eligible employee
				shall be deemed to have selected the most prevalent reimbursement plan if the
				services were obtained from a health care provider normally paid by such
				plan.
(2) The eligible employee
				shall be deemed to have selected the most prevalent fee for service plan if
				services were obtained from a fee for services health care provider.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 12 - PREPAID HEALTH CARE › Subchapter 7 - PENALTIES › Section 12-12-76 - Penalties

Current through June, 2024
Penalties under section
				  393-33,
				  HRS, shall be assessed by the director, or a designated representative, after
				  hearings held in accordance with chapter
				  91, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-4.1 - Progress reports required subsequent to the initial evaluation and prior to the plan

Current through June, 2024
A provider shall submit to the employer and employee progress
				  reports every thirty days. Upon request, the provider shall submit the reports
				  to the director. These reports shall include but not be limited to:
(1) An assessment of the employee's
				adjustment to disability, newly identified disabilities, functional, physical
				and psychological limitations and vocational handicaps;
(2) Specific services provided during the
				report period and their outcome as they relate to the vocational rehabilitation
				process; and
(3) Specific services
				to be provided during the next report period as they relate to the vocational
				rehabilitation process, justification for the necessity of these services,
				estimated time frames for delivery of services, and how the effectiveness of
				these services is to be measured.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-6 - Effective period

Current through June,
				2024
An approved vocational rehabilitation program shall be
				  effective and applicable only for the period during which vocational
				  rehabilitation services are being provided an employee on a regular, scheduled
				  basis. The program shall not be effective and applicable when the services are
				  no longer provided because the:
(1)
				Program is completed;
(2) Employee
				leaves the program before its completion; or
(3) Employee does not actively participate in
				the program, excluding time periods when the director determines the employee
				is unable to participate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-7 - Revision or modification to an approved vocational rehabilitation plan

Current through June, 2024
A revision or modification to an approved plan shall be filed
				  with the director for approval pursuant to sections
				  12-14-5 and
				  12-14-10. A revision to a plan can
				  be made no more than once.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-8 - Director's action against a certified rehabilitation provider with an unapproved plan

Current through June, 2024
A provider who renders unapproved vocational rehabilitation
				  services may be required to terminate the services immediately and the director
				  may void the certification of the provider pursuant to section
				  12-14-19, or take other action
				  under section
				  12-14-21. Further, no remuneration
				  shall be paid to the provider by the employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-9 - Director's action to modify, suspend, or terminate a vocational rehabilitation plan

Current through June, 2024
The director may modify, suspend, or terminate an employee's
				  plan if the director finds that:
(1)
				The employee is not making satisfactory progress in the plan based on the
				director's review of reports submitted by the provider in accordance with
				section 12-14-27 and other information available to the director;
(2) The plan is not likely to prepare the
				employee for suitable gainful employment due to unexpected
				contingencies;
(3) The employee is
				not available to participate in or refuses to complete the plan; or
(4) A more suitable plan is
				available.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-10 - Vocational rehabilitation plan, revision, or modification considered approved if no action is taken by the director on objections

Current
				through June, 2024
(a)
				The employer may file an objection to a proposed plan, revision, or
				modification with the director, copying the employee and the vocational
				rehabilitation counselor within ten calendar days from the postmark date of the
				plan, revision, or modification. The front page of the objection shall be
				clearly identified as a "VOCATIONAL REHABILITATION PLAN OBJECTION" in capital
				letters in no less than ten point type and may include a copy of the envelope
				showing postmark date. The objections shall specify a rationale as to why the
				plan, revision, or modification should not be approved.
(b) If no objection to a plan, revision, or
				modification is filed with the director by the deadline specified in subsection
				(a), the plan, revision, or modification shall be approved and the employer may
				not request further reconsideration under section 12-14-48.
(c) If an objection to a plan, revision, or
				modification is filed with the director and the director takes no action to
				approve or deny the plan, revision, or modification within twenty one calendar
				days from the file date of the plan, revision, or modification, the parties
				shall consider the plan, revision, or modification approved by the
				director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-11 - Vocational rehabilitation plan or program prepared by an employer or insurance carrier

