Hawaii Revised Statutes 432. Benefit Societies
ARTICLE 1
MUTUAL BENEFIT SOCIETIES
- 432:1-101 Scope; Exemptions.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-101 Scope; exemptions. The provisions of this article shall apply to mutual benefit societies...
- 432:1-101.5 Disclosure of Health Care Coverage and Benefits.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-101.5 Disclosure of health care coverage and benefits. In order to ensure that all...
- 432:1-101.6 Policies Relating to Domestic Abuse Cases.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-101.6 Policies relating to domestic abuse cases. (a) No mutual benefit society shall deny...
- 432:1-102 Applicability of Other Laws.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-102 Applicability of other laws. (a) Part III of article 10A, and article 10H...
- 432:1-103 Applicability of This Article to Existing Societies and Union Mutual Benefit Societies.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-103 Applicability of this article to existing societies and union mutual benefit societies. (a)...
- 432:1-104 Definitions.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-104 Definitions. For the purposes of this article: (1) "Commissioner" means the insurance commissioner...
- 432:1-104.5 Bona Fide Trade Associations.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS [§432:1-104.5] Bona fide trade associations. (a) At the option of a bona fide trade...
- 432:1-105 Penalty.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-105 Penalty. There shall be a fine of not more than $1,000 or imprisonment...
- 432:1-106 Repealed.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS §432:1-106 REPEALED. L 2009, c 149, §12. Cross References Insurance fraud, see §§431:2-401 to
- 432:1-107 Federal Law Compliance.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS [§432:1-107] Federal law compliance. A mutual benefit society shall comply with applicable federal law....
- 432:1-107.5 Prohibition on Rescissions of Coverage.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS [§432:1-107.5] Prohibition on rescissions of coverage. (a) Notwithstanding sections 431:10-226.5 and 431:10A-106 to the...
- 432:1-108 Fees.
Assessments of health insurers, see §431:2-216. PART I. GENERAL PROVISIONS [§432:1-108] Fees. (a) The commissioner shall collect, in advance, the following fees: (1) Certificate...
PART II. ORGANIZATION
PART III. AUTHORITY TO OFFER BENEFITS
- 432:1-301 Registration With Commissioner: Certificate of Registration and Certificate of Authority.
(a) Before doing business or engaging in any act, any society as defined in section 432:1-104(2) shall file with the commissioner: (1) Copies of...
- 432:1-302 Commissioner Refusal to Authorize Certificate or Solicitation; Appeal to Circuit Court.
(a) If the commissioner reasonably believes that the financial plan of the society is unsound or not feasible from an actuarial or other accounting...
- 432:1-303 Authority to Offer Death, Sick, Disability, or Other Benefits; Conditions.
(a) Each society promising or offering to pay death, sick, disability, or other benefits in an amount equal to or in excess of $25...
- 432:1-304 Authority to Offer Death, Sick, Disability, or Other Benefits; Special Deposit and Control of Certain Funds.
Except as provided in this section and section 432:1-305, all regular payments received for account of death benefit, accident and health or sickness, or...
- 432:1-305 Authority to Offer Death, Sick, Disability, or Other Benefits; Restrictions on Use of Funds.
(a) At no time shall the society, except as provided in subsection (c), use more than twenty-five per cent of the payments up to...
- 432:1-306 Authority to Offer Death, Sick, Disability, or Other Benefits; Deposit or Bond.
(a) The society shall deposit with the commissioner fifty per cent of the minimum net worth requirement provided in section 432:1-407(a)(2), either in cash...
- 432:1-307 Repealed.
L 2012, c 251, §15.
- 432:1-308 Suspension, Revocation, or Denial of Certificate of Authority.
(a) Any certificate of authority issued under this chapter may be suspended or revoked and any application for a certificate of authority may be...
PART IV. FINANCIAL AND REPORTING REQUIREMENTS
- 432:1-401 Repealed.
L 2011, c 81, §12.
- 432:1-402 Investments of Certain Mutual Benefit Societies.
No domestic mutual benefit society promising or offering to pay death, sick, disability, or other benefits in an amount equal to or in excess...
