LEGAL NOTICE
Notice of Proposed Rulemaking
Public Hearing

Pursuant to Chapter 91, Hawaii Revised Statutes {HRS), notice is hereby given that the Department of Labor and Industrial Relations (DLIR) will hold a public hearing to amend Title 12, Chapter 15, Hawaii Administrative Rules {HAR), relating to the Workers’ Compensation Medical Fee Schedule, and billing codes in Exhibit A, Workers’ Compensation Supplemental Medical Fee Schedule. The hearing will be held on the following date, time, and location:

HONOLULU, OAHU November 17, 2016, 8:30 a.m.
Keelikolani Building
830 Punchbowl Street
Rooms 310, 313, and 314
Honolulu, Hawaii 96813

The proposed changes to the Workers’ Compensation Medical Fee Schedule in Title 12, Chapter 15, HAR, and Exhibit A are 1) to implement Act 101, effective June 21, 2016 (SLH 2016), which allows physicians and providers of service other than physicians to transmit a workers’ compensation treatment plan by mail or facsimile to an address or facsimile number provided by the employer; 2) pursuant to section 386-21(c), HRS, which requires the director to update the fee schedule every three years or annually, as required; and 3) pursuant to Act 97 (SLH 2013) which required the State Auditor to assist the Director of Labor and Industrial Relations in the administrative adjustment of the workers’ compensation medical fee schedule.

The proposed changes to the Workers’ Compensation Medical Fee Schedule rules in
Title 12, Chapter 15, HAR, include the following:

1. Sections 12-15-32 and 12-15-34, HAR, Workers’ Compensation Medical Fee Schedule, is amended by allowing physicians and providers of service other than
physicians (respectively) to transmit a treatment plan by mail or facsimile to an
address or facsimile number provided by the employer.

2. Section 12-15-90, HAR, Workers’ Compensation Medical Fee Schedule, is amended by specifying that the Workers’ Compensation Supplemental Medical Fee Schedule, known as Exhibit A, will be dated January 1, 2017.

3. Codes in Exhibit A at the end of Title 12, Chapter 15, Workers’ Compensation Supplemental Medical Fee Schedule, are amended.

A copy of the proposed rule changes will be made available for public viewing from the first working day that the legal notice appears in the Honolulu Star-Advertiser, Hawaii Tribune-Herald, West Hawaii Today, The Maui News, and The Garden Island, through the day the public hearing is held, from Monday- Friday between the hours of 8:00 a.m. – 4:00 p.m., at the following locations of the Department of Labor and Industrial Relations, Disability Compensation Division:

830 Punchbowl Street, Room 209, Honolulu, Hawaii 96813
2264 Aupuni Street, Wailuku, Hawaii 96793
75 Aupuni Street, Room 108, Hilo, Hawaii 96720
81-990 Halekii Street, Room 2087, Kealakekua, Hawaii 96750
3060 Eiwa Street, Room 202, Lihue, Hawaii 96766.

A copy of the proposed rules may be viewed at http://hawaii.gov/labor. Copies can also be mailed to any interested party, upon written request to the Department of Labor and Industrial Relations, Disability Compensation Division, 830 Punchbowl Street, Room 209, Honolulu, HI 96813. Please enclose a self-addressed stamped envelope with $.89 postage on it.

Interested persons may present written or oral testimony at the time of the public hearing. All persons wishing to submit written testimony are requested to submit 5 copies of their written testimony before the public hearing to the Department of Labor and Industrial Relations, Disability Compensation Division, 830 Punchbowl Street, Room 209, Honolulu, HI 96813, or 5 copies may be submitted to the presiding officer at the public hearing. The public hearing will be continued, if necessary, to a time, date, and place announced at the scheduled hearing.

Interested persons unable to attend the public hearing shall submit 5 copies of their written testimony concerning the proposals to the Department of Labor and Industrial Relations, Disability Compensation Division, 830 Punchbowl Street, Room 209, Honolulu, Hawaii 96813. All submissions for the record must be received at or prior to the scheduled public hearing.

Auxiliary aids and services are available upon request by calling the Disability Compensation Division at (808) 586-9151 or by e-mail to “dlir.workcomp@hawaii.gov”. A request for reasonable accommodations should be made no later than ten working days prior to the needed accommodations.

Dated: October 14, 2016

LINDA CHU TAKAYAMA
Director
Department of Labor and Industrial Relations
(WHT921559 10/14/16)~