Current through June,
				2024
A plan or program prepared by an employee of a self-insured
				  employer or insurance carrier may be accepted by the director provided the
				  employee approves the plan or program and it meets all the requirements of this
				  chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 2 - REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS › Section 12-14-12 - Vocational rehabilitation plan or program at a site other than where employee resides

Current through June,
				2024
A plan or program at a site other than the island on which
				  the employee resides will be approved by the director only when it is shown
				  that no rehabilitation program could be made available on that island. A plan
				  or program at a site located outside the state will be approved by the director
				  only when it is shown that no rehabilitation program could be made available in
				  the state.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-16 - Criteria for registering as a vocational rehabilitation specialist and certifying as a provider of vocational rehabilitation services

Current through June, 2024
(a) An applicant seeking registration with
				the department as a registered rehabilitation specialist shall apply to the
				director. The applicant may be registered if the director finds the applicant
				has a current certification by the Commission on Rehabilitation Counselor
				Certification as a certified rehabilitation counselor. The burden of proof
				concerning current certification shall be borne by the applicant. Proof of
				certification shall be written verification received direct from the Commission
				on Rehabilitation Counselor Certification to the director, indicating the
				applicant is currently certified and the effective dates of the
				certification.
(b) A provider
				seeking certification as a certified rehabilitation provider shall apply to the
				director. The provider may be certified if the director finds the personnel
				responsible for providing vocational rehabilitation services are registered
				with the director and meet the requirements of this subchapter.
(c) All specialists whom the director
				determined to be registered prior to the effective date of these amendments
				shall be registered, provided they are employed as registered rehabilitation
				specialists of certified rehabilitation providers as of the effective date of
				these amendments, have not voluntarily terminated their registration, have not
				been revoked under section 12-14-16.4, or been terminated or revoked for any
				other reasons outlined in this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-16.3 - Required knowledge

Current through June,
				2024
Each applicant applying for approval as a registered
				  rehabilitation specialist shall have a working knowledge of this chapter. The
				  director may require an examination as proof of knowledge.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-16.4 - Service interval

Current through June,
				2024
Should a registered rehabilitation specialist fail to provide
				  direct case service under this chapter for a period of six months, the director
				  may, pursuant to section
				  12-14-19, revoke the specialist's
				  registration.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-16.5 - Services to employee

Current through June,
				2024
All vocational rehabilitation services shall be provided by a
				  certified rehabilitation provider and all direct employee services shall be
				  provided by a registered rehabilitation specialist of the certified
				  rehabilitation provider.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-17 - Effective period

Current through June,
				2024
The registration granted a registered rehabilitation
				  specialist or the certification granted a certified rehabilitation provider
				  shall be in effect for one year from date of registration or certification.
				  After the initial registration or certification, the specialist or provider may
				  be registered or certified for a period of three years if the criteria in
				  section 12-14-16(a) and
				  12-14-22 are met. Written
				  application for renewal shall be received by the director no earlier than one
				  hundred eighty five days but no later than sixty days prior to the specialist's
				  or provider's current registration or certification termination date. The
				  director for good cause may grant a thirty day grace period to submit written
				  application for renewal.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-17.1 - Re-registration

Current through June, 2024
All specialists who do not meet the requirements of section
				  12-14-16(a) but
				  do meet the requirements of sections
				  12-14-16(c) and
				  12-14-22 may be re-registered for
				  a period of three years provided they have maintained their registration with
				  the director. Written application for renewal shall be received by the director
				  no earlier than one hundred eighty five days but no later than sixty days prior
				  to the specialist's current registration termination date. The director for
				  good cause may grant a thirty day grace period to submit written application
				  for renewal.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-18 - Uncertified provider or unregistered specialist

Current through
				June, 2024
A provider or employee of the provider who provides services
				  to employees without obtaining certification or registration from the director
				  shall be required to terminate those services immediately, and shall not be
				  considered for certification or registration for a period of two years from the
				  date a final decision is rendered on the infraction. The uncertified provider
				  or employee of the provider may appeal the director's determination as provided
				  by section
				  12-14-49.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-19 - Revocation of certification, registration, or both

