Hawaii Administrative Code

Notes Haw. Code R. § 12-15-39

(a) One attending physician shall be in charge of the care of the injured employee. However, treatment by more than one qualified health care provider may be allowed if the attending physician determines the employee's injury involves more than one body system and requires multid…

Notes Haw. Code R. § 12-15-41

(a) A consultation includes those services rendered by another physician whose opinion or advice is requested in the evaluation and treatment of an injured employee's injury. A consultation may be requested by the attending physician, the injured employee, the employer, or the di…

Notes Haw. Code R. §§ 12-15-43 to 12-15-49

(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 p…

(a) When elective surgery is contemplated, the attending physician shall obtain permission from the employer at least seven calendar days prior to the date of the proposed surgery. Written notification shall include procedure code, medical documentation justifying the need for su…

(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…

(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 fro…

(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 in…

(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 ind…

Notes Haw. Code R. §§ 12-15-56 to 12-15-79

(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 no…

Notes Haw. Code R. §§ 12-15-81 to 12-15-84

(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 cla…

Notes Haw. Code R. §§ 12-15-86 to 12-15-89

(a) Charges for medical services shall not exceed one hundred ten per cent of participating fees prescribed in the Medicare Resource Based Relative Value Scale System fee schedule (Medicare Fee Schedule) applicable to Hawaii or listed in exhibit A, located at the end of this chap…

Notes Haw. Code R. § 12-15-91

(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 liabl…

(a) The employer shall pay for all medical services which the nature of the compensable injury and the process of recovery require. The employer is not required to pay for care unrelated to the compensable injury. (b) When a provider of service notifies or bills an employer, the …

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…

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. Notes Haw. Code R. § 12-20-10 [Eff. OCT. 2, 1981] (…

(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 …

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…

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 su…

Notes Haw. Code R. §§ 12-20-14 to 12-20-50

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 co…

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 prim…

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 dut…

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 t…

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 co…

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 pr…

(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,…

(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…

As used in this chapter: "Department" means the department of labor and industrial relations. "Director" shall be as defined in section 388-1, Hawaii Revised Statutes. "Employ" shall be as defined in section 388-1, Hawaii Revised Statutes. "Employee" shall be as defined in sectio…

(a) A petition for once-a-month pay election, or for an election to terminate once-a-month pay, shall be made by: (1) An official representative of a recognized collective bargaining unit with the concurrence of at least twenty-five per cent of the total number of eligible voters…

(a) The director may grant an exception to the semimonthly payday requirement when it is shown that: (1) The employer will suffer undue hardship if the application is denied; or (2) The employer will give a semimonthly advance equivalent to approximately one-half of the monthly "…

Adjustment in wages for advances or correction of computation errors from previous payrolls shall not be considered as deductions under section 388-6, Hawaii Revised Statutes. Notes Haw. Code R. § 12-21-4 [Eff. 7/30/81] (Auth: HRS § 388-13) (Imp: HRS § 388-6)

(a) Every employer shall, at the time of each payment of wages, furnish each employee an itemized statement in writing showing: (1) The name of the employer; (2) The name of the employee; (3) The inclusive dates of the period for which the employee is paid; (4) Total gross compen…

(a) An individual employed in a bona fide executive capacity is an employee whose: (1) Compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities); and (2) Primary duty consists of the management of the enterprise or recognized department thereof, …

A claim for accrued vacation or severance pay shall be considered filed within one year from the date the vacation or severance pay is due and payable if filed with the director or authorized departmental representative within one year from the date of termination from employment…

In order to determine the validity of the wage claim and to bring about possible settlement, an informal hearing may be conducted by the director or authorized departmental representative. If a hearing is to be conducted, written notice of hearing specifying the time and place th…

The director shall establish a wage claim fund for the purpose of depositing and disbursing monies collected for employees as wage claims or back pay. Notes Haw. Code R. § 12-21-9 [Eff. 7/30/81] (Auth: HRS § 388-13) (Imp: HRS § 388-11)

Any complaint received by a governmental contracting agency with respect to matters under chapter 104, HRS, shall be referred to the director for investigation and report. Notes Haw. Code R. § 12-22-8.1 [Eff and comp 4/1/96] (Auth: HRS § 104-6) (Imp: HRS § 104-5) [Am and comp 7/2…

(a) Each contractor shall maintain accurate and complete payroll records and related employment records during the course of the work and preserve the records for a period of three years from the close of the project for all laborers and mechanics working on the public works cons…

All questions arising in any governmental contracting agency relating to the applicability and interpretation of chapter 104, HRS, and of this chapter shall be referred to the director for ruling and interpretation. The director, in making the ruling or interpretation, shall take…

(a) Within sixty days from the date of written request by the director, the contracting agency shall pay or transfer specified amounts from accrued payment withheld on a contract to the director for: (1) Wages, overtime compensation, or both due to laborers and mechanics; (2) Pen…