Hawaii Revised Statutes 393. Prepaid Health Care Act

PART I. SHORT TITLE; PURPOSE; DEFINITIONS

• 393-1 Short Title.
  This chapter shall be known as the "Hawaii Prepaid Health Care Act". [L 1974, c 210, pt of §1] Cross References Congressional exemption from...
• 393-2 Findings and Purpose.
  The cost of medical care in case of sudden need may consume all or an excessive part of a person's resources. Prepaid health care...
• 393-3 Definitions Generally.
  As used in this chapter, unless the context clearly requires otherwise: "Department" means the department of labor and industrial relations. "Director" means the director...
• 393-4 Place of Performance.
  "Employment" includes an individual's entire service, performed within or both within and without this State if: (1) The service is localized in this State;...
• 393-5 Excluded Services.
  "Employment" as defined in section 393-3 does not include: (1) Service performed by an individual in the employ of an employer who, by the...
• 393-6 Principal and Secondary Employer Defined; Coercion, Interference, Etc. Prohibited.
  If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer...
• 393-7 Required Health Care Benefits.
  (a) A prepaid health care plan shall qualify as a plan providing the mandatory health care benefits required under this chapter if it provides...

PART II. MANDATORY COVERAGE

• 393-11 Coverage of Regular Employees by Group Prepaid Health Care Plan.
  Every employer who pays to a regular employee monthly wages in an amount of at least 86.67 times the minimum hourly wage, specified in...
• 393-12 Choice of Plan Type and of Contractor.
  (a) Every employer required to provide coverage for the employer's employees by a prepaid group health care plan under this chapter shall elect whether...
• 393-13 Liability for Payment of Premium; Withholding; Recovery of Premium.
  Unless an applicable collective bargaining agreement specifies differently every employer shall contribute at least one-half of the premium for the coverage required by this...
• 393-14 Commencement of Coverage.
  The employer shall provide the coverage required by this chapter for any regular employee, who has been in the employer's employ for four consecutive...
• 393-15 Continuation of Coverage in Case of Inability to Earn Wages.
  If an employee is hospitalized or otherwise prevented by sickness from working, the employer shall enable the employee to continue the employee's coverage by...
• 393-16 Liability of Secondary Employer.
  An employer who has been notified by an employee, in the form prescribed by the director, that the employer is not the principal employer...
• 393-17 Exemption of Certain Employees.
  (a) In addition to the exemption specified in section 393-16, an employer shall be relieved of the employer's duty under section 393-11 with respect...
• 393-18 Termination of Exemption.
  (a) If an exemption which has been claimed by an employee pursuant to section 393-17 terminates because of any change in the circumstances entitling...
• 393-19 Freedom of Collective Bargaining.
  (a) In addition to the policy stated in section 393-2, nothing in this chapter shall be construed to limit the freedom of employees to...
• 393-20 Adjustment of Employer-Sponsored Plans.
  Where employees subject to the coverage of this chapter are included in the coverage provisions of an employer-sponsored prepaid health care plan covering similar...
• 393-21 Individual Waivers; Additional Withholding for Dependents.
  (a) An employee may waive individually all of the required health care benefits pursuant to this chapter by: (1) Requesting the waiver by a...
• 393-22 Exemption of Followers of Certain Teachings or Beliefs.
  This chapter shall not apply to any individual who pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer...
• 393-23 Joint Provision of Coverage.
  Employers may form associations for the purpose of jointly providing prepaid health care protection under this chapter for their employees with the contractors authorized...
• 393-24 Noncomplying Employer Held Liable for Employee's Health Care Costs.
  Any employer who fails to provide coverage as required by this chapter shall be liable to pay for the health care costs incurred by...

PART III. ADMINISTRATION AND ENFORCEMENT

• 393-31 Enforcement by the Director.
  Except as otherwise provided in section 393-7 the director shall administer and enforce this chapter. The director may appoint such assistants and such clerical,...
• 393-32 Rulemaking and Other Powers of the Director.
  The director may adopt, amend, or repeal, pursuant to chapter 91, such rules and regulations as the director deems necessary or suitable for the...
• 393-33 Penalties; Injunction.
  (a) If an employer fails to comply with section 393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less than...
• 393-34 Penalties.
  (a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any...

PART IV. PREMIUM SUPPLEMENTATION

• 393-41 Establishment of Premium Supplementation Trust Fund.
  There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund...
• 393-42 Management of the Fund.
  The director of finance shall be the treasurer and custodian of the premium supplementation fund and shall administer the fund in accordance with the...
• 393-43 Disbursements From the Fund.
  Expenditures of moneys in the premium supplementation fund shall not be subject to any provisions of law requiring specific appropriations or other formal release...
• 393-44 Investment of Moneys.
  With the approval of the department the director of finance may, from time to time, invest such moneys in the premium supplementation fund as...
• 393-45 Entitlement to Premium Supplementation.
  (a) An employer who employs less than eight employees entitled to coverage under this chapter and who provides coverage to such employees pursuant to...
• 393-46 Income Directly Attributable to the Business.
  (a) "Income directly attributable to the business" means gross profits from the business minus deductions for: (1) Compensation of officers; (2) Salaries and wages,...
• 393-47 Claim of Premium Supplementation.
  An employer entitled to premium supplementation shall file a claim therefor in the manner provided by regulation of the director. The employer shall have...
• 393-48 Prepaid Health Care Benefits to Be Paid From the Premium Supplementation Fund; Recovery of Benefits.
  Prepaid health care benefits shall be paid from the premium supplementation fund to an employee who is entitled to receive prepaid health care benefits...

PART V. TERMINATION OF CHAPTER--REPEALED

• 393-51 Repealed.
  L 1994, c 99, §§2, 3 as superseded by L 2011, c 228, §§2, 3.

Last modified: October 27, 2016