CHAPTER 393

PREPAID HEALTH CARE ACT

Part I. Short Title; Purpose; Definitions

Section

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

Part II. Mandatory Coverage

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 of beliefs

393-23 Joint provision of coverage

393-24 Noncomplying employer held liable for employee's

health care costs

Part III. Administration and Enforcement

393-31 Enforcement by the director

393-32 Rulemaking and other powers of the director

393-33 Penalties; injunction

393-34 Penalties

Part IV. Premium Supplementation

393-41 Establishment of special premium supplementation 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

Part V. Termination of Chapter

393-51 Termination of chapter

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.

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 pg. 9.

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.

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