Current through
				June, 2024
The director may revoke the certification of a provider or
				  the registration of a specialist, or both, for a period up to two years if
				  following an investigation, to include an opportunity for the specialist or
				  provider, or both, to respond, the director finds that the provider or
				  specialist, or both, knowingly failed:
(1) To comply with section
				386-25,
				HRS, or this chapter;
(2) To
				fulfill any obligation in providing the vocational rehabilitation services
				prescribed in the approved plan; or
(3) To provide any vocational rehabilitation
				services required by the employee during the length of the program.
The provider or specialist shall be notified by written
				  determination of the revocation of certification or registration. The provider
				  or specialist may request a reconsideration and hearing as defined in section
				  12-14-48, or the provider or specialist within ten days of the determination
				  may file a written request for a hearing. The provider or specialist may appeal
				  the director's decision as provided by section 12-14-49. The provider or
				  specialist may continue to provide services to enrolled employees, but shall
				  not accept new or transferred cases until such final decision is
				  rendered.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-20 - Revocation of certification or registration of a certified rehabilitation provider or registered rehabilitation specialist

Current through
				June, 2024
The director may revoke a provider's certification or
				  specialist's registration for a period of up to two years pursuant to section
				  12-14-19 or take action as defined
				  in section
				  12-14-21 for infractions such
				  as:
(1) Knowingly providing false or
				misleading information during the enrollment process;
(2) Failure, neglect, or refusal to comply
				with Chapter
				386, HRS;
(3) Failure, neglect, or refusal to comply
				with the department's written rules, determinations, or decisions;
(4) Failure, neglect, or refusal to submit
				complete, adequate, and detailed reports as defined in this chapter;
(5) Failure, neglect, or refusal to respond
				to the director's written request for additional reports;
(6) Repeated submission of false or
				misleading reports;
(7) Collusion
				with any other person, including workers, to submit false or misleading
				information;
(8) Submission of
				inaccurate or misleading bills;
(9)
				Charging or attempting to charge an employee for services authorized by the
				carrier or self-insured employer;
(10) Conviction in any court for any offense
				involving moral turpitude, in which case the record of the conviction
				constitutes conclusive evidence;
(11) Repeated acts of gross misconduct in the
				provision of vocational rehabilitation services;
(12) Repeated acts that involve conflicts of
				interest;
(13) Declaration of
				mental incompetence by a court of competent jurisdiction;
(14) Failure to comply with any state or
				federal laws relating to employment practices; or
(15) Failure to provide vocational
				rehabilitation services as required by the employee during the length of the
				program and or as prescribed in the vocational rehabilitation plan.
The provider or specialist may request for reconsideration
				  and hearing of the director's determination as provided by section
				  12-14-48.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-21 - Enforcement of standards

Current through June,
				2024
The director shall enforce sections
				  12-14-20 and
				  12-14-22. Failure to comply with
				  these sections may result in one or a combination of the following:
(1) A written warning from the
				director;
(2) Requirement of hours
				of training in the area of deficiency, with no new cases to be assigned to the
				specialist until proof of completion of training is received by the
				director;
(3) Revocation of a
				specialist's registration under this chapter; or
(4) Revocation of a provider's certification
				under this chapter pursuant to section 12-14-19.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 3 - CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES › Section 12-14-22 - Registration maintenance standards

Current through June,
				2024
(a) Specialists
				shall meet the requirements of this section.
(b) Specialists shall obtain a minimum of
				sixty hours of formal training directly related to vocational rehabilitation
				every three years at an accredited institution or 20 hours for each year
				registration is granted in any of the following areas:
(1) Counseling;
(2) Placement of the disabled;
(3) Tests and measurements;
(4) Practices and principles of vocational
				rehabilitation;
(5) Psychosocial
				aspects of disability;
(6) Medical
				aspects of disability; or
(7) Other
				courses directly related to vocational rehabilitation, with approval of the
				director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 4 - IDENTIFICATION AND REFERRAL PROCEDURES › Section 12-14-23 - Responsibility

