CHAPTER 393
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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 or 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 premium supplementation trust 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Part V. Termination of Chapter--Repealed
393-51 Repealed
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.
Hawaii health insurance exchange, see chapter 435H.
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 9 (2003).
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 (1991).
District court concluded, for purposes of plaintiffs' motion to remand to state court only, that:
(1)some of plaintiffs' allegations in counts II (violations of chapter 480) and III (breach of fiduciary duty) of the complaint were expressly preempted by ERISA pursuant to 29 U.S.C. §1144(a) and were not subject to the exception for this chapter, and
(2)therefore, those claims were necessarily federal in nature, and defendants' removal of the action based on federal question jurisdiction was proper. 892 F. Supp. 2d 1288 (2012).