reglab/housing_qa huggingface dataset:
HI Rev Stat § 435E-3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-3 Rules.

  §435E-3 Rules. The commissioner may adopt, amend, and repeal rules necessary to implement this chapter, subject to chapter 91. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
HI Rev Stat § 435E-11 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-11 Trust agreement, required.

  §435E-11 Trust agreement, required. (a) Each participating member shall enter into and, concurrently therewith, receive an executed copy of a trust agreement, which shall govern the collection and disposition of all funds of the interindemnity arrangement.  (b) The trust agreement shall, as a minimum, provide for meeting all requirements of this part. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-12 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-12 Trust corpus, contributions.

  §435E-12 Trust corpus, contributions. There shall be an initial trust corpus of not less than $3,000,000 which corpus shall be a trust fund to secure enforcement of the interindemnity arrangement. The average initial contribution to such corpus shall be not less than $20,000 per member participating in the interindemnity arrangement. No such interindemnity arrangement shall become operative until the requisite minimum reserve trust fund has been established by such participating members. The commissioner shall have the power to investigate and verify the amounts specified by law. [L 1977, c 182, pt of §1; am L 1979, c 207, §1; am L 1982, c 203, §16]
HI Rev Stat § 435E-13 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-13 Board of trustees.

  §435E-13 Board of trustees. The reserve trust fund created by such trust agreement shall be administered by a board of trustees of three or more members, all of whom shall be physicians and surgeons, participating members in the interindemnity arrangement, and elected biennially or more frequently by at least a majority of all members participating in the interindemnity arrangement. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-14 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-14 Board of trustees, custodian.

  §435E-14 Board of trustees, custodian. The board of trustees shall be the custodian of all funds of the interindemnity arrangement, and all such funds shall be deposited in such bank or banks and savings and loan associations in Hawaii as the board designates, and each such account shall require two or more signatories for withdrawal of funds. The authorized signatories shall be appointed by the board and shall be limited to physicians and surgeons and participating members in the interindemnity arrangement. Each signatory on such accounts shall maintain, at all times while empowered to draw on such funds, for the benefit of the interindemnity arrangement, a bond against loss suffered through embezzlement, mysterious disappearance, holdup, or burglary or other loss issued by a bonding company licensed to do business in Hawaii in a penal sum of not less than $100,000. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-15 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-15 Funds, investment.

  §435E-15 Funds, investment. All funds held in trust which are in excess of current financial needs shall be invested and reinvested from time to time, under the direction of the board of trustees, in a manner consistent with the requirements of article 8 of chapter 412, or in certificates of deposits or time deposits issued by banks, savings banks, savings and loan associations and depository financial services loan companies in Hawaii duly insured by instrumentalities of the United States government. [L 1977, c 182, pt of §1; am L 1993, c 350, §21]
HI Rev Stat § 435E-16 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-16 Payments.

  §435E-16 Payments. The income earned on the corpus of the trust fund shall be the source for the payment of the claims, costs, judgments, settlements, and costs of administration contemplated by such interindemnity arrangement, and to the extent such income is insufficient for such purposes, the board of trustees shall have the power and authority to assess participating members for all amounts necessary to meet the obligations of such interindemnity arrangement in accordance with the terms thereof and any such assessment levied against a member shall be the personal obligation of such member. Any person who obtains a final judgment of recovery for medical malpractice against a member of such interindemnity arrangement shall have, in addition to any other remedy, the right to assert directly all rights to indemnification which the judgment debtor has under the interindemnity arrangement. Such final judgment shall be a lien on the reserve trust fund to secure payment of such judgment, limited to the extent of the judgment debtor's rights to indemnification. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-17 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-17 Minimum indemnity level.

  §435E-17 Minimum indemnity level. Each participating member shall be covered by such interindemnity arrangement for not less than $100,000 for each claim and not less than $300,000 annual aggregate of professional negligence, with the terms and conditions of such coverage to be specified in the trust agreement. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-18 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-18 Withdrawal of corpus.

  §435E-18 Withdrawal of corpus. Withdrawal of all, or any portion of, the corpus of the reserve trust fund shall be upon the written authorization signed by at least two-thirds of the members of the board of trustees. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-19 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-19 Annual reports; disclosure.

