Hawaii enacted two workers' comp bills that establish response deadlines for treatment plans and expand access to functional capacity examinations (FCEs), aimed at streamlining treatment plan decisions and return-to-work evaluations.

Hawaii House Bill 1509 requires employers to accept or object to treatment plans within 10 days of receipt and incorporates secure electronic communications into the treatment plan review process. Treatment plans may be deemed accepted if employers fail to timely submit objections and supporting medical documentation. The law also establishes penalties for late responses and authorizes costs and attorney fees for unreasonable or improper denials.

This law went into effect July 1, 2026. Going forward, carriers may need to review treatment plan response processes to ensure compliance with Hawaii's new deadlines.

Hawaii House Bill 1515  authorizes attending physicians to request and refer injured workers for functional capacity examinations without prior employer approval when an employee's work capacity is in question. The law also permits qualified occupational and physical therapists to perform these evaluations. This law went into effect July 1, 2026. Carriers may have to review how expanded access to functional capacity examinations may affect return-to-work evaluations and claim management.