HAR §12-15-80
HAR §12-15-80. Reports of providers of service
Cite as Haw. Code R. § 12-15-80
(a)
Any provider of service required by chapter
386, HRS, this chapter, or any related rules to
33
3 6 1 9
.,,
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 not
self-insured, whichever is applicable;
and
(2)
Itemize its statement of services rendered
in a manner showing the date of injury,
diagnosis, date of each visit or service,
the appropriate code number used as the
basis for the charge, and the fee not to
exceed the maximum allowed under the
medical fee schedule.
No service charge
for preparing and submitting reports required
by section 386-96, HRS, and any related rules
shall be allowed.
(3)
Interim
WC-2
reports
shall
be
submitted
monthly
with
the
corresponding
billing
invoice, if applicable, to the employer and
shall include the following:
(A)
Current diagnosis and prognosis;
(B)
Complete information as to the nature
of the examination(s) and treatments
performed, dates of those treatments,
and the results obtained within the
current reporting period;
(C)
A complete listing of all tests
performed within the current reporting
period and the results of the tests;
(D)
A statement of whether the injured
employee is improving, worsening, or
if "medical stabilization" has been
reached; and
(E)
Dates of disability, work restrictions,
if any, return to work date
(4)
When an injured employee is returned to
full-time, regular, light, part-time, or
restricted work, the attending physician
shall submit a report to the employer
within seven calendar days indicating the
date of release to work or medical
stabilization.
(b)
Interim WC-2 reports and all medical
documentation shall be submitted by the employer
to the di rector upon submission of a "Request For
Hearing" or within ten calendar days of a request by
34
the director.
Any party who fails to furnish
medical reports within ten calendar days after being
requested by the director may be subject to
penalties pursuant to section 386-97.5, HRS.
(c)
The repeated failure of a physician, surgeon,
hospital, or provider of service to comply with
chapter 386, HRS,
and any related rules shall be a
reasonable basis for an employer to refuse to pay
or withhold payment for services rendered.
[Eff
1/1/96; am 11/22/97; am 12/17/01; am 12/13/04;
comp
DEC 2 7 2025]
(Auth: HRS §§386-26, 386-27,
386-72)
(Imp:
HRS §§386-21, 386-26, 386-27, 386-96)
§§12-15-81 to 12-15-84 (Reserved)
§12-15-85 Rules for allowable fees for medical,
surgical, and hospital services and supplies.
(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 claim a fee,
except for consultation service or for ~urgical
assistance.
For groups of physicians or hospitals
with satellite clinics, when service is rendered by a
group member of the same specialty, the group shall
submit bills as though one physician had cared for
the patient.
( c)
Medical, surgical, or hospital care of an
unusual type or unlisted fee may occur which
represents a type of service over and beyond listed
procedures.
Appropriate fees may be allowed, subject
to the employer's approval prior to the service being
provided and after submission of a report to the
employer containing at least the following
information:
(1)
Diagnosis (post-operative);
(2)
Size, location, and number of
lesions or procedures where
appropriate;
(3)
Major surgical procedure and
supplementary procedures;
35
3 6 l 9 ---
(4)
Estimated follow-up period.
(d)
Medical conditions which are pre-
existing or not resulting from the injury or
occupational disease shall not be compensable.
Palliative temporary treatment of unrelated
conditions shall be allowed, provided these conditions
directly retard, prevent, or endanger the surgical
care or recovery from the compensable injury or
illness.
This treatment will cease as soon as it no
longer exerts influence on the compensable condition.
This shall be adequately explained in the physician's
regular report.
(e)
Certain of the listed procedures are commonly
carried out as an integral part of a total service and,
as such, do not warrant a separate charge.
When such
a procedure is carried out as a separate procedure,
not immediately related to other services, the indicated
fee is applicable.
(f)
Minimal dressings, counseling incidental to
treatment, etc., are covered by the office visit fee.
Necessary drugs, supplies, and materials provided by
the provider of service may be charged separately in
accordance with section 12-15-55 .
(g)
Fees, including office visits and rating
examinations, shall not be paid for more than one
visit per day by the same provider of service
regardless of the number of industrial injuries or
conditions treated.
(h)
Each provider of service shall certify on the
bill or charges that such charges are in accordance
with chapter 386, HRS, and any related rules.
(i)
Repeated failure to comply with chapter
386, HRS, and any related rules shall be a
reasonable basis for an employer to refuse to pay o r
withhold payment for services rendered.
The
employer shall make payment within sixty calendar
days of compliance with Chapter 386, HRS, and
related rules.
[Eff 1/1/96; comp ni:c ?. 7 ?O?fi
(Auth: HRS §§386-21, 386-72)
(Imp: H1ts 3386"-:21)
§§12-15-86 to 12-15-89
(Reserved)
36
3 6 1 9
§12-15-90
Workers' compensation medical fee
schedule.
(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 HawaiiL or listed in Exhibit
A, located at the end of this chapterL and made a part
of this chapter, entitled "Workers' Compensation
Supplemental Medical Fee Schedule", dated January 1,
2026.
The Medicare Fee Schedule in effect on January
1, 1995 shall be applicable through June 30, 1996.
Beginning July 1, 1996 and each calendar year
thereafter, the Medicare Fee Schedule in effect as of
January 1 of that year shall be the effective fee
schedule for that calendar year.
(b)
If maximum allowable fees for medical services
are listed in both the Medicare Fee Schedule and the
Workers' Compensation Supplemental Medical Fee Schedule,
dated January 1, 2026, located at the end of this
chapter as Exhibit A, charges shall not exceed the
maximum allowable fees allowed under the Workers'
Compensation Supplemental Medical Fee Schedule, dated
January 1, 2026, located at the end of this chapter as
Exhibit A.
(c)
If the charges are not listed in the Medicare
Fee Schedule or in the Workers' Compensation
Supplemental Medical Fee Schedule, dated January 1,
2026, located at the end of this chapter as Exhibit A,
the provider of service shall charge a fee not to exceed
the lowest fee received by the provider of service for
the same service rendered to private patients.
Upon
request by the director or the employer, a provider of
service shall submit a statement to the requesting
party, itemizing the lowest fee received for the same
health care, services, and supplies furnished to any
private patient during the one-year period preceding the
date of a particular charge.
Requests shall be
submitted in writing within twenty calendar days of
receipt of a questionable charge.
The provider of
service shall reply in writing within thirty-one
calendar days of receipt of the request.
Failure to
comply with the request of the employer or the director
shall be reason for the employer or the director to deny
payment.
(d)
Fees listed in the Medicare Fee Schedule shall
be subject to the current Medicare Fee Schedule bundling
and global rules if not specifically addressed in these
37
rules.
The Health Care Financing Administration Common
Procedure Coding System (HCPCS) alphabet codes adopted
by Medicare will not be allowed, except for injections
and durable medical equipment, unless specifically
adopted by the director.
The director may defer to a
fee listed in the Medicare HCPCS Fee Schedule when a fee
is not listed in the Workers' Compensation Supplemental
Medical Fee Schedule, Exhibit A.
(e)
Providers of service will be allowed to add
the applicable Hawaii general excise tax to their
billing.
[Eff 1/1/96; am 1/1/97; am 11/22/97; am
12/17/01; am 12/13/04; am 11/6/06; am 12/14/07; am
2/28/11; am 12/30/13; am 12/28/17; am and
comp
DEC 27 2025 ]
(Auth:
HRS §§386-21, 386-26,
386-72)
(Imp:
HRS §§386-21, 386-26)
§12-15-91 (Reserved)