  §435E-19 Annual reports; disclosure. The board of trustees shall furnish the following to each member participating in such interindemnity arrangement, and shall file a copy with the commissioner:  (1) Within one hundred twenty days after the end of each fiscal year a statement of the assets and liabilities of the interindemnity arrangement as of the end of such year, a statement of the revenue and expenditures of the interindemnity arrangement, and a statement of the changes in corpus of the reserve trust for such year, in each case accompanied by a certificate signed by a firm of independent certified public accountants selected by the board of trustees indicating that such firm has conducted an audit of such statements in accordance with generally accepted auditing standards and indicating the results of such audit.  (2) Within forty-five days after the end of each of the first three quarterly periods of each fiscal year a statement of the assets and liabilities of the interindemnity arrangement as of the end of such quarterly period, a statement of the revenue and expenditures of the interindemnity arrangement and a statement of the changes in corpus of the reserve trust for such period, in each case accompanied by a certificate signed by a majority of the members of the board of trustees to the effect that such statements were prepared from the official books and records of the interindemnity arrangement. In addition to the statements required to be filed pursuant to this section, the board of trustees shall annually file with the commissioner an authorization for disclosure of all financial records pertaining to the interindemnity arrangement. For the purpose of this paragraph, the authorization for disclosure shall also include the financial records of any association, partnership, or corporation that has management or control of the funds or the operation of the interindemnity arrangement. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
HI Rev Stat § 435E-20 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-20 Death of member.

  §435E-20 Death of member. In the event a participating member who is in full compliance with the trust agreement dies, the initial contribution made by the decedent shall be returned to the member's estate or designated beneficiary; the indemnity coverage shall continue for the benefit of the decedent's estate in respect of occurrences during the time the decedent was a participating member; and neither the person receiving the repayment of the initial contribution nor the decedent's estate shall be responsible for any assessments levied following the death of the member. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-21 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-21 Retirement of member.

  §435E-21 Retirement of member. A participating member who is then in full compliance with the trust agreement and who has reached the age of sixty-five and who has retired completely from the practice of medicine may elect to retire from the interindemnity arrangement, in which case the member shall not be responsible for assessments levied following the date notice of retirement is given to the trust. Following retirement, the indemnity coverage shall continue for the benefit of the member in respect of occurrences prior to the time the member retired from the interindemnity arrangement. The retired member's initial contribution shall be repaid ten years from the date the notice of retirement is received by the trust, or such earlier date as specified in the trust agreement. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-22 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-22 Disability of member.

  §435E-22 Disability of member. During any period in which a participating member, who is then in full compliance with the trust agreement, has, in the judgment of the board of trustees, become unable to perform any and every duty of his or her regular professional occupation, the indemnity coverage shall continue for the benefit of such member and such member shall not be responsible for assessments levied during such period. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-23 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-23 Member failure to pay.

  §435E-23 Member failure to pay. In the event a participating member fails to pay any assessment when the same is due, the board of trustees may terminate such person's membership status if such failure to pay is not cured within thirty days from the date the assessment was due. Upon termination the former participating member shall not be entitled to the return of all or any part of his or her initial contribution, and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of ten days following such termination. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-24 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-24 Noncomplying member.

  §435E-24 Noncomplying member. In the event a participating member fails to comply with any provision of the trust agreement (other than a failure to pay assessments when due), the board of trustees may terminate the person's membership status if such failure to comply is not cured within sixty days from the date the person is notified of the failure; provided that before such membership status may be terminated such person shall be given the right to call for a hearing before the board of trustees (to be held before the expiration of such sixty-day period), at which hearing such person shall be given the opportunity to demonstrate to the board of trustees that no failure to comply has occurred; or, if it has occurred, that it has been cured. Upon termination, the former participating member shall not be entitled to the return of all or any part of his or her initial contribution, and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of ten days following such termination. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-25 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-25 Voluntary termination of a member.

  §435E-25 Voluntary termination of a member. A participating member who is then in full compliance with the trust agreement may elect voluntarily to terminate the participating member's membership in the interindemnity arrangement. Upon voluntary termination, the person may further elect to cease being responsible for future assessments, or to continue to pay the assessments until the person's initial contribution is repaid. If the person elects to cease being responsible for future assessments, the indemnity coverage shall thereupon terminate and the person shall either be responsible for the person's own exposure for acts committed while a participating member in the interindemnity arrangement, or the person may request the interindemnity arrangement to purchase or provide, at the cost of the person, coverage for the person's exposure. The initial contribution of the person shall be repaid on the tenth anniversary of the date the contribution was made. If the person elects to continue to be responsible for assessments, the indemnity coverage shall continue in respect of occurrences prior to the date of the voluntary termination, and the initial contribution of the person shall be repaid when the board of trustees is satisfied that:  (1) There are no claims pending against the person in respect of occurrences during the time the person was a participating member; and  (2) The statute of limitations has run on all claims that might be asserted against the person in respect of occurrences during that time. In no event shall repayment be made earlier than the tenth anniversary of the date the contribution was made. [L 1977, c 182, pt of §1; am L 2018, c 18, §30]
HI Rev Stat § 435E-26 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-26 Involuntary termination of a member.

