reglab/housing_qa huggingface dataset:
HI Rev Stat § 431C-52 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-52 Conflict of laws.

  §431C-52 Conflict of laws. (a) If there is more than one owner of a single policy, and the owners are residents of different states, the life settlement contract shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all of the owners. The law of the state of the insured shall govern in the event that equal owners fail to agree in writing upon a state of residence for jurisdictional purposes.  (b) A provider from this State who enters into a life settlement contract with an owner who is a resident of another state that has enacted statutes or adopted regulations governing life settlement contracts, shall be governed in the effectuation of that life settlement contract by the statutes and regulations of the owner's state of residence. If the state in which the owner is a resident has not enacted statutes or regulations governing life settlement contracts, the provider shall give the owner notice that neither that state nor this State regulates the transaction upon which the owner is entering. For transactions in those states, however, the provider shall maintain all records required if the transactions were executed in the state of residence. The forms used in those states need not be approved by the insurance division.  (c) If there is a conflict in the laws that apply to an owner and a purchaser in any individual transaction, the laws of the state that apply to the owner shall take precedence and the provider shall comply with those laws. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-53 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-53 Authority to adopt rules.

  §431C-53 Authority to adopt rules. The commissioner may adopt rules to implement this chapter pursuant to chapter 91. [L 2012, c 256, pt of §1]
HI Rev Stat § 431K-1.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-1.5 Financial responsibility.

  §431K-1.5 Financial responsibility. Whenever pursuant to the laws of this State or any county of this State a demonstration of financial responsibility is required as a condition for obtaining a license or permit to undertake specified activities, if any such requirement may not be satisfied by obtaining insurance from an insurance company not authorized in this State, then such requirement may not be satisfied by purchasing insurance from a risk retention group not chartered in this State. [L 1989, c 272, §1]
HI Rev Stat § 431K-3.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-3.5 Registration fees and service fees of risk retention groups not chartered in this State.

  §431K-3.5 Registration fees and service fees of risk retention groups not chartered in this State. (a) A risk retention group chartered in states other than this State and seeking to do business as a risk retention group in this State shall pay an initial registration fee of $300 to the commissioner and shall thereafter pay annually a service fee of $150 on or before the extension date of the certificate of authority, as established pursuant to section 431:3-214. The commissioner may, upon showing of good cause, waive or modify, in whole or part, all fees in this subsection by order.  (b) If the service fee is not paid on or before the extension date, a penalty shall be imposed in the amount of fifty per cent of the service fee. The commissioner shall provide written notice of the delinquency of payment and the imposition of the authorized penalty. If the service fee and the penalty are not paid within thirty days immediately following the date of the notice of delinquency, the commissioner may revoke the registration of the risk retention group and may not reinstate the registration until the service fee and the penalty have been paid. [L 2015, c 63, pt of §1; am L 2021, c 110, §15]
HI Rev Stat § 431K-4 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-4 Compulsory associations.

  §431K-4 Compulsory associations. (a) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this State, nor shall any risk retention group or its insureds receive any benefit from any such fund for claims arising out of the operations of such risk retention group.  (b) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this State or a risk retention group, no such risks wherever resident or located shall be covered by any insurance insolvency guaranty fund or similar mechanism in this State.  (c) When a purchasing group obtains insurance covering its members' risks from an insurer authorized in Hawaii, claims shall be covered by the property and liability insurance guaranty association, subject to the provisions of chapter 431, article 16.  (d) A risk retention group shall participate in this State's joint underwriting associations and mandatory liability pools as provided by any law of this State. [L 1987, c 180, pt of §1; am L 1989, c 272, §5]
HI Rev Stat § 431K-5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-5 REPEALED.

  §431K-5 REPEALED. L 1989, c 272, §9.
HI Rev Stat § 431K-6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-6 Purchasing groups; exemption from certain laws relating to the group purchase of insurance.

  §431K-6 Purchasing groups; exemption from certain laws relating to the group purchase of insurance. A purchasing group meeting the criteria established under the provisions of the Federal Liability Risk Retention Act of 1986, P.L. 99-563, shall be exempt from any law of this State relating to the creation of groups for the purchase of insurance, prohibition of group purchasing or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this State which prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters. A purchasing group shall be subject to all other applicable laws of this State. [L 1987, c 180, pt of §1]
HI Rev Stat § 431K-7 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-7 Notice and registration requirements of purchasing groups.

