HB1778_CD1

Act 107 was known as the Hawaii Firefighter Cancer Presumptive Law. It was introduced as Senate Bill 2660 by State Senator Rosalyn Baker, and the companion House Bill 1778 was introduced by Representative Scott Saiki. Act 107 acknowledges the occupational hazards that are inherent with being a fire fighter and provides sufficient medical coverage so that appropriate and timely treatment would reduce the impact of cancer for the families of fire fighters. The first part of Section 2 of the Act, ”Medical care, services, and supplies for controverted (undecided) claims”, applies to all worker’s compensation (WC) claims and requires private health care plans to pay for medical care, services, and supplies, when a WC claim is submitted and is progressing through the process. Although Chapter 10, Title 12, Administrative Rules, specified if a WC claim was filed, the health care insurer was to provide coverage for treatment costs, insurers were not covering the medical costs and would direct the employee to go through WC. Many doctors would tell their patients they would need to find a physician who would accept WC claims. The second part of the Section 2, “Medical care, services, and supplies for firefighters suffering from cancer”, identifies the types of cancers that will be covered by WC and applies to fire fighters who have five or more years of service. If the claim is determined to be compensable, WC will reimburse the treatment costs paid by the private health care plan and the employee.

Yes, a retiree may file a WC claim if diagnosed with the type of cancer covered by Act 107.

There is a two-year limitation between the date of the initial diagnosis to the date the WC claim is filed. For assistance, please contact the HFD Occupational Safety and Health Office at 723-7120 or -723-7137.

www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0088/HRS_0088-0021.htm

This definition is in HRS 88-21 “Retirement for Public Officers and Employees.”

www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0587D/HRS_0587D-0001.htm

This definition is in HRS 587D “Safe Haven for Newborns.”