  §435E-26 Involuntary termination of a member. The board of trustees shall have the right to terminate the membership of a participating member where the board of trustees determines that such termination is in the best interests of the interindemnity arrangement even though such person has complied with all of the provisions of the trust agreement. Such a termination may be effected only if at least two-thirds of the members of the board of trustees indicate in writing their decision so to terminate. If the board of trustees proposes to terminate a member, the member shall have the right to call a special meeting of all participating members for the purpose of voting on whether or not the member shall be so terminated. The member shall not be terminated if at least two-thirds of the participating members present indicate that the member should not be terminated. In the event a member is terminated, the person may elect either:  (1) To request the return of his or her initial contribution, in which case the same shall be repaid and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of thirty days to enable such person to assume his or her own defense; or  (2) To release all rights to the return of the initial contribution, in which case the indemnity coverage shall continue for the benefit of the member in respect of occurrences during the time the person was a participating member and the person shall have no responsibility for assessments levied following such termination. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-27 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-27 Rights of members.

  §435E-27 Rights of members. Each member participating in an interindemnity arrangement shall have the right of access to, and the inspection of, the books and records of the interindemnity arrangement, subject to reasonable regulation by the board of trustees. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-28 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-28 Meeting of members.

  §435E-28 Meeting of members. There shall be a meeting of all members participating in the interindemnity arrangement, at least annually, after not less than ten days' written notice has been given, at a location reasonably convenient to the participating members and on a date which is within a reasonable period of time following the distribution of the annual financial statements. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-29 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-29 Termination.

  §435E-29 Termination. The interindemnity arrangement, and the reserve trust fund incident thereto, shall be subject to termination at any time by the vote or written consent of not less than three-fourths of the participating members. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-31 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-31 Annual report, certificate of transmittal.

  §435E-31 Annual report, certificate of transmittal. The board of trustees shall cause to be recorded with the commissioner within one hundred twenty days following the end of each fiscal year, a written statement, executed by a majority of the board of trustees under penalty of perjury, reciting that each member participating in the interindemnity arrangement was mailed a copy of the annual financial statement and quarterly audit certificates by first-class mail, postage prepaid, required by section 435E-19. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
HI Rev Stat § 435E-33 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-33 Compensation.

  §435E-33 Compensation. No person shall receive, or be entitled to receive any payment, bonus, salary, income, compensation, or other benefit whatsoever, either from the reserve trust fund or the income therefrom or from any other funds of the interindemnity arrangement or the members thereof based on the number of participating members, or the amount of the reserve trust fund or other funds of the interindemnity arrangement. [L 1977, c 182, pt of §1]
HI Rev Stat § 435E-34 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-34 Peer review.

  §435E-34 Peer review. (a) A peer review committee or committees shall be established by the trust agreement to review the qualifications of any physician and surgeon to participate or continue to participate in the interindemnity arrangement, and to review the quality of medical services rendered by any participating member, as well as the validity of medical malpractice claims made against participating members.  (b) Any physician and surgeon, prior to becoming a participating member of the interindemnity arrangement, shall be reviewed and approved by a majority of the members of the peer review committee.  (c) No peer review committee, or any of its members, shall be liable for any action taken by the committee in reviewing the qualifications of a physician and surgeon to participate or continue to participate, or the quality of medical services rendered, or the validity of a medical malpractice claim, unless it is alleged and proved that such action was taken with actual malice. [L 1977, c 182, pt of §1] Cross References  Chiropractic peer review, see §663-1.8.  Health care peer review, see chapter 671D.  Professional society peer review, see §663-1.7.
HI Rev Stat § 435E-42 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-42 Enforcement.

  §435E-42 Enforcement. Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of this chapter, the commissioner may in the commissioner's discretion bring an appropriate action in any circuit court of the State to enjoin the acts or practices or to otherwise enforce this chapter. Upon a proper showing a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the commissioner to post a bond. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
HI Rev Stat § 435E-43 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-43 Investigation, publication.

  §435E-43 Investigation, publication. The commissioner, in the commissioner's discretion, may:  (1) Make public or private investigations within or outside of this State as the commissioner deems necessary to determine whether any person has violated or is about to violate this chapter, or to aid in the enforcement of this chapter; and  (2) Publish information concerning the violation of this chapter. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985; am L 2018, c 18, §31]
HI Rev Stat § 435E-44 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-44 Hearing, subpoena.

  §435E-44 Hearing, subpoena. For the purpose of any investigation or proceeding, the commissioner or any person designated by the commissioner may hold hearings subject to chapter 91. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
HI Rev Stat § 435E-45 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|435E. Physicians and Surgeons Cooperative Indemnity|435E-45 Refusal to comply.

  §435E-45 Refusal to comply. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court, upon application by the commissioner, may issue to the person an order requiring the person to appear before the commissioner or the officer designated by the commissioner, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court shall be punished by the court as a contempt. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]