Current through June, 2024
(a) The employee in accordance with section
				386-25,
				HRS, and within the limits established by section 12-14-36, initially may
				select and initiate services with any one certified rehabilitation provider as
				established in section 12-14-16. All subsequent changes or transfers of
				provider shall be in accordance with section 12-14-52.
(b) Based on sources such as physicians'
				medical reports and recommendations by hearings officers, employers, insurance
				carriers, and others, the director may as expeditiously as possible identify
				employees who may need vocational rehabilitation and refer these employees to a
				provider unless the director, in accordance with section 12-14-46, certifies
				that it is not feasible to rehabilitate the employee.
(c) Within one hundred twenty days from the
				date of injury, based on a physician's medical report and other information,
				the employer shall provide information on the employee's rights to vocational
				rehabilitation, instructions on how to select a vocational rehabilitation
				provider, an employee selection form and a list of current certified vocational
				rehabilitation providers to the employee. The employee shall have thirty
				calendar days from the date the employer provides the information to the
				employee to make a selection. If the employee fails to select, the employer may
				request a referral from the director.
(d) Upon the employee's selection of a
				provider of vocational rehabilitation services, the provider has seven calendar
				days to submit in writing, notification of employee's selection by submittal of
				the employee selection form to the employer, employee and the director. The
				employee selection form shall include the employee's name and address,
				department's workers' compensation case number, employer's name, and the name
				of the selected provider.
(e)
				Employers may, within ten calendar days from the postmark date of the employee
				selection form, challenge an employee's eligibility for vocational
				rehabilitation benefits by filing written notice to the director, employee and
				provider, defining the employer's justification for non-eligibility. The front
				page of the objection shall be clearly identified as an "ELIGIBILITY FOR
				VOCATIONAL REHABILITATION OBJECTION" in capital letters in no less than ten
				point type and may include a copy of the envelope showing postmark
				date.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 5 - IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS › Section 12-14-26 - Purpose

Current through June, 2024
The primary purpose of a plan is to restore an employee to
				  suitable gainful employment as quickly as possible in a cost-effective manner.
				  The plan is written by the employee and the specialist, and is not considered a
				  plan without the approval of the employee. The director upon request or when
				  otherwise deemed necessary, shall take appropriate action to ensure:
(1) The provider renders rehabilitation
				services for the employee in accordance with the provisions of the
				plan;
(2) The employee complies
				with the provisions of the plan; and
(3) The plan is effective in restoring the
				employee to suitable gainful employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 5 - IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS › Section 12-14-27 - Status report

Current through June,
				2024
The provider shall submit reports on the status and progress
				  of the employee's plan to the employer and employee every thirty days. Upon
				  request, the provider shall submit the reports to the director. The status
				  reports shall include but not be limited to the following:
(1) Objectives for the report period, whether
				these objectives were met and, if not, what action is to be taken;
(2) Specific services provided as they relate
				to the vocational rehabilitation process during the report period and their
				outcome;
(3) Specific services to
				be provided in the next report period, as they relate to the vocational
				rehabilitation process, justification for the necessity of the services, how
				the effectiveness of the services is to be measured, and the estimated time
				frames for delivery;
(4) Whether
				the plan is progressing as scheduled; if not, what appropriate action is to be
				taken;
(5) During the placement
				period, labor market information including but not limited to:
(A) Employers contacted;
(B) Results of the contacts;
(C) Wage information;
(D) Qualifications employers require for the
				positions; and
(E) How often
				positions are available.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 5 - IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS › Section 12-14-29 - Appropriate action based on information obtained

Current through
				June, 2024
Information obtained from the provider, the employer, and the
				  employee shall be the basis for whatever action the director may feel necessary
				  and appropriate to modify, suspend, or terminate the plan or program for
				  reasons that may include but are not limited to those set forth in sections
				  12-14-9 and
				  12-14-26.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 5 - IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS › Section 12-14-30 - Closing report

Current through June,
				2024
(a) The provider
				shall submit a closing report on each case upon the termination of vocational
				rehabilitation services. The report shall include, but not be limited to, the
				following:
(1) Justification for
				closure;
(2) A brief description of
				services provided;
(3) Length of
				service;
(4) Employment
				information:
(A) Name of employer;
(B) Date employment began; and
(C) Wage information; and
(5) Signature of the employee
				"witnessed by" the specialist, including a statement the report has been
				reviewed with the employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 5 - IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS › Section 12-14-31 - Reporting exception

