reglab/housing_qa huggingface dataset:
HI Rev Stat § 386-154.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-154.5 Special assessments.

  §386-154.5 Special assessments. (a) For the calendar year 1972 only, insurers of employers as defined in section 386-121(a)(1) shall pay a special assessment of one and one-quarter per cent on gross premiums as defined in section 431:7-202(a) and in accordance with the provisions of section 386-153. For the calendar year 1973 only, such insurers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.  (b) For the calendar year 1972 only, employers not insured under section 386-121(a)(1) shall pay a special assessment equal to 1.67 times the special charge as defined and in accordance with the provisions of section 386-154. For the calendar year 1973 only, such employers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.  (c) The assessments under this section shall be paid within thirty days from the receipt of notification by the department of commerce and consumer affairs. [L 1972, c 42, §5; am L 1973, c 183, §5; am L 1982, c 204, §8; am L 1993, c 6, §15]
HI Rev Stat § 386-155 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-155 Expenses.

  §386-155 Expenses. All litigation expenses, including but not limited to court costs, attorneys' fees, and witness fees incurred by the director in preparation, prosecution, or defense of any action brought on behalf of or against the special compensation fund shall be paid from the fund. Administrative expenses for the protection and preservation of the special compensation fund shall also be paid from the fund. [L 1969, c 21, §1; am L 2000, c 103, §1]
HI Rev Stat § 386-161 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-161 Who entitled to compensation.

  §386-161 Who entitled to compensation. If a member of the Hawaii national guard or Hawaii state defense force suffers a personal injury arising out of and in the performance of the member's duty therein, compensation shall be paid to the member or the member's dependents by the State for such injury in the manner and in the amounts provided for in this chapter; provided that if in any case arising after May 10, 1951, any such member or the member's dependents receive compensation from the federal government by reason of such injury, the amount of the compensation shall be deducted from the amount which may thereafter become due from the State. [L 1963, c 116, pt of §1; Supp, §97-150; HRS §386-161; gen ch 1985; am L 1988, c 135, §1] Case Notes  Does not exclude members of the Hawaii National Guard from receiving benefits under state workers' compensation because the members were on federal active duty. 72 H. 157, 809 P.2d 1136 (1991).
HI Rev Stat § 386-162 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-162 Terms defined.

  §386-162 Terms defined. "Personal injury", "compensation", and "dependents" within the meaning of section 386-161 has the same meaning as is given to these terms in sections 386-1 and 386-42. [L 1963, c 116, pt of §1; Supp, §97-151; HRS §386-162]
HI Rev Stat § 386-163 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-163 Administration.

  §386-163 Administration. This part shall be administered by the director of labor and industrial relations. The director may promulgate such additional rules and regulations relative thereto as the director deems necessary or convenient for carrying out the purposes of this part. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided in this chapter, except that notice of injury shall be given to the commanding officer of the unit to which the injured person is attached and the commanding officer shall in turn report the same to the division. [L 1963, c 116, pt of §1; Supp, §97-152; HRS §386-163; gen ch 1985]
HI Rev Stat § 386-164 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-164 Appropriation.

  §386-164 Appropriation. So much of the state insurance fund as may be necessary is hereby appropriated for the purpose of section 386-161 and for the purpose of paying compensation awarded under Act 131 of the Session Laws of Hawaii 1943, Act 160 of the Session Laws of Hawaii 1945, and Act 169 of the Session Laws of Hawaii 1947. [L 1963, c 116, pt of §1; Supp, §97-153; HRS §386-164]
HI Rev Stat § 386-171 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-171 Volunteer personnel, medical, etc., expenses.

  §386-171 Volunteer personnel, medical, etc., expenses. Any person who is injured in performing service for the State or any county in any voluntary or unpaid capacity under the authorized direction of a public officer or employee, and who has not secured payment of the person's hospital and medical expenses from the State or the county under any other provision of law and has not secured payment thereof from any third person, shall be paid the person's reasonable hospital and medical expenses under this chapter. [L 1963, c 116, pt of §1; Supp, §97-160; HRS §386-171; gen ch 1985] Attorney General Opinions  State or county's liability for volunteer's medical expenses where all or part paid by third person. Att. Gen. Op. 86-6.
HI Rev Stat § 386-172 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-172 Administration and procedure.

  §386-172 Administration and procedure. Section 386-171 shall be administered by the director of labor and industrial relations. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided under this chapter. Notice of injury shall be given to the head of the department for which the injured person is performing service, and the department head shall report the injury to the director. The director may make such rules and regulations as the director may deem necessary or convenient for carrying out section 386-171. [L 1963, c 116, pt of §1; Supp, §97-161; HRS §386-172; gen ch 1985] Cross References  Rulemaking, see chapter 91.
HI Rev Stat § 386-173 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-173 Time for giving notice, etc.

  §386-173 Time for giving notice, etc. Any time fixed for giving of notice of injury or for any other substantive purpose as to any injuries within the purview of section 386-171 which may have occurred prior to May 25, 1945, but subsequent to December 7, 1941, shall be construed to run from May 25, 1945. [L 1963, c 116, pt of §1; Supp, §97-162; HRS §386-173]
HI Rev Stat § 386-174 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-174 Appropriation.