- 432:1-403 Nonprofit Medical, Hospital Indemnity Associations; Tax Exemption.
Every association or society organized and operating under this article solely as a nonprofit medical indemnity or hospital service association or society or both...
- 432:1-404 Annual Exhibits.
(a) Each society shall file with the commissioner annually, on or before March 1 in each year, a statement under oath, and in such...
- 432:1-405 Annual Audit.
(a) Annually on or before June 1, or such later date as the commissioner upon request or for cause may specify, each domestic mutual...
- 432:1-406 Definitions.
As used in this article: "Health care expenditures" means claims incurred. "Managed hospital payment basis" means agreements wherein the financial risk is primarily related...
- 432:1-407 Protection Against Insolvency.
(a) Net worth requirements are as follows: (1) Before issuing a certificate of authority pursuant to section 432:1-301, the commissioner shall require that the...
- 432:1-408 Uncovered Expenditures Insolvency Deposit.
(a) If, at any time, uncovered expenditures exceeds ten per cent of total health care expenditures, a mutual benefit society shall place with the...
- 432:1-409 Rehabilitation, Liquidation, or Conservation of Mutual Benefit Societies.
(a) Any rehabilitation, liquidation, or conservation of a mutual benefit society shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance...
- 432:1-410 Reserve Credit for Reinsurance.
Any society that takes credit for reserves on risks ceded to a reinsurer shall be subject to provisions of chapter 431 related to credit...
PART V. EXAMINATION POWERS AND RECEIVERSHIP
PART VI. REQUIRED PROVISIONS AND BENEFITS
- 432:1-601 Contract Limitations for Handicapped Children and Children With Intellectual Disabilities.
All individual and group hospital or medical service plan contracts, delivered or issued for delivery in this State after May 8, 1968, which provide...
- 432:1-601.5 Coverage for Telehealth.
(a) It is the intent of the legislature to recognize the application of telehealth as a reimbursable service by which an individual shall receive...
- 432:1-602 Newborn Children Coverage.
(a) All individual and group hospital and medical service corporation contracts which provide coverage for a family member of the subscriber shall, as to...
- 432:1-602.5 Coverage for Child Health Supervision Services.
(a) All individual and group hospital and medical service corporation contracts which provide coverage for the children of the subscriber shall provide coverage for...
- 432:1-602.6 Newborn Adoptee; Coverage.
(a) Notwithstanding any provision to the contrary, whenever a policy, contract, plan, or agreement provides coverage for the children of the insured, that coverage...
- 432:1-603 Reimbursement for Psychological Services.
Notwithstanding any provision of any individual or group hospital or medical service plan contract, whenever the contract provides reimbursement or payment for any service...
- 432:1-604 in Vitro Fertilization Procedure Coverage.
(a) All individual and group hospital or medical service plan contracts which provide pregnancy-related benefits shall include in addition to any other benefits for...
- 432:1-604.5 Contraceptive Services.
(a) Notwithstanding any provision of law to the contrary, each employer group health policy, contract, plan, or agreement issued or renewed in this State...
- 432:1-605 Mammogram Screening.
(a) Notwithstanding any provision to the contrary, each policy, contract, plan, or agreement issued on or after February 1, 1991, except for policies that...
- 432:1-605.5 Mammograms; Referral Not Required.
(a) For purposes of the annual screening mammogram coverage required under section 432:1-605, no mutual benefit society shall require a covered person forty years...
- 432:1-606 Qualified Medical Child Support Order.
(a) An employer, who provides health coverage to dependent children of an employee, shall recognize a child identified in a qualified medical child support...
- 432:1-607 Genetic Information Nondiscrimination in Health Insurance Coverage.
(a) No mutual benefit society may: (1) Use an individual's or a family member's genetic information, or request for genetic services, to deny or...
- 432:1-608 Hospice Care Coverage.
(a) Any other law to the contrary notwithstanding, commencing on January 1, 2000, all mutual benefit societies issuing or renewing an individual and group...
