Hawaii Administrative Code

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. Notes Haw. Code R. § 12-14-31 (Eff. 1/28/85; am 4/12/93] (Auth: HRS § 386-72) (Imp: HRS § 386-25)

Notes Haw. Code R. §§ 12-14-32 to 12-14-34

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 infor…

(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 …

Notes Haw. Code R. § 12-14-37

(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 emplo…

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…

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. Notes Haw. Code R. § 12-14-16.4 [Eff. 1/28/85; am 4/12/93] (Auth:…

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 b…

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…

Notes Haw. Code R. §§ 12-14-42 to 12-14-45

(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 sha…

Notes Haw. Code R. § 12-14-47

Notes Haw. Code R. § 12-14-48 [Eff: 1/28/85; am 4/12/93; am 11/08/99; am 12/17/01; R 2/28/11]

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 lab…

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. Notes Haw. Code R. § 12-14-16.5 [Eff. 1/28/85; am…

Notes Haw. Code R. §§ 12-14-50 and 12-14-51

(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 employ…

Notes Haw. Code R. §§ 12-14-53 to 12-14-54

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 nam…

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. Notes Haw. Code R. § 12-14-56 [Eff. 1/28/85; am 4/12/93] (Auth: HRS § 386-72) (Imp: HRS § 386-25)

Notes Haw. Code R. § 12-14-57

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 ar…

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. Notes Haw. Code R. § 12-14-7 [Eff. 1/1/81; am 4/12/93; am 11/08/99] (Auth: HRS § 386-72) (Im…

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 remunerati…

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 informa…

As used in this chapter: "Advisory panel" means the advisory panel of health care providers appointed by the director pursuant to section 386-27, HRS. "Appellate board" shall be as defined in section 386-1, HRS. "Attending physician" shall be as defined in section 386-1, HRS. "Ba…

(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…

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 t…

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 evide…

(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 fi…

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. Notes Haw. Code R. § 12-15-16 [Eff 1/1/96] (Auth: HRS §§ 386…

(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. …

Notes Haw. Code R. § 12-15-18

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. Notes Haw. Code R. § 12-15-19 […

Notes Haw. Code R. §§ 12-15-2 to 12-15-11

(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 alternat…

(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 a…

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. Notes Haw. Code R. § 12-15-22 [Eff 1/1/96] (Auth: HRS §§ 386-27, 386-72) (Imp: HRS § 386-27)

(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 …

Notes Haw. Code R. §§ 12-15-24 to 12-15-29

(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 maximu…

(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…

(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 treatme…

Notes Haw. Code R. § 12-15-33

(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 attend…

Notes Haw. Code R. § 12-15-35