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2022 Hawaii Revised Statutes
Title 24. Insurance
432. Benefit Societies
ARTICLE 1
MUTUAL BENEFIT SOCIETIES
FRATERNAL BENEFIT SOCIETIES
PART I. STRUCTURE AND PURPOSE
MUTUAL BENEFIT SOCIETIES
- 432:1-101 Scope; exemptions.
- 432:1-101.5 Disclosure of health care coverage and benefits.
- 432:1-101.6 Policies relating to domestic abuse cases.
- 432:1-102 Applicability of other laws.
- 432:1-103 Applicability of this article to existing societies and union mutual benefit societies.
- 432:1-104 Definitions.
- 432:1-104.5 Bona fide trade associations.
- 432:1-105 Penalty.
- 432:1-106 REPEALED.
- 432:1-107 Federal law compliance.
- 432:1-107.5 Prohibition on rescissions of coverage. (a) Notwithstanding sections 431:10-226.5 and 431:10A-106 to the contrary, a society shall not rescind coverage under a health benefit plan with respect to an individual, including a group to which the individual belongs or family coverage in which the individual is included, after the individual is covered under the plan, unless: (1) The individual or a person seeking coverage on behalf of the individual performs an act, practice, or omission that constitutes fraud; (2) The individual makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage; or (3) The individual fails to timely pay required premiums or contributions toward the cost of coverage; provided that the rescission is in compliance with federal regulations. As used in this subsection, "a person seeking coverage on behalf of the individual" shall not include an insurance producer or employee or authorized representative of the health carrier. (b) A society shall provide at least thirty days advance written notice to each plan enrollee or, for individual health insurance coverage, to each primary subscriber, who would be affected by the proposed rescission of coverage before coverage under the plan may be rescinded in accordance with subsection (a) regardless of whether, in the case of group health insurance coverage, the rescission applies to the entire group or only to an individual within the group. (c) This section applies regardless of any applicable contestability period. [L 2014, c 186, §2]
- 432:1-108 Fees.
- 432:1-201 Incorporation by charter.
- 432:1-202 Constitution and bylaws; officers; government of society.
- 432:1-203 Actions or proceedings.
- 432:1-204 Foreign societies.
- 432:1-301 Registration with commissioner: certificate of registration and certificate of authority.
- 432:1-302 Commissioner refusal to authorize certificate or solicitation; appeal to circuit court.
- 432:1-303 Authority to offer death, sick, disability, or other benefits; conditions.
- 432:1-304 Authority to offer death, sick, disability, or other benefits; special deposit and control of certain funds.
- 432:1-305 Authority to offer death, sick, disability, or other benefits; restrictions on use of funds.
- 432:1-306 Authority to offer death, sick, disability, or other benefits; deposit or bond.
- 432:1-307 REPEALED.
- 432:1-308 Suspension, revocation, or denial of certificate of authority.
- 432:1-401 REPEALED.
- 432:1-402 Investments of certain mutual benefit societies.
- 432:1-403 Nonprofit medical, hospital indemnity associations; tax exemption.
- 432:1-404 Annual exhibits.
- 432:1-405 Annual audit.
- 432:1-406 Definitions.
- 432:1-407 Protection against insolvency.
- 432:1-408 Uncovered expenditures insolvency deposit.
- 432:1-409 Rehabilitation, liquidation, or conservation of mutual benefit societies.
- 432:1-410 Reserve credit for reinsurance.
- 432:1-501 Examination by commissioner, assistance of other officers.
- 432:1-502 Summary orders and supervision.
- 432:1-503 Closing of doors without notice.
- 432:1-601 Contract limitations for handicapped children and children with intellectual disabilities.
- 432:1-601.5 Coverage for telehealth.
- 432:1-602 Newborn children coverage.
- 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 child health supervision services from the moment of birth through age five years. These services shall be exempt from any deductible provisions, and immunizations shall be exempt from any copayment provisions, which may be in force in these policies or contracts. (b) Child health supervision services shall include twelve visits at approximately the following intervals: birth; two months; four months; six months; nine months; twelve months; fifteen months; eighteen months; two years; three years; four years; and five years. Services to be covered at each visit shall include a history, physical examination, developmental assessment, anticipatory guidance, immunizations, and laboratory tests, in keeping with prevailing medical standards. For purposes of this subsection, the term "prevailing medical standards" means the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (c) Minimum benefits may be limited to one visit payable to one provider for all of the services provided at each visit cited in this section, except that the limitations authorized by this subsection shall not apply to immunizations recommended by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (d) This section does not apply to disability income, specified disease, medicare supplement, or hospital indemnity poli
- 432:1-602.6 Newborn adoptee; coverage.