- 432:1-609 Medical Foods and Low-Protein Modified Food Products; Treatment of Inborn Error of Metabolism; Notice.
(a) All individual and group hospital and medical service plan contracts and medical service corporation contracts under this chapter shall provide coverage for medical...
- 432:1-610 Federally Funded Programs; Exemption.
Requirements relating to mandated coverages shall not be applicable to any mutual benefit society offering health insurance under a federally funded program under the...
- 432:1-611 Reimbursement for Services of Advanced Practice Registered Nurses.
All individual and group hospital and medical service plan contracts and medical service corporation contracts under this article shall provide reimbursement for health plan-covered...
- 432:1-612 Diabetes Coverage.
All group health care contracts under this chapter shall provide, to the extent provided under section 431:10A-121, coverage for outpatient diabetes self-management training, education,...
- 432:1-613 Orthodontic Services for Orofacial Anomalies; Benefits and Coverage; Notice.
:1-613] Orthodontic services for orofacial anomalies; benefits and coverage; notice. (a) Notwithstanding any law to the contrary, each individual and group hospital or medical service...
- 432:1-614 Autism Benefits and Coverage; Notice; Definitions.
(a) Each hospital and medical service plan contract issued or renewed in this State after January 1, 2016, shall provide to the member and individuals...
- 432:1-615 Primary Care Provider; Advanced Practice Registered Nurse.
(a) Each policy of insurance delivered or issued for delivery in this State by a mutual benefit society shall recognize advanced practice registered nurses,...
- 432:1-616 Cancer Treatment.
(a) All individual and group hospital and medical service plan contracts that include coverage or benefits for the treatment of cancer shall provide payment...
- 432:1-617 Colon Cancer Screening Coverage.
(a) All individual and group hospital and medical service contracts providing health care coverage shall provide coverage for colorectal-cancer screening by all A and...
- 432:1-620 Formulary; Accessibility Requirements.
(a) Each mutual benefit society offering or renewing an individual and group hospital or medical service plan contract on or after January 1, 2017, shall...
ARTICLE 2
FRATERNAL BENEFIT SOCIETIES
PART I. STRUCTURE AND PURPOSE
- 432:2-101 Scope of Article.
This article relates only to fraternal benefit societies, as defined herein, which desire to be authorized to pay benefits in accordance with this article...
- 432:2-102 Applicability of Other Laws.
(a) Except as herein provided, societies shall be governed by this article and shall be exempt from all other provisions of the insurance laws...
- 432:2-103 Definitions.
For the purposes of this article: (1) Benefit contract shall mean the agreement for provision of benefits authorized by section 432:2-401, as that agreement...
- 432:2-103.5 Policies Relating to Domestic Abuse Cases.
(a) No fraternal benefit society shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or...
- 432:2-104 Fraternal Benefit Societies.
Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of section 432:2-704(a)(2) whether incorporated or not, conducted...
- 432:2-105 Lodge System.
(a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected,...
- 432:2-106 Representative Form of Government.
A society has a representative form of government when: (1) It has a supreme governing body constituted in one of the following ways: (A)...
- 432:2-107 Purposes and Powers.
(a) A society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in section 432:2-401; and (2)...
- 432:2-108 Fees.
(a) The commissioner shall collect, in advance, the following fees: (1) Certificate of authority: (A) Application for a certificate of authority: $900; (B) Issuance...
PART II. MEMBERSHIP
PART III. GOVERNANCE
- 432:2-301 Organization.
A domestic society organized on or after July 1, 1988, shall be formed as follows: (1) Seven or more citizens of the United States,...
- 432:2-302 Amendments to Laws.
(a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular...
- 432:2-303 Institutions.
A society may create, maintain and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by section 432:2-107(a)(2). Such...
- 432:2-304 Reinsurance.
(a) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer (other...
- 432:2-305 Consolidations and Mergers.
(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with...
- 432:2-306 Conversion of Fraternal Benefit Society Into Mutual Life Insurance Company.
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of chapter...
PART IV. CONTRACTUAL BENEFITS
- 432:2-401 Benefits.
(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or...
- 432:2-402 Beneficiaries.