 §431K-7 Notice and registration requirements of purchasing groups. (a) A purchasing group that intends to do business in this State shall furnish, on forms prescribed by the National Association of Insurance Commissioners, notice to the commissioner that shall include the following:  (1) Identification of the state in which the group is domiciled;  (2) Specification of the lines and classifications of liability insurance that the purchasing group intends to purchase;  (3) Identification of the insurance company or risk retention group from which the group intends to purchase its insurance and the domicile of the company or risk retention group; and  (4) Identification of the principal place of business of the group.  (b) The commissioner may require a purchasing group to provide the following information:  (1) The method by which, and the person or persons through whom, insurance will be offered to its members whose risks are resident or located in this State;  (2) Identify all other states in which the group intends to do business; and  (3) Provision of other information to verify that the purchasing group qualifies as such under section 431K-1.  (c) The purchasing group shall register with and designate the commissioner or other appropriate authority as its agent solely for the purpose of receiving service of legal documents or process, except that these requirements shall not apply in the case of a purchasing group that:  (1) Was domiciled before April 1, 1986, and is domiciled on and after October 27, 1986, in any state of the United States;  (2) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state, and since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state;  (3) Was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981, 15 U.S.C. §3901 et seq., before October 27, 1986; and  (4) Does not purchase insurance that was not authorized for purposes of an exemption under that Act, as in effect before October 27, 1986.  (d) Within ten days a purchasing group shall notify the commissioner of any changes in any of the items set forth in subsections (a) and (b). [L 1987, c 180, pt of §1; am L 1989, c 272, §6; am L 1993, c 321, §17; am L 1997, c 368, §9]
HI Rev Stat § 431K-7.1 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-7.1 Registration fees and service fees of purchasing groups.

 §431K-7.1 Registration fees and service fees of purchasing groups. (a) A purchasing group that intends to do business in this State shall pay an initial registration fee of $300 to the commissioner and shall thereafter pay annually a service fee of $150 on or before the extension date of the certificate of authority, as established pursuant to section 431:3-214. The commissioner may, upon showing of good cause, waive or modify, in whole or part, all fees in this subsection by order.  (b) If the service fee is not paid on or before August 16 of the year in which payment is due, a penalty shall be imposed in the amount of fifty per cent of the service fee. The commissioner shall provide written notice of the delinquency of payment and the imposition of the authorized penalty. If the service fee and the penalty are not paid within thirty days immediately following the date of the notice of delinquency, the commissioner may revoke the registration of the purchasing group and may not reinstate the registration until the service fee and the penalty have been paid. [L 2015, c 63, pt of §1; am L 2021, c 110, §16]
HI Rev Stat § 431K-7.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-7.5 Purchasing group taxation. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this State by a purchasing group or any members of the purchasing group shall be: (1) Imposed at the same rate and subject to the same interest, fines, and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insurers; and (2) Paid first by that insurance source, and if not by that source, then by the producer for the purchasing group, and if not by that producer, then by the purchasing group, and if not by that purchasing group, then by each of its members. [L 1993, c 321, §4; am L 2002, c 155, §99]

 §431K-7.5 Purchasing group taxation. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this State by a purchasing group or any members of the purchasing group shall be:  (1) Imposed at the same rate and subject to the same interest, fines, and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insurers; and  (2) Paid first by that insurance source, and if not by that source, then by the producer for the purchasing group, and if not by that producer, then by the purchasing group, and if not by that purchasing group, then by each of its members. [L 1993, c 321, §4; am L 2002, c 155, §99]
HI Rev Stat § 431K-8 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-8 Restrictions on insurance purchased by purchasing groups.

  §431K-8 Restrictions on insurance purchased by purchasing groups. (a) A purchasing group located in this State may not purchase insurance from:  (1) A risk retention group that is not chartered in this State; or  (2) An insurer not authorized in this State, unless the purchase is made through a licensed producer acting pursuant to the surplus lines laws set forth in article 8 of chapter 431.  (b) The terms of any liability insurance policy obtained by a purchasing group shall not provide nor be construed to provide insurance coverage prohibited by chapter 431 or declared unlawful by the highest court of this State.  (c) A purchasing group which obtains liability insurance from an insurer not authorized in this State or a risk retention group shall inform each of the members of the group which have a risk resident or located in this State that the risk retention group or insurer may not be subject to any insurance laws of this State.  (d) No purchasing group may purchase insurance providing for a deductible or self-insured retention unless the deductible or self-insured retention shall be the sole responsibility of each individual member of the purchasing group. [L 1987, c 180, pt of §1; am L 1989, c 272, §7; am L 1998, c 76, §1; am L 2002, c 155, §100; am L 2006, c 154, §42]
HI Rev Stat § 431K-9 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-9 Administrative and procedural authority regarding risk retention groups and purchasing groups.

  §431K-9 Administrative and procedural authority regarding risk retention groups and purchasing groups. The commissioner is authorized to make use of any of the powers established under chapter 431 to enforce the laws of this State as long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, 15 U.S.C. §3901 et seq., as amended by the Risk Retention Amendments of 1986, P.L. 99-563. This includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the commissioner may rely on the procedural law and rules of this State. The injunctive authority of the commissioner in regard to risk retention groups shall be restricted by the requirement that any injunction be issued by a court of competent jurisdiction. All penalties collected under this section and section 431K-7.1 shall be deposited to the credit of the compliance resolution fund. [L 1987, c 180, pt of §1; am L 2015, c 63, §9]
HI Rev Stat § 431K-10 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-10 Penalties.