  §386-174 Appropriation. So much of the state insurance fund as may be necessary is hereby appropriated and shall, with the approval of the governor, be expended to pay claims found to be due under section 386-171 for services performed under the authorized direction of a public officer or employee. [L 1963, c 116, pt of §1; Supp, §97-163; HRS §386-174]
HI Rev Stat § 386-191 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-191 Scope.

  §386-191 Scope. This part shall apply to workers' compensation self-insurance groups. This part shall not apply to public employees or governmental entities. Groups which are issued a certificate of approval by the insurance commissioner shall not be deemed to be insurers or insurance companies and shall not be subject to the provisions of the insurance laws and rules, except as otherwise provided in this part. [L 1986, c 304, pt of §1] Cross References  Insurer's requirements; failure to maintain claims service office; penalty; injunctions, see §386-124.5.
HI Rev Stat § 386-192 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-192 Definitions.

  §386-192 Definitions. For the purpose of this part:  "Administrator" means an individual, partnership, or corporation engaged by a workers' compensation self-insurance group's board of trustees to carry out the policies established by the group's board of trustees and to provide day-to-day management of the group.  "Insolvent" or "insolvency" means the inability of a workers' compensation self-insurance group to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it.  "Net premium" means premium derived from standard premium adjusted by any advance premium discounts.  "Service company" means a person or entity which provides services which are not provided by the administrator. The services which may be provided by a service company include but are not limited to:  (1) Claims adjustment;  (2) Safety engineering;  (3) Compilation of statistics and the preparation of premium, loss, and tax reports;  (4) Preparation of other required self-insurance reports;  (5) Development of members' assessments and fees; and  (6) Administration of a claims fund account.  "Standard premium" means the premium derived from the manual rates adjusted by experience modification factors but before advance premium discounts.  "Workers' compensation self-insurance group" or "group" means a not-for-profit unincorporated association consisting of five or more employers who:  (1) Are engaged in the same or similar type of business;  (2) Are members of the same bona fide trade or professional association which has been in existence for not less than five years; and  (3) Enter into agreements to pool their liabilities for workers' compensation benefits in this State. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-193 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-193 Authority to act as workers' compensation self-insurance group.

  §386-193 Authority to act as workers' compensation self-insurance group. No person, association, or other entity shall act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by the insurance commissioner. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-195 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-195 Certificate of approval; termination.

  §386-195 Certificate of approval; termination. (a) The certificate of approval issued by the insurance commissioner to a workers' compensation self-insurance group authorizes the group to provide workers' compensation benefits. The certificate of approval shall remain in effect until terminated at the request of the group or revoked by the insurance commissioner pursuant to section 386-211.  (b) The insurance commissioner shall not grant the request of any group to terminate its certificate of approval unless the group has insured or reinsured all incurred workers' compensation obligations with an authorized insurer under an agreement filed with and approved in writing by the insurance commissioner. The obligations shall include both known claims and expenses associated therewith and claims incurred, but not reported, and expenses associated therewith.  (c) Subject to the approval of the insurance commissioner, a group may merge with another group engaged in the same or similar type of business only if the resulting group assumes in full all obligations of the merging groups. The insurance commissioner may hold a hearing on the merger and shall do so if any party, including a member of either group, so requests. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-196 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-196 Examinations.

  §386-196 Examinations. The insurance commissioner may examine the affairs, transactions, accounts, records, and assets and liabilities of each group as often as the insurance commissioner deems advisable. The expense of examinations shall be assessed against the group in the same manner that insurers are assessed for examinations. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-197 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-197 Board of trustees; membership, powers, duties, and prohibitions.

  §386-197 Board of trustees; membership, powers, duties, and prohibitions. Each group shall be operated by a board of trustees, which shall consist of not less than five persons whom the members of a group elect for stated terms of office. At least two-thirds of the trustees shall be employees, officers, or directors of members of the group. The group's administrator, service company, or any owner, officer, employee of, or any other person affiliated with, the administrator or service company shall not serve on the board of trustees of the group. All trustees shall be residents of this State or officers of corporations authorized to do business in this State. The board of trustees of each group shall ensure that all claims are paid promptly and take all necessary precautions to safeguard the assets of the group, including all of the following:  (1) The board of trustees shall:  (A) Maintain responsibility for moneys collected or disbursed from the group and segregate all moneys into a claims fund account and an administrative fund account. At least seventy per cent of the net premium shall be placed into a designated depository for the sole purpose of paying claims, allocated claims expenses, reinsurance or excess insurance, and special compensation fund assessments. This account shall be called the claims fund account. The remaining net premium shall be placed in a designated depository for the payment of taxes, general regulatory fees and assessments, and administrative costs. This account shall be called the administrative fund account. The commissioner may approve an administrative fund account of more than thirty per cent and a claims fund account of less than seventy per cent only if the group shows to the insurance commissioner's satisfaction that more than thirty per cent is needed for an effective safety and loss control program or that the group's aggregate excess insurance attaches at less than seventy per cent;  (B) Maintain minutes of its meetings and make the minutes available to the insurance commissioner;  (C) Retain an independent certified public accountant to prepare the statement of financial condition required by section 386-201(a); and  (D) Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.  (2) The board of trustees shall not:  (A) Extend credit to a member for payment of a premium, except pursuant to payment plans approved by the insurance commissioner; and  (B) Borrow moneys from the group or in the name of the group, except in the ordinary course of business, without first advising the insurance commissioner of the nature and purpose of the loan and obtaining prior approval from the insurance commissioner. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-198 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-198 Group membership; termination, liability.

