reglab/housing_qa huggingface dataset:
HI Rev Stat § 432:1-301 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-301 Registration with commissioner: certificate of registration and certificate of authority.

  §432:1-301 Registration with commissioner: certificate of registration and certificate of authority. (a) Before doing business or engaging in any act, any mutual benefit society as defined in section 432:1-104 shall file with the commissioner:  (1) Copies of its constitution or organic instrument under which it purports to operate, the bylaws, and rules and regulations, if any;  (2) If a society promising or offering to pay death, sick, disability, or other benefits in an amount equal to or in excess of $25:  (A) Copies of all proposed forms of benefit certificates, applications, and circulars to be issued by the society; and  (B) A bond in the sum of $25,000 with sureties approved by the commissioner. The bond shall be conditioned upon the return of the advance payments referred to in section 432:1-304, if the organization is not completed within one year; and  (3) Any additional information as the commissioner may require.  (b) Except as provided in section 432:1-302, upon the filing of the information required by subsection (a), if it appears to the commissioner's satisfaction that the purposes of the society are lawful, not for profit, and for the benefit of its members, the commissioner shall issue a certificate of registration authorizing the society to solicit members as provided in section 432:1-303.  (c) Upon issuance of a certificate of registration pursuant to subsection (b), the society may apply for a certificate of authority. The applicant society shall provide to the commissioner:  (1) Evidence of compliance with the special deposit requirements of section 432:1-304; and  (2) A description of the procedures, approved by the society's administrative board or body in accordance with its constitution and bylaws, to be implemented to comply with the protection against insolvency requirements of section 432:1-407.  (d) The applicant society that satisfies the requirements of this chapter shall be issued a certificate of authority in accordance with part II of article 3 of chapter 431. Societies that are currently authorized to transact business in this State may continue to transact business until August 16, 2013. The authority of societies and all societies hereafter issued a certificate of authority may thereafter be extended in accordance with section 432:1-108.  The applicant society may appeal a denial of its application pursuant to chapter 91. [L 1987, c 347, pt of §2; am L 2004, c 122, §86; am L 2012, c 251, §4; am L 2015, c 63, §13; am L 2018, c 18, §29]
HI Rev Stat § 432:1-302 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-302 Commissioner refusal to authorize certificate or solicitation; appeal to circuit court.

  §432:1-302 Commissioner refusal to authorize certificate or solicitation; appeal to circuit court. (a) If the commissioner reasonably believes that the financial plan of the society is unsound or not feasible from an actuarial or other accounting standpoint, the commissioner shall refuse to issue a certificate, authorize the society to solicit members, or engage in business.  (b) Any person aggrieved by the decision of the commissioner refusing to issue the certificate, or to authorize the society to solicit members, or to engage in business, may within twenty days after the decision appeal to the circuit court of the circuit in which the society proposes to have its principal place of business. The procedure upon appeal shall be the same as in the case of other appeals to the circuit court in civil cases. The court shall hear the appeal without a jury. [L 1987, c 347, pt of §2]
HI Rev Stat § 432:1-304 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-304 Authority to offer death, sick, disability, or other benefits; special deposit and control of certain funds.

  §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 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 authority, the funds so deposited in trust, together with interest, if any, shall be released by the commissioner in favor of the society. [L 1987, c 347, pt of §2; am L 2004, c 122, §87; am L 2012, c 251, §6]
HI Rev Stat § 432:1-305 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-305 Authority to offer death, sick, disability, or other benefits; restrictions on use of funds.

  §432:1-305 Authority to offer death, sick, disability, or other benefits; restrictions on use of funds. (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 its management or operations.  (b) Any commissions or other payments or allowances to persons soliciting membership in or making collections for the society shall be included in the foregoing expenditures and no part of the commissions, payments or allowances may be in addition thereto; provided, that any society which exacts a membership fee of its new members not in excess of $10 for each membership may pay commissions or other payments to persons soliciting membership out of the fund created by the membership fees, and the amounts so paid as commissions or as such other payments out of such fund shall not be considered as expenses within the meaning of section 432:1-304 and section [432:1-305].  (c) Any association or society organized and operating solely as a nonprofit medical indemnity or hospital service association or society may use for such expenses, in addition to taxes, not more than thirty-five per cent of the payments received from its members or applicants in the form of admission fees, dues, contributions, or assessments of any nature. [L 1987, c 347, pt of §2; am L 2012, c 251, §7]
HI Rev Stat § 432:1-306 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-306 Authority to offer death, sick, disability, or other benefits; deposit or bond.

  §432:1-306 Authority to offer death, sick, disability, or other benefits; deposit or bond. (a) The society shall deposit with the commissioner fifty per cent of the minimum net worth requirement provided in section 432:1-407(a)(2), either in cash or in securities approved by the commissioner; provided that the deposit shall be no less than $1,000,000 and shall not exceed $20,000,000.  (b) In lieu of such deposit, the society shall file with the commissioner a good and sufficient bond in the amount prescribed in subsection (a), signed by the society as principal with one or more sureties to be approved by the commissioner and running to the commissioner and the commissioner's successors in office. The bond shall be conditioned that the surety or sureties on the bond shall be answerable in the amount of the bond for all judgments, decrees or orders given, made or rendered against the principal on the bond by any court of the State for payment of money. [L 1987, c 347, pt of §2; am L 2011, c 81, §11]
HI Rev Stat § 432:1-307 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-307 REPEALED.

  §432:1-307 REPEALED. L 2012, c 251, §15.
HI Rev Stat § 432:1-401 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-401 REPEALED.

  §432:1-401 REPEALED. L 2011, c 81, §12.
HI Rev Stat § 432:1-402 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-402 Investments of certain mutual benefit societies.

  §432:1-402 Investments of certain mutual benefit societies. No domestic mutual benefit society promising or offering to pay death, sick, disability, or other benefits in an amount equal to or in excess of $25 shall invest any of its assets other than as authorized and provided for in respect to domestic insurance companies and societies under the provisions of article 6 of the insurance code, which provisions are hereby extended to and made applicable to the mutual benefit societies. [L 1987, c 347, pt of §2]
HI Rev Stat § 432:1-403 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-403 Nonprofit medical, hospital indemnity associations; tax exemption.

  §432:1-403 Nonprofit medical, hospital indemnity associations; tax exemption. Every association or society organized and operating under this article solely as a nonprofit medical indemnity or hospital service association or society or both shall be, from the time of such organization, exempt from every state, county and municipal tax, except unemployment compensation tax. Nothing in this section shall be deemed to exempt the association or society from liability to withhold the taxes payable by its employees and to pay the same to the proper collection officers, and to keep such records, and make such returns and reports, as may be required in the case of other corporations, associations or societies similarly exempted from such taxes. [L 1987, c 347, pt of §2]
HI Rev Stat § 432:1-404 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-404 Annual exhibits.

  §432:1-404 Annual exhibits. (a) Each society shall file with the commissioner annually, on or before March 1 in each year, a statement under oath, and in such form and detail as the commissioner shall prescribe; provided that any association or society organized and operating as a nonprofit medical indemnity or hospital service association shall file a report with the commissioner covering the preceding calendar year and verified by at least two principal officers. Each mutual benefit society shall file quarterly with the commissioner, on or before the forty-fifth day after each quarter, a copy of its quarterly report verified by at least two principal officers. The report shall comply with sections 431:3-301 and 431:3-302. The commissioner may prescribe the forms on which the report is to be filed.  In addition, any association or society organized and operating as a nonprofit medical indemnity or hospital service association annually shall file with the commissioner the following by the dates specified:  (1) An audit, by an independent certified public accountant or an accounting firm designated by the association or society, of the financial statements, reporting the financial condition and results of operations of the association or society on or before June 1, or a later date as the commissioner upon request or for cause may specify. The association or society, on an annual basis and prior to the commencement of the audit, shall notify the commissioner in writing of the name and address of the person or firm retained to conduct the annual audit. The commissioner may disapprove the association's or society's designation within fifteen days of receipt of the association's or society's notice, and the association or society shall be required to designate another independent certified public accountant or accounting firm. The audit required by this paragraph shall be prepared in accordance with the National Association of Insurance Commissioners' accounting practices and procedures manual and rules adopted by the commissioner following the practices and procedures prescribed by the National Association of Insurance Commissioners; and  (2) A description of the available grievance procedures, the total number of grievances handled through those procedures, a compilation of the causes underlying those grievances, and a summary of the final disposition of those grievances on or before March 1.  (b) Labor union mutual benefit societies shall file annually a copy of the report filed under Public Law 85-836 and a complete financial report prepared by a certified public accountant. [L 1987, c 347, pt of §2; am L 2000, c 74, §3; am L 2003, c 212, §121; am L 2010, c 116, §2]
HI Rev Stat § 432:1-405 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-405 Annual audit.

  §432:1-405 Annual audit. (a) Annually on or before June 1, or such later date as the commissioner upon request or for cause may specify, each domestic mutual benefit society shall file an audit by a designated independent certified public accountant or accounting firm of the financial statements reporting the financial condition and the results of operations of the mutual benefit society. The audited financial statement may use either generally accepted accounting principles (GAAP) or statutory accounting principles (SAP). If the generally accepted accounting principles method is used, a reconciliation of the financial statement to the statutory accounting principles must be provided to the commissioner. The mutual benefit society, on an annual basis and prior to the commencement of the audit, shall notify the commissioner in writing of the name and address of the person or firm retained to conduct the annual audit. The commissioner may disapprove the mutual benefit society's designation within fifteen days of receipt of the mutual benefit society's notice, and the mutual benefit society shall be required to designate another independent certified public accountant or accounting firm.  (b) The commissioner may suspend or revoke the certificate of authority of any mutual benefit society that fails to file any of the documents required in subsection (a). In lieu of or in addition to suspension or revocation of the certificate of authority of any mutual benefit society, the commissioner may impose on the mutual benefit society a penalty in the amount of not less than $100 and not more than $500 for each day of delinquency. [L 1995, c 110, §1; am L 2012, c 251, §8]
HI Rev Stat § 432:1-406 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-406 Definitions.

  §432:1-406 Definitions. As used in this article:  "Health care expenditures" means claims incurred.  "Managed hospital payment basis" means agreements wherein the financial risk is primarily related to the degree of utilization rather than to the cost of services.  "Member" means an individual who is covered by a mutual benefit society.  "Net worth" means the excess of total admitted assets over total liabilities, but the liabilities shall not include fully subordinated debt.  "Operating expenses" means claims adjustment, administrative, soliciting, and reinsurance allowances.  "Society" means mutual benefit society.  "Uncovered expenditures" means the costs to the mutual benefit society for health care services that are the obligation of the mutual benefit society, for which a member may be liable in the event of the mutual benefit society's insolvency, and for which no alternative arrangements have been made that are acceptable to the commissioner. Uncovered expenditures include but are not limited to out-of-area services, referral services, and hospital services. Uncovered expenditures do not include expenditures for services when a provider has agreed not to bill the member even though the provider is not paid by the mutual benefit society, or for services that are guaranteed, insured, or assumed by a person or organization other than a mutual benefit society. [L 1997, c 367, pt of §1; am L 2014, c 186, §13]
HI Rev Stat § 432:1-408 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-408 Uncovered expenditures insolvency deposit.