Current through June,
				2024
The director may accept reports which do not meet all of the
				  requirements of this chapter provided the director finds the reports are in the
				  best interest of the employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 6 - ENROLLMENT IN REHABILITATION PROGRAMS › Section 12-14-35 - Enrollment requirement

Current through June,
				2024
Pursuant to section
				  386-25(c),
				  HRS, a provider shall use a form approved by the director to enroll an employee
				  into a program.
(1) An approved
				enrollment form shall include:
(A) Employee
				information - name, address, telephone number, and social security
				number;
(B) Employer information -
				name, address, telephone number and department of labor account number, as
				assigned by the department's unemployment insurance division;
(C) Insurer information - name, address, and
				telephone number;
(D) Provider
				information - name, address, specialist's name, and telephone number;
				and
(E) Statement of worker's
				rights and responsibilities developed by the director and reproduced by the
				provider, shall be reviewed with the employee by the specialist, and signed and
				dated by both. The signatures shall be documentation that the specialist and
				the employee understand this document and its implications and both are
				committed to a realistic rehabilitation process, the goal of which is suitable
				gainful employment for the employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 6 - ENROLLMENT IN REHABILITATION PROGRAMS › Section 12-14-36 - Termination of right to vocational rehabilitation

Current through
				June, 2024
(a) An
				employee who has stipulated away the right to vocational rehabilitation with
				the approval of the director is determined to have waived the right to
				rehabilitation.
(b) The right to
				rehabilitation is preserved for any employee on temporary total disability and
				any employee who has been adjudged permanently and totally disabled by the
				director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 7 - TEMPORARY TOTAL DISABILITY PAYMENTS AND LIVING EXPENSES › Section 12-14-38 - Entitlement to rehabilitation payments

Current through June,
				2024
(a) Temporary total
				disability benefits shall be paid the employee if, while enrolled in a program,
				the employee earns no wages. If the employee earns wages while enrolled, the
				provider shall, on a form approved by the director, report the gross weekly
				wages received by the employee. An approved gross wages report form shall
				include:
(1) The employee's name, address,
				telephone number and social security account number;
(2) The provider's name, address and
				telephone number;
(3) The insurer's
				name, address and telephone number;
(4) The name, address, telephone number, and
				department of labor account number, as assigned by the department's
				unemployment insurance division, of the employer from whom the employee
				received wages;
(5) The dates
				worked, hours worked, pay rate and gross wages; and
(6) The provider representative's signature
				and date signed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 7 - TEMPORARY TOTAL DISABILITY PAYMENTS AND LIVING EXPENSES › Section 12-14-39 - Entitlement to living expenses; advance lump-sum payment

Current
				through June, 2024
As provided in section
				  386-25,
				  HRS, an employee enrolled in a program shall be entitled to the expenses
				  enumerated in section
				  12-14-40 associated with the
				  employee's program or period of extended evaluation. To enable the employee to
				  participate in a program or period of extended evaluation, the employee's
				  employer shall pay that period's necessary and approved expenses as a lump-sum
				  amount at the beginning of the vocational rehabilitation
				  period.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 7 - TEMPORARY TOTAL DISABILITY PAYMENTS AND LIVING EXPENSES › Section 12-14-40 - Allowable living expenses

