Hawaii Revised Statutes 393. Prepaid Health Care Act


  • 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...



  • 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...



  • 393-51 Repealed.
    L 1994, c 99, §§2, 3 as superseded by L 2011, c 228, §§2, 3.

Cross References

Comparable benefits under motor vehicle insurance personal injury protection benefits, see 431:10C-103.6.

Conformance to federal law, see 431:2-201.5.

Hawaii health insurance exchange, see chapter 435H.

Health maintenance organization act, see chapter 432D.

Publication of fees by prepaid health care contractors, see 386-21.5.

Law Journals and Reviews

Implementation of Hawai i's Prepaid Health Care Act: Root Cause of a Health Care Monopoly. VII HBJ, no. 13, at 9 (2003).

Case Notes

Employee's claims for breach of contract and fiduciary duty, alleging employer's failure to notify employee of conversion rights from group to individual health insurance policy, preempted by Employee Retirement Income Security Act of 1974. 768 F. Supp. 734 (1991).

District court concluded, for purposes of plaintiffs' motion to remand to state court only, that: (1) some of plaintiffs' allegations in counts II (violations of chapter 480) and III (breach of fiduciary duty) of the complaint were expressly preempted by ERISA pursuant to 29 U.S.C. 1144(a) and were not subject to the exception for this chapter, and (2) therefore, those claims were necessarily federal in nature, and defendants' removal of the action based on federal question jurisdiction was proper. 892 F. Supp. 2d 1288 (2012).

Last modified: October 27, 2016