Hawaii House Bill HB480

Hawaii 2025 Regular Session

• Introduced: 1/21/25
• Refer: 1/21/25
• Report Pass: 1/30/25
• Refer: 1/30/25
• Report Pass: 2/12/25
• Refer: 2/12/25
• Report Pass: 2/28/25
• Engrossed: 2/28/25
• Refer: 3/4/25
• Report Pass: 3/18/25
• Refer: 3/18/25
• Report Pass: 4/4/25

Caption

Relating To Workers' Compensation.

Summary

HB480 amends Hawaii’s workers’ compensation law to make functional capacity examinations easier to obtain when an injured worker has reached medical stabilization and is permanently unable to return to their usual and customary job. Under the bill, the attending physician may request the examination without first getting employer permission, so long as the physician gives the employer written notice at least seven calendar days before the referral. The bill also requires the examining provider to send the report to both the physician and employer within 14 calendar days after the exam. The measure defines a functional capacity examination and a functional capacity examination report, and it requires the employer to pay the fees for examinations requested under the new section. It also expands the list of health care providers qualified under section 386-27 to include licensed occupational therapists and physical therapists, but only for the limited purpose of performing functional capacity examinations. The bill is set to take effect on July 1, 2050.

Impact

HB480 would amend chapter 386, Hawaii Revised Statutes, by creating a new workers’ compensation provision governing functional capacity examinations and by broadening the pool of qualified providers who may perform them. It changes the approval process by removing the need for employer permission before an attending physician can order the exam, while still requiring advance notice and timely reporting. It also shifts the cost of these examinations to employers when ordered under the new section, and it adds occupational therapists and physical therapists as authorized providers for this limited function.

Sentiment

The available legislative history suggests generally favorable sentiment toward the bill. It passed the Senate Labor and Technology Committee with amendments and then passed the Senate Ways and Means and Senate Commerce and Consumer Protection Committees unanimously, indicating broad support and little recorded opposition in committee votes. The bill’s findings frame it as a worker-protection and efficiency measure intended to reduce delay in treatment and return-to-work decisions.

Contention

The main point of contention appears to be the balance of control between injured workers’ medical providers and employers or insurers. The bill responds to delays caused by denials or pending approvals, so employer permission is removed from the referral process, which may be viewed as reducing employer oversight. Another possible issue is cost allocation, since employers must pay for the examinations, and the bill also expands who may perform them by allowing occupational and physical therapists to qualify for this limited purpose. No committee transcript objections are available, and the recorded votes were unanimous.