  §431K-10 Penalties. A risk retention group which violates any provision of this chapter shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license, the right to do business in this State, or both. All penalties collected pursuant to this section and section 431K-3.5 shall be deposited to the credit of the compliance resolution fund. [L 1987, c 180, pt of §1; am L 2015, c 63, §10]
HI Rev Stat § 431K-11 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-11 Duty of producer to obtain license and to keep records.

 §431K-11 Duty of producer to obtain license and to keep records. (a) Any person acting or offering to act as a producer for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the State, or otherwise does business in this State, before commencing any such activity shall obtain a license from the commissioner.  (b) Whenever a licensed insurance producer or surplus lines producer places business pursuant to subsection (a), the producer shall keep a complete and separate record of each policy procured from a risk retention group and for a purchasing group. The record shall be open to examination by the commissioner. For each policy and each kind of insurance provided in the policy, the record shall include the following:  (1) The limit of liability and peril insured;  (2) A brief description of the property insured and its location;  (3) The effective date of the contract and its terms;  (4) The time period covered by the contract;  (5) The gross premium charged;  (6) Any return premiums paid;  (7) The name and address of the risk retention group which issued the policy;  (8) The name and address of the insured; and  (9) Any additional information required by the commissioner. [L 1987, c 180, pt of §1; am L 1989, c 272, §8; am L 2001, c 216, §26]
HI Rev Stat § 431K-12 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-12 Binding effect of orders issued in United States District Court.

  §431K-12 Binding effect of orders issued in United States District Court. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state or in all states or in any territory or possession of the United States upon a finding that the group is in a hazardous financial condition shall be enforceable in the courts of this State. [L 1987, c 180, pt of §1]
HI Rev Stat § 431K-13 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431K. Risk Retention|431K-13 Rules.

  §431K-13 Rules. The commissioner may adopt rules under chapter 91, relating to risk retention groups as may be necessary or desirable to carry out this chapter. [L 1987, c 180, pt of §1]
HI Rev Stat § 431L-1 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431L. Medicaid-Related Mandates|431L-1 Insurers prohibited from taking medicaid status into account.

  §431L-1 Insurers prohibited from taking medicaid status into account. Any health insurer (including a self-insured plan, a group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a health service benefit plan, a mutual benefit society, a fraternal benefit society, a health maintenance organization, a managed care organization, a pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service) is prohibited, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, from taking into account that the individual is eligible for or is provided medical assistance under title 42 United States Code section 1396a (section 1902 of the Social Security Act) herein referred to as medicaid, for this State, or any other state. [L 1995, c 83, pt of §2; am L 2009, c 103, §3]
HI Rev Stat § 431L-2 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431L. Medicaid-Related Mandates|431L-2 State's right to third party payments.

  §431L-2 State's right to third party payments. To the extent that payment has been made under the state plan for medical assistance for health care items or services furnished to an individual in any case where another party has a legal liability to make payment for such assistance, the State is considered to have acquired the rights of the individual to payment by the other party for those health care items or services. [L 1995, c 83, pt of §2; am L 2009, c 103, §4]
HI Rev Stat § 431L-2.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431L. Medicaid-Related Mandates|431L-2.5 Insurer requirements.

  §431L-2.5 Insurer requirements. Any health insurer as identified in section 431L-1 shall:  (1) Provide upon the request of the State, information for all of its members to determine during what period the individual or the individual's spouse or dependents may be or may have been covered by a health insurer and the nature of the coverage that is or was provided by the health insurer, including the name, address, and identifying number of the plan in a manner prescribed by the State;  (2) Beginning in 2014, provide to an independent, third party entity, no more than quarterly, a report listing its members. The third party entity shall match this report with one provided by the department of human services and provide the department of human services with third party liability information for medical assistance recipients. The department of human services shall determine the minimum data required to ensure the validity of matches, which may include name, date of birth, and social security number, as available. The information provided by the health insurers to the third party entity shall not be used for any purpose other than that specified in this chapter. The department of human services shall provide for representation by private health insurers in evaluating the qualifications of potential third party entities and determining the minimum data fields for matching;   (3) Accept the State's right of recovery and the assignment to the State of any right of an individual or other entity to payment from the party for a health care item or service for which payment has been made for medical assistance under title 42 United States Code section 1396a (section 1902 of the Social Security Act);  (4) Respond to any inquiry by the State regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of the health care item or service; and  (5) Agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if:  (A) The claim is submitted by the State within the three-year period beginning on the date on which the health care item or service was furnished; and  (B) Any action by the State to enforce its rights with respect to the claim is commenced within six years of the State's submission of the claim. [L 2009, c 103, §2; am L 2012, c 95, §2]