2017 Hawaii Revised Statutes
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
393. Prepaid Health Care Act
- 393-1 Short title.
- 393-2 Findings and purpose.
- 393-3 Definitions generally.
- 393-4 Place of performance.
- 393-5 Excluded services.
- 393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited.
- 393-7 Required health care benefits.
- 393-11 Coverage of regular employees by group prepaid health care plan.
- 393-12 Choice of plan type and of contractor.
- 393-13 Liability for payment of premium; withholding; recovery of premium.
- 393-14 Commencement of coverage.
- 393-15 Continuation of coverage in case of inability to earn wages.
- 393-16 Liability of secondary employer.
- 393-17 Exemption of certain employees.
- 393-18 Termination of exemption.
- 393-19 Freedom of collective bargaining.
- 393-20 Adjustment of employer-sponsored plans.
- 393-21 Individual waivers; additional withholding for dependents.
- 393-22 Exemption of followers of certain teachings or beliefs.
- 393-23 Joint provision of coverage.
- 393-24 Noncomplying employer held liable for employee's health care costs.
- 393-31 Enforcement by the director.
- 393-32 Rulemaking and other powers of the director.
- 393-33 Penalties; injunction.
- 393-34 Penalties.
- 393-41 Establishment of premium supplementation trust fund.
- 393-42 Management of the fund.
- 393-43 Disbursements from the fund.
- 393-44 Investment of moneys.
- 393-45 Entitlement to premium supplementation.
- 393-46 Income directly attributable to the business.
- 393-47 Claim of premium supplementation.
- 393-48 Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits.
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).
