2020 Hawaii Revised Statutes
Title 7. Public Officers and Employees
87A. Hawaii Employer-Union Health Benefits Trust Fund

PART I. GENERAL PROVISIONS PART II. BOARD OF TRUSTEES PART III. BOARD POWERS AND DUTIES PART IV. TRUST FUND

Note

Applicability of the following to health benefits plans under this chapter:

(1) Coverage for annual screenings of sexually transmitted diseases, including screenings for human immunodeficiency virus and acquired immunodeficiency syndrome, required by L 2016, c 204. L 2016, c 204, 6;

(2) Nondiscrimination provisions required by L 2016, c 135. L 2016, c 135, 5;

(3) Reimbursement for prescription contraceptive supplies required by L 2016, c 205. L 2016, c 205, 4; and

(4) Requirement for reimbursement for telehealth services by L 2016, c 226. L 2016, c 226, 13.

Changes to personnel and operations as a result of authorization to employ staff through the civil service system; reports to 2018-2019 legislature. L 2017, c 145, 4.

Cross References

Hawaii health authority, see chapter 322H.

Health and dental insurance data; mandatory reporting for certain insurers, see 323D-18.5.

Prescription drug benefits, see chapter 431R.

Case Notes

This chapter's use of general trust language does not impose upon the trustees all of the common law fiduciary duties; although this chapter does not use "discretion" in requiring the board to decide upon the structure of the health benefits plan, the legislature clearly intended that the board have broad discretion in its design; where trustees expressed concern regarding the impact a change to a three- or four-tier structure would have on the collective bargaining process, and also determined that the two-tiered structure would have a negative impact on the smallest percentage of plan participants, trustees did not abuse their discretion. 115 H. 126, 165 P.3d 1027.

The words "similarly situated beneficiary not eligible for medicare", as those words are used in 87A-23(1), or "similarly situated employee-beneficiary not eligible for medicare", as those words are used in 87A-23(3), invoke a comparison between medicare eligible retirees and retirees who do not qualify for medicare; thus, this chapter does not require the board of the employer-union health benefits trust fund to provide health benefits plans to retirees whose benefits "reasonably approximate" those benefits provided to active employees. 122 H. 402, 228 P.3d 282.

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