(a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the...
- 432:2-403 Benefits Not Attachable.
No money or other benefit, charity, relief or aid to be paid, provided or rendered by a society, shall be liable to attachment, garnishment...
- 432:2-404 the Benefit Contract.
(a) Every society authorized to do business in this State shall issue to each owner of a benefit contract a certificate specifying the amount...
- 432:2-404.5 Genetic Information Nondiscrimination in Health Insurance Coverage.
(a) No fraternal benefit society may: (1) Use an individual's or a family member's genetic information, or request for genetic services, to deny or...
- 432:2-405 Nonforfeiture Benefits, Cash Surrender Values, Certificate Loans and Other Options.
(a) For certificates issued prior to one year after July 1, 1988, the value of every paid-up nonforfeiture benefit and the amount of any...
- 432:2-406 Mammogram Coverage Required; Referral Not Required.
(a) A fraternal benefit society shall provide coverage for an annual screening mammogram to the same extent as required under section 431:10A-116; provided that...
- 432:2-410 Primary Care Provider; Advanced Practice Registered Nurse.
(a) Each policy of insurance delivered or issued for delivery in this State by a fraternal benefit society shall recognize advanced practice registered nurses,...
PART V. FINANCIAL
- 432:2-501 Investments.
A society shall invest its funds only in such investments as are authorized by the laws of this State for the investment of assets...
- 432:2-502 Funds.
(a) All assets shall be held, invested and disbursed for the use and benefit of the society. No member or beneficiary shall have or...
- 432:2-503 Taxation.
Every society organized and operating or licensed under this article shall be, from the time of such organization, exempt from every state, county, and...
PART VI. REGULATION
- 432:2-601 Valuations.
(a) Standards of valuation for certificates issued prior to one year after July 1, 1988, shall be those provided by the laws applicable immediately...
- 432:2-602 Reports.
(a) Every society transacting business in this State shall annually, on or before March 1, unless for cause shown such time has been extended...
- 432:2-603 Annual License.
Societies that are now authorized to transact business in this State may continue to transact business until August 16, 2016. The authority of societies and...
- 432:2-604 Examination of Societies; No Adverse Publications.
(a) The commissioner, or any person the commissioner may appoint, may examine any domestic, foreign or alien society transacting or applying for admission to...
- 432:2-605 Foreign or Alien Society, Admission.
No foreign or alien society shall transact business in this State without a license issued by the commissioner. Any such society desiring admission to...
- 432:2-606 Injunction, Liquidation, Receivership of Domestic Society.
(a) When the commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers; (2) Has failed to comply with any provision...
- 432:2-607 Suspension, Revocation or Refusal of License of Foreign or Alien Society.
(a) When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this State: (1) Has...
- 432:2-608 Injunction.
No application or petition for injunction against any domestic, foreign or alien society, or lodge, shall be recognized in any court of the State...
- 432:2-609 Licensing of Producers.
(a) Fraternal benefit society producers shall be licensed in accordance with the provisions governing producers in articles 7 and 9A of chapter 431, except...
- 432:2-610 Unfair Methods of Competition and Unfair and Deceptive Acts and Practices.
Every society authorized to do business in this State shall be subject to the provisions of article 13 of the insurance code relating to...
- 432:2-611 Federal Law Compliance.
A fraternal benefit society shall comply with applicable federal law. The commissioner shall enforce the consumer protections and market reforms relating to insurance as...
PART VII. MISCELLANEOUS
- 432:2-701 Service of Process.
(a) Every society authorized to do business in this State shall appoint in writing the commissioner and each successor in office to be its...
- 432:2-702 Review.
All decisions and findings of the commissioner made under the provisions of this article shall be subject to review by proper proceedings in any...
- 432:2-703 Penalties.
(a) Any person who wilfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of...
- 432:2-704 Exemption of Certain Societies.
(a) Nothing contained in this article shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of societies, orders,...
- 432:2-705 Severability.
If any provision of this article or the application of such provision to any circumstance is held invalid, the remainder of the article or...
Last modified: October 27, 2016