- 432:1-603 Reimbursement for psychological services.
- 432:1-604 In vitro fertilization procedure coverage.
- 432:1-604.5 Contraceptive services.
- 432:1-605 Mammogram screening.
- 432:1-605.5 Mammograms; referral not required.
- 432:1-606 Qualified medical child support order.
- 432:1-607 Genetic information nondiscrimination in health insurance coverage.
- 432:1-607.3 Nondiscrimination on the basis of actual gender identity or perceived gender identity; coverage for services.
- 432:1-608 Hospice care coverage.
- 432:1-609 Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.
- 432:1-610 Federally funded programs; exemption.
- 432:1-611 REPEALED.
- 432:1-612 Diabetes coverage.
- 432:1-613 Orthodontic services for orofacial anomalies; benefits and coverage; notice.
- 432:1-614 Autism benefits and coverage; notice; definitions.
- 432:1-615 Primary care provider; advanced practice registered nurse.
- 432:1-616 Cancer treatment.
- 432:1-617 Colon cancer screening coverage.
- 432:1-618 Human immunodeficiency virus and acquired immunodeficiency syndrome screening coverage.
- 432:1-620 Formulary; accessibility requirements.
- 432:1-621 Medication synchronization; proration; dispensing fees.
- 432:1-622 Extension of dependent coverage.
- 432:1-623 Prohibition of preexisting condition exclusions.
- 432:1-624 Prohibited discrimination in premiums or contributions.
- 432:1-625 Reimbursement to providers.
FRATERNAL BENEFIT SOCIETIES
PART I. STRUCTURE AND PURPOSE
- 432:2-101 Scope of article.
- 432:2-102 Applicability of other laws.
- 432:2-103 Definitions.
- 432:2-103.5 Policies relating to domestic abuse cases.
- 432:2-104 Fraternal benefit societies.
- 432:2-105 Lodge system.
- 432:2-106 Representative form of government.
- 432:2-107 Purposes and powers.
- 432:2-108 Fees.
- 432:2-201 Qualifications for membership.
- 432:2-202 Location of office, meetings, communications to members, grievance procedures.
- 432:2-203 No personal liability.
- 432:2-204 Waiver.
- 432:2-301 Organization.
- 432:2-302 Amendments to laws.
- 432:2-303 Institutions.
- 432:2-304 Reinsurance.
- 432:2-305 Consolidations and mergers.
- 432:2-306 Conversion of fraternal benefit society into mutual life insurance company.
- 432:2-401 Benefits.
- 432:2-402 Beneficiaries.
- 432:2-403 Benefits not attachable.
- 432:2-404 The benefit contract.
- 432:2-404.5 Genetic information nondiscrimination in health insurance coverage.
- 432:2-405 Nonforfeiture benefits, cash surrender values, certificate loans and other options.
- 432:2-406 Mammogram coverage required; referral not required.
- 432:2-410 Primary care provider; advanced practice registered nurse.
- 432:2-601 Valuations.
- 432:2-602 Reports.
- 432:2-603 Annual license.
- 432:2-604 Examination of societies; no adverse publications.
- 432:2-605 Foreign or alien society, admission.
- 432:2-606 Injunction, liquidation, receivership of domestic society.
- 432:2-607 Suspension, revocation or refusal of license of foreign or alien society.
- 432:2-608 Injunction.
- 432:2-609 Licensing of producers.
- 432:2-610 Unfair methods of competition and unfair and deceptive acts and practices.
- 432:2-611 Federal law compliance.
Cross References
Conformance to federal law, see 431:2-201.5.
Health insurance rate regulation, see chapter 431, article 14G.
Health maintenance organization act, see chapter 432D.
Medicaid-related mandates, see chapter 431L.
Prescription drug benefits, see chapter 431R.
Prescription drugs; mail order opt out option, see 87A-16.3.
Attorney General Opinions
Section 431:10A-601 applied only to insurers, and not mutual benefit societies or health maintenance organizations. Att. Gen. Op. 97-5.
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