Report Title:
Mutual Benefit Societies
Description:
Maintains competition and consumer choice by deleting requirements that pose obstacles to smaller health plans. Deletes requirement that health plans must maintain a fund equal to "one half of twenty times the maximum benefits paid in 30 days" and caps the deposit requirement at $20 million.
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THE SENATE |
S.B. NO. |
3016 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MUTUAL BENEFIT SOCIETIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 432:1-303, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) If the society does not offer
or promise to pay any death benefits in excess of $25 upon the death of a
member, but merely offers or promises to pay disability benefits by reason of
sickness or injury, or to pay any other benefits, with or without provision of
death benefit in excess of $25, the society shall, before receiving a
certificate of compliance with law from the commissioner, prove to the
commissioner that at least one hundred members have each paid in, in cash, at
least six regular monthly payments to the disability fund[. Such];
provided that payments in the aggregate shall:
(1) Amount to at least twenty times the maximum
amount of disability or other benefits offered or promised to be paid to any
one member during or within a period of thirty days[,];
(2) Be credited to [the] disability, sick,
or other [benefit fund,] benefits; and
(3) During the period of organization of the society, be held in trust to be returned to the applicants or members who have made payment of the same, if and in case the organization of the society is not completed within one year."
SECTION 2. Section 432:1-304, Hawaii Revised Statutes, is amended to read as follows:
"§432:1-304
Authority to offer death, sick, disability, or other benefits; special deposit
and control of certain funds.
Except as provided in this section and section 432:1-305, all regular payments
received for account of death benefit, accident and health or sickness, or
other [benefit funds,] benefits, during the period of
organization of a society, shall not be used for the payment of any expenses of
the society, but shall be placed on deposit or in trust in some bank or trust
company approved by the commissioner, payable to the society but under the
joint control with the commissioner. In case the organization of the
society is not completed within one year, the funds shall be returned to the
applicants or members who made payments of the respective amounts. If,
however, the organization is completed and the commissioner issues a
certificate of compliance with the law, the funds so deposited in trust,
together with interest, if any, shall be released by the commissioner in favor
of the society."
SECTION 3. Section 432:1-305, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) At no time shall the society,
except as provided in subsection (c), use more than twenty-five per cent of the
payments up to $100,000 and seven per cent of the payments in excess of
$100,000, received from its members or applicants in the form of admission
fees, dues, contributions, or assessments of any nature for expenses other than
taxes, in connection with the management or operation of the death benefit,
sick, disability, or other [benefit funds.] benefits."
SECTION 4. Section 432:1-306, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [After the organization of the
society is completed, and before a certificate of compliance is granted by the
commissioner, the] The society shall deposit with the commissioner [one-half
the maximum amount required to be maintained in its death benefit and
disability, or sick, or other benefit fund, as provided in section 432:1-401,]
fifty per cent of the minimum net worth requirement as provided in section
432:1-407(a)(2), either in cash or in securities approved by the
commissioner[.]; provided that the deposit shall be not less than
$1,000,000 and shall not exceed $20,000,000."
SECTION 5. Section 432:1-401, Hawaii Revised Statutes, is repealed.
["§432:1-401 Benefit
funds. Each society shall at all times maintain:
(1) In its death benefit fund, at least
five times the maximum amount of death benefit offered or promised to be paid
to any one member, and
(2) In its sick, disability or other
benefit fund, at least twenty times the maximum amount of sick, disability or
other benefits, whichever maximum amount is greater, offered or promised to be
paid to any one member during or within a period of thirty days."]
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |