Repeals the authorization of a physician to transmit a treatment plan by mail or facsimile and the requirement that the physician submit the plan to an address or facsimile number provided by the employer. Requires an em, the official text

HOUSE OF REPRESENTATIVES

H.B. NO.

1509

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

S.D. 1

C.D. 1

A BILL FOR AN ACT

RELATING TO WORKERS' COMPENSATION.

BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  Section
386-21.2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§386-21.2[]]
Treatment plans.  [(a)  A physician may transmit a treatment plan to
an employer by mail or facsimile; provided that the physician shall send the
treatment plan to an address or facsimile number provided by the employer.

(b)  Beginning January 1, 2021, an] (a)  An employer shall allow a physician to
transmit a treatment plan to an employer by mail, facsimile, or secure
electronic means; provided that the physician shall send the treatment plan to
an address or facsimile number provided by the employer.

[(c)] (b)  A treatment plan shall be deemed received by
an employer when the plan is [sent by mail or facsimile] transmitted
with reasonable evidence showing that the treatment plan was received.

(c)  An employer shall, within ten days after the
treatment plan is deemed received pursuant to subsection (b), file a response
with the director either accepting or objecting to the treatment plan by secure
electronic means.  An employer who fails
to file a response within the ten-day period shall be fined $1,000, unless the
director determines there was good cause for the delay.

(d)
A treatment plan shall be deemed accepted if an employer fails to file
with the director[:], with a copy to the physician and the injured
employee:

(1)  An objection to
the treatment plan;

(2)  Any applicable
documentary medical evidence supporting the denial; and

(3)  A copy of the
denied treatment plan,

[copying the physician and the injured employee.]
within the ten-day period under subsection (c).

(e)
After acceptance of the treatment plan, an employer may file an
objection to the plan if new documentary medical evidence supporting the
denial is received by the employer.

(f)  Any employer found by the
director to have denied a treatment plan without reasonable grounds, frivolously, or
primarily for purposes of delay, shall
be subject to the payment of costs,
including reasonable attorneys' fees, incurred by the injured employee or by
any authorized representative, billing agent, or health care provider acting on
behalf of the injured employee in contesting the denial of the treatment plan
or enforcing payment pursuant to the treatment plan.  The director may enforce the penalties imposed by this section."

SECTION 2.  This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

SECTION 3.  Statutory material to be repealed is
bracketed and stricken.  New statutory
material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2026.