Current through June,
				2024
The provider shall assist an employee entitled to living
				  expenses under section
				  386-25,
				  HRS, on a form prescribed by the director, to submit a request for payment of
				  living expenses associated with the program or period of extended evaluation to
				  the employer at least seven days before the beginning of the scheduled period.
				  Upon request, the form shall be submitted by the provider to the director. A
				  flexible and appropriate vocational rehabilitation period shall be determined
				  by the provider, employee, and director for each employee based on that
				  individual employee's needs. Allowable expenses include:
(1) The cost of books, tuition, supplies, and
				other items required by the program.
(2) The cost of riding public transportation
				round trip to and from the employee's residence to the rehabilitation site and
				to any other destination required and authorized by the provider. This mode of
				travel is to be used in all cases unless the employee's physical condition,
				nature of the injury, or geographical location requires the use of a private
				motor vehicle as the mode of travel.
(3) Transportation cost for the use of a
				private motor vehicle, not to exceed the prevailing rate paid per mile to
				authorized state government employees on official business, as determined by
				the director, to travel round trip from the employee's residence directly to
				the rehabilitation site, and to any other destination required and authorized
				by the provider.
(4) Per diem cost
				covering meals and lodging for each day an employee attends rehabilitation at a
				site located outside the island on which the employee resides, not to exceed
				the per diem allowance paid to state government employees on official business,
				as determined by the director.
(5)
				Transportation cost at the beginning and completion of the rehabilitation, to
				travel round trip from the employee's residence to the rehabilitation site
				located outside the island on which the employee resides, not to exceed the
				prevailing airfare and busfare rates, and for the use of a private motor
				vehicle, the rate established in paragraph (3).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 7 - TEMPORARY TOTAL DISABILITY PAYMENTS AND LIVING EXPENSES › Section 12-14-41 - Payment of rehabilitation expenses when liability issue is unresolved

Current through June, 2024
When an employee chooses to enter a program during a period
				  where compensability is agreed to but the issue of liability is still
				  unresolved, the employee's present employer involved in the liability issue
				  shall pay for the rehabilitation expenses of the employee until the liable
				  employer is determined by the director. If the present employer is found not to
				  be the liable employer, the liable employer so determined by the director shall
				  reimburse the present employer for such rehabilitation
				  expenses.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 8 - MEDICALLY NOT FEASIBLE › Section 12-14-46 - Determination

Current through June, 2024
(a) When the director determines, based on
				the physician's medical reports and other information, that the nature and
				extent of the employee's injury or illness are such that vocational
				rehabilitation is not feasible, the director shall so certify. A copy of the
				determination shall be sent to the employee and the employer. Thereafter, for a
				period not to exceed one year or upon request, the director shall at intervals
				of one hundred twenty days review the workers' compensation record of the
				employee and refer the employee to vocational rehabilitation if such program is
				found to be appropriate.
(b) The
				employee is not precluded from enrolling in any approved future program if the
				director, based on the physician's medical reports and other information, finds
				that the employee's injury or illness is such that rehabilitation is
				feasible.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 9 - APPEAL RIGHTS › Section 12-14-49 - Appellate body and filing period

Current through June,
				2024
Any party who disagrees with or is aggrieved by a decision of
				  the director may request in writing to the director for a reconsideration of
				  the decision within twenty days from the date of the decision. The director's
				  decision shall be final unless the appellant appeals to the labor and
				  industrial relations appeals board within twenty days from the date of the
				  director's decision. If still dissatisfied, the appellant may further appeal
				  the board's decision to the state supreme court within thirty days from the
				  date of the board's written decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 10 - TRANSFER OF EMPLOYEE TO ANOTHER PROVIDER › Section 12-14-52 - Financial obligations to succeeding provider

Current through
				June, 2024
(a) If for
				any reason an employee must change or transfer to another provider, such
				transfer must be submitted in writing to the director. In such instances, the
				latter provider shall be entitled to all considerations that were agreed to
				between the former provider and the employer from the time the latter provider
				assumed the program until its completion and the former provider shall be
				compensated only for services performed up to the date of the
				transfer.
(b) After the initial
				selection as established by section 12-14-23 by the employee, any subsequent
				changes or transfers shall be made by the director if no agreement can be made
				between the employer and employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 11 - HIRE AND SEPARATION OF PROVIDER'S EMPLOYEES › Section 12-14-55 - Notification required

Current through June,
				2024
Providers shall, when a specialist subject to section
				  12-14-16 is hired by or separated
				  from the provider or changes employment status, notify the director in writing
				  within five days from the date of hire, separation, or change. Such
				  notification shall include the employee's name, position, date of hire,
				  separation, or change, and the provider's name, address and telephone
				  number.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Subchapter 11 - HIRE AND SEPARATION OF PROVIDER'S EMPLOYEES › Section 12-14-56 - Notification required