  §432:1-408  Uncovered expenditures insolvency deposit. (a) If, at any time, uncovered expenditures exceeds ten per cent of total health care expenditures, a mutual benefit society shall place with the commissioner or with any organization or trustee acceptable to the commissioner through which a custodial or controlled account is maintained, an uncovered expenditures insolvency deposit consisting of cash or securities that are acceptable to the commissioner. The deposit shall have, at all times, a fair market value in an amount of one hundred twenty per cent of the society's outstanding liability for uncovered expenditures for members in this State, including incurred but not reported claims, and shall be calculated as of the first day of the month and maintained for the remainder of the month. If a society is not otherwise required to file a quarterly report, it shall file a report within forty-five days of the end of the calendar quarter with information sufficient to demonstrate compliance with this section.  (b) The deposit required under this section is in addition to the deposit required under section 432:1-407 and is an admitted asset of the mutual benefit society in the determination of net worth. All income from the deposits or trust accounts shall be assets of the society and may be withdrawn from the deposit or account quarterly with the approval of the commissioner.  (c) A mutual benefit society that has made a deposit may withdraw that deposit or any part of the deposit if:  (1) A substitute deposit of cash or securities of equal amount and value is made;  (2) The fair market value exceeds the amount of the required deposit; or  (3) The required deposit under subsection (a) is reduced or eliminated. Deposits, substitutions, or withdrawals may be made with the prior written approval of the commissioner.  (d) The deposit under this section shall be held in trust and may be used only as provided in this section. The commissioner may use the deposit of an insolvent mutual benefit society for administrative costs associated with administering the deposit and payment of claims of members of this State for uncovered expenditures in this State. Claims for uncovered expenditures shall be paid on a pro rata basis based on assets available to pay such ultimate liability for incurred expenditures. Partial distribution may be made pending final distribution. Any amount of the deposit remaining shall be paid into the liquidation or receivership of the society.  (e) The commissioner may prescribe by rule the time, manner, and form for filing claims under subsection (d).  (f) The commissioner may require by rule or order mutual benefit societies to file annual, quarterly, or more frequent reports as the commissioner deems necessary to demonstrate compliance with this section. The commissioner may require that the reports include liability for uncovered expenditures as well as an audit option. [L 1997, c 367, pt of §1]
HI Rev Stat § 432:1-409 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-409 Rehabilitation, liquidation, or conservation of mutual benefit societies.

  §432:1-409 Rehabilitation, liquidation, or conservation of mutual benefit societies. (a) Any rehabilitation, liquidation, or conservation of a mutual benefit society shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply for an order directing the commissioner to rehabilitate, liquidate, or conserve a mutual benefit society upon any one or more grounds set out in article 15 of chapter 431, or, when in the commissioner's opinion, the continued operation of the society would be hazardous either to the members or to the general public. Members shall have the same priority in the event of liquidation or rehabilitation as the law provides to policyholders of an insurer.  (b) For purposes of determining the priority of distribution of general assets, claims of members and members' beneficiaries shall have the same priority as established by article 15 of chapter 431 for policyholders and beneficiaries of insureds of insurance companies. If a member is liable to any provider for services provided pursuant to and covered by the health care plan, that liability shall have the status of a member claim for distribution of general assets. Any provider who is obligated by statute or agreement to hold members harmless from liability for services provided pursuant to and covered by a health care plan shall have a priority of distribution of the general assets immediately following that of members and members' beneficiaries as described in this subsection, and immediately preceding the priority of distribution described in article 15 of chapter 431. [L 1997, c 367, pt of §1]
HI Rev Stat § 432:1-410 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-410 Reserve credit for reinsurance.

  §432:1-410 Reserve credit for reinsurance. Any society that takes credit for reserves on risks ceded to a reinsurer shall be subject to provisions of chapter 431 related to credit for reinsurance. [L 2000, c 74, §1]
HI Rev Stat § 432:1-501 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|432. Benefit Societies|432:1-501 Examination by commissioner, assistance of other officers.

  §432:1-501 Examination by commissioner, assistance of other officers. (a) The powers, authorities, and duties relating to examinations vested in and imposed upon the commissioner under article 2 of the insurance code are extended to and imposed upon the commissioner in respect to examinations of mutual benefit societies.  (b) The commissioner in the exercise of any of the commissioner's functions, powers and duties under this article, may use the staff or any members of the staff of the commissioner of financial institutions and may appoint and constitute them as agents for such purpose. [L 1987, c 347, pt of §2; am L 1993, c 350, §19]