Hawaii Revised Statutes 435e. Physicians and Surgeons Cooperative Indemnity
PART I. COOPERATIVE INDEMNITY
- 435e-1 Definitions.
Unless the context clearly requires otherwise: "Commissioner" means the insurance commissioner of this State. "Physician" or "surgeon" means any person licensed to practice medicine...
- 435e-2 Cooperative Indemnity.
Physicians and surgeons may, any other law to the contrary notwithstanding, form cooperative corporations for the purposes of this chapter. The members of a...
- 435e-3 Rules.
The commissioner may adopt, amend, and repeal rules necessary to implement this chapter, subject to chapter 91. [L 1977, c 182, pt of ยง1;...
PART II. TRUST AGREEMENTS
- 435e-11 Trust Agreement, Required.
(a) Each participating member shall enter into and, concurrently therewith, receive an executed copy of a trust agreement, which shall govern the collection and...
- 435e-12 Trust Corpus, Contributions.
There shall be an initial trust corpus of not less than $3,000,000 which corpus shall be a trust fund to secure enforcement of the...
- 435e-13 Board of Trustees.
The reserve trust fund created by such trust agreement shall be administered by a board of trustees of three or more members, all of...
- 435e-14 Board of Trustees, Custodian.
The board of trustees shall be the custodian of all funds of the interindemnity arrangement, and all such funds shall be deposited in such...
- 435e-15 Funds, Investment.
All funds held in trust which are in excess of current financial needs shall be invested and reinvested from time to time, under the...
- 435e-16 Payments.
The income earned on the corpus of the trust fund shall be the source for the payment of the claims, costs, judgments, settlements, and...
- 435e-17 Minimum Indemnity Level.
Each participating member shall be covered by such interindemnity arrangement for not less than $100,000 for each claim and not less than $300,000 annual...
- 435e-18 Withdrawal of Corpus.
Withdrawal of all, or any portion of, the corpus of the reserve trust fund shall be upon the written authorization signed by at least...
- 435e-19 Annual Reports; Disclosure.
The board of trustees shall furnish the following to each member participating in such interindemnity arrangement, and shall file a copy with the commissioner:...
- 435e-20 Death of Member.
In the event a participating member who is in full compliance with the trust agreement dies, the initial contribution made by the decedent shall...
- 435e-21 Retirement of Member.
A participating member who is then in full compliance with the trust agreement and who has reached the age of sixty-five and who has...
- 435e-22 Disability of Member.
During any period in which a participating member, who is then in full compliance with the trust agreement, has, in the judgment of the...
- 435e-23 Member Failure to Pay.
In the event a participating member fails to pay any assessment when the same is due, the board of trustees may terminate such person's...
- 435e-24 Noncomplying Member.
In the event a participating member fails to comply with any provision of the trust agreement (other than a failure to pay assessments when...
- 435e-25 Voluntary Termination of a Member.
A participating member who is then in full compliance with the trust agreement may elect voluntarily to terminate his or her membership in the...
- 435e-26 Involuntary Termination of a Member.
The board of trustees shall have the right to terminate the membership of a participating member where the board of trustees determines that such...
- 435e-27 Rights of Members.
Each member participating in an interindemnity arrangement shall have the right of access to, and the inspection of, the books and records of the...
- 435e-28 Meeting of Members.
There shall be a meeting of all members participating in the interindemnity arrangement, at least annually, after not less than ten days' written notice...
- 435e-29 Termination.
The interindemnity arrangement, and the reserve trust fund incident thereto, shall be subject to termination at any time by the vote or written consent...
PART III. BOARD OF TRUSTEES, MEMBERS
- 435e-31 Annual Report, Certificate of Transmittal.
The board of trustees shall cause to be recorded with the commissioner within one hundred twenty days following the end of each fiscal year,...
- 435e-32 Prospective Member.
Each physician or surgeon solicited to become a participating member in an interindemnity arrangement shall receive in writing, at least forty-eight hours prior to...
- 435e-33 Compensation.
No person shall receive, or be entitled to receive any payment, bonus, salary, income, compensation, or other benefit whatsoever, either from the reserve trust...
- 435e-34 Peer Review.
(a) A peer review committee or committees shall be established by the trust agreement to review the qualifications of any physician and surgeon to...
PART IV. UNFAIR COMPETITION AND
DECEPTIVE ACTS OR PRACTICES
- 435e-41 Unfair Methods of Competition and Deceptive Acts or Practices.
The following are unfair methods of competition and deceptive acts or practices with respect to cooperative corporations or interindemnity arrangements under this chapter: (1)...
- 435e-42 Enforcement.
Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation...
- 435e-43 Investigation, Publication.
The commissioner may, in the commissioner's discretion, (1) make such public or private investigations within or outside of this State as the commissioner deems...
- 435e-44 Hearing, Subpoena.
For the purpose of any investigation or proceeding, the commissioner or any person designated by the commissioner may hold hearings subject to chapter 91....
- 435e-45 Refusal to Comply.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court, upon application by the commissioner, may...
- 435e-46 Attendance and Testimony.
No person is excused from attending or testifying or from producing any document or record before the commissioner, or in obedience to the subpoena...
Last modified: October 27, 2016