REPORT TITLE:
Insurance


DESCRIPTION:
Requires mutual benefit societies that offer long-term care
insurance to pay premium taxes on those premiums and to require
membership in the life and disability guarantee association.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           773
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INSURANCE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:16-205, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (g) to read as follows:
 
 3      "(g) Member insurer means any insurer licensed or who holds
 
 4           a certificate of authority to transact in this State
 
 5           any kind of insurance for which coverage is provided
 
 6           under section 431:16-203, and includes any insurer
 
 7           whose license or certificate of authority in this State
 
 8           may have been suspended, revoked, not renewed, or
 
 9           voluntarily withdrawn, but does not include:
 
10           (1)  A nonprofit hospital or medical service
 
11                organization[;] provided that the organization is
 
12                not offering long-term care insurance;
 
13           (2)  A health maintenance organization;
 
14           (3)  A fraternal benefit society;
 
15           (4)  A mandatory state pooling plan;
 
16           (5)  A mutual assessment company or any entity that
 
17                operates on an assessment basis;
 
18           (6)  An insurance exchange; or
 
19           (7)  Any entity similar to any of the above."
 

 
Page 2                                                     
                                     S.B. NO.           773
                                                        
                                                        

 
 1      SECTION 2.  Section 432:1-102, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§432:1-102  Applicability of other laws.(a)  Part III of
 
 4 article 10A of chapter 431 shall apply to nonprofit medical
 
 5 indemnity or hospital service associations.  Such associations
 
 6 shall be exempt from the provisions of part I of article 10A;
 
 7 provided that such exemption is in compliance with applicable
 
 8 federal statutes and regulations.
 
 9      (b)  Article 2 and article 13 of chapter 431, and the powers
 
10 there granted to the commissioner, shall apply to managed care
 
11 plans, health maintenance organizations, or medical indemnity or
 
12 hospital service associations, which are owned or controlled by
 
13 mutual benefit societies, so long as such application in any
 
14 particular case is in compliance with and is not preempted by
 
15 applicable federal statutes and regulations.
 
16      (c)  Part II of articles 7 and 16 of chapter 431 shall apply
 
17 to nonprofit medical indemnity associations, hospital service
 
18 associations, and mutual benefit societies if the association or
 
19 society offers long-term care insurance under part V of article
 
20 10A; provided that this subsection shall apply to only that
 
21 portion of the association's or society's business in long-term
 
22 care insurance." 
 

 
 
 
Page 3                                                     
                                     S.B. NO.           773
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________