Current through June,
				2024
All specialists shall notify the director in writing within
				  seventy-two hours of the effective date of any change of employment status or
				  registration status, or both.
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 12-15-12 - Qualification of health care providers

Current through June,
				2024
(a) Any health care
				provider licensed or certified by the department of commerce and consumer
				affairs to practice in the State of Hawaii is deemed a qualified health care
				provider under the statute.
(b)
				Continued qualification shall be contingent upon compliance with sections
				386-26
				and
				386-27,
				HRS, and any related rules and decisions adopted and issued by the director
				pursuant to the statute.
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 12-15-13 - Health care provider standards

Current through June,
				2024
Any health care provider who is found to be in violation of
				  any one or more of the following standards shall, after hearing, be subject to
				  the sanctions and penalties pursuant to section
				  12-15-14 or any other applicable
				  provision in the statute:
(1) Failure,
				neglect, or refusal to submit complete, adequate, and detailed reports as
				defined in the statute;
(2)
				Failure, neglect, or refusal to respond to the director's written request for
				additional reports;
(3) Failure,
				neglect, or refusal to observe and comply with the statue;
(4) Failure, neglect, or refusal to comply
				with the Department's written rules, determinations, or decisions;
(5) Persistent refusal to consider the
				recommendations of board certified or qualified health care providers in the
				provider's specialty field who have examined the injured employee, without
				providing adequate reasons for such refusal;
(6) Repeated submission of false or
				misleading reports;
(7) Collusion
				with any other person in the submission of false or misleading
				information;
(8) Submission of
				inaccurate, misleading, or duplicate bills;
(9) Persistent submission of false or
				erroneous diagnosis;
(10) Use of
				treatment that is:
(A) Contraindicated or
				hazardous; or
(B) Excessive in
				frequency or duration;
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 12-15-14 - Sanctions and fines

Current through June, 2024
Should a health care provider be found to be in violation of
				  any provision of the statute or any related rules, the director, in
				  consideration of the degree of harm inflicted on an injured employee or an
				  employer, of the number of previous violations, and of the presence of evidence
				  of bad faith violations, shall, after hearing and at the director's discretion,
				  do any one or a combination of the following:
(1) Issue a reprimand, provided the severity
				does not warrant additional sanctions;
(2) Disallow fees for services rendered to
				the injured employee, or require a forfeiture of payment for services rendered,
				or both;
(3) Levy a fine of not
				more than $1,000 for each violation, or suspend the health care provider as a
				qualified health care provider for a period not to exceed one year, or
				both;
(4) Revoke the health care
				provider's qualification to practice under the statute.
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 12-15-15 - Filing complaints

Current through June,
				2024
(a) Whenever a
				health care provider has allegedly violated any provision of sections
				386-26
				or
				386-27,
				HRS, or any related rules, a written complaint, identifying the health care
				provider and indicating the date and nature of the infraction with related
				documentation, shall be filed with the director, provided that it is submitted
				within two years of the date of the alleged infraction by a party of
				interest.
(b) The director shall
				mail a copy of the complaint to the health care provider against whom the
				complaint has been filed. The health care provider shall have the right to file
				with the complainant and the director a written statement in response to the
				complaint within thirty calendar days from the date the director mails the
				complaint to the health care provider.
(c) The director or a duly appointed
				representative shall investigate the statements of the complainant and the
				health care provider against whom the complaint has been filed and shall, upon
				not less than twenty calendar days notice to the parties involved, hold a
				hearing pursuant to section
				386-86,
				HRS, to take testimony or hear arguments.
(d) In cases where the complaint pertains to
				services provided to an injured employee, such as method of treatment,
				frequency of treatment, prognosis, and diagnosis, the director may establish an
				advisory panel of health care providers pursuant to section 12-15-20.
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 12-15-16 - Withdrawal of complaint

Current through June,
				2024
Requests for withdrawal of a complaint shall be submitted in
				  writing. Upon receipt of this request, the director shall dismiss the complaint
				  and notify the health care provider against whom the complaint has been
				  filed.