  §386-198 Group membership; termination, liability. (a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for membership to the board of trustees or its administrator and enter into the indemnity agreement required by section 386-194(b). Membership shall take effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees.  (b) Each member of a group shall be subject to cancellation by the group pursuant to the bylaws of the group. In addition, each member may elect to terminate participation in the group. The group shall notify the insurance commissioner and department of labor and industrial relations of the termination or cancellation of a member within ten days. The group shall maintain coverage of each canceled or terminated member for thirty days after the notice, at the terminating member's expense, unless the group is notified sooner by the department that the canceled or terminated member has procured workers' compensation insurance, has become an approved self-insurer, or has become a member of another group.  (c) The group shall pay all workers' compensation benefits for which each member incurs liability during the member's period of membership. A member who elects to terminate its membership or is canceled by a group remains jointly and severally liable for workers' compensation obligations of the group and its members which were incurred during the canceled or terminated member's period of membership.  (d) A group member is not relieved of its workers' compensation liabilities incurred during its period of membership, except through payment by the group or the member of required workers' compensation benefits.  (e) The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation benefits incurred during the insolvent or bankrupt member's period of membership. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-199 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-199 Service companies.

  §386-199 Service companies. (a) No service company or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, an administrator. No administrator or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, a service company.  (b) The service contract shall state that unless the insurance commissioner permits otherwise the service company shall handle all claims and other obligations incurred during the contract period to their conclusion. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-200 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-200 Licensing of producer

  §386-200 Licensing of producer. Except for a salaried employee of a group, its administrator, or its service company, any person soliciting membership in a workers' compensation self-insurance group shall be licensed as a producer under chapter 431:9A. [L 1986, c 304, pt of §1; am L 2003, c 212, §5]
HI Rev Stat § 386-201 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-201 Financial statements and other reports.

  §386-201 Financial statements and other reports. (a) Each group shall submit to the insurance commissioner a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month following the end of the group's fiscal year. The financial statement shall be on a form prescribed by the insurance commissioner and shall include, but not be limited to, actuarially appropriate reserves for:  (1) Known claims and expenses associated therewith;  (2) Claims incurred but not reported and expenses associated therewith;  (3) Unearned premiums; and  (4) Bad debts, reserves for which shall be shown as liabilities. An actuarial opinion regarding reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith shall be included in the audited financial statement. The actuarial opinion shall be given by a member of the American Academy of Actuaries or other qualified loss reserve specialist as defined in the annual statement adopted by the National Association of Insurance Commissioners.  (b) No person shall make any untrue statement of a material fact in connection with the solicitation of membership of a group. No person shall omit to state a material fact which makes the statement misleading, in light of the circumstances under which it is made, in connection with the solicitation of membership of a group.  (c) The insurance commissioner may prescribe the format and frequency of other reports which may include, but shall not be limited to, payroll audit reports, summary loss reports, and quarterly financial statements. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-202 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-202 Misrepresentation prohibited.

  §386-202 Misrepresentation prohibited. No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-203 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-203 Investments.

  §386-203 Investments. Funds not needed for current obligations may be invested by the board of trustees in accordance with sections 431-281 to 431-312. [L 1986, c 304, pt of §1] Note  Sections 431-281 to 431-312 referred to in text are repealed.
HI Rev Stat § 386-204 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-204 Rates and reporting of rates.

  §386-204 Rates and reporting of rates. (a) Every workers' compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan, and manual rules filed with the insurance commissioner by an advisory organization designated by the insurance commissioner.  (b) Premium contributions to the group shall be determined by applying the manual rates and rules to the appropriate classification of each member which shall be adjusted by each member's experience credit or debit. Subject to approval by the insurance commissioner, premium contributions may also be reduced by an advance premium discount reflecting the group's expense levels and loss experience.  (c) Notwithstanding subsection (b), a group may apply to the insurance commissioner for permission to make its own rates. The rates shall be based on at least five years of the group's experience.  (d) Each group shall be audited at least annually by an auditor acceptable to the insurance commissioner to verify proper classifications, experience rating, payroll, and rates. A report of the audit shall be filed with the insurance commissioner in a form acceptable to the insurance commissioner. A group or any member thereof may request a hearing on any objections to the classifications. If the insurance commissioner determines that, as a result of an improper classification, a member's premium contribution is insufficient, the insurance commissioner shall order the group to assess that member an amount equal to the deficiency. If the insurance commissioner determines that, as a result of an improper classification, a member's premium is excessive, the insurance commissioner shall order the group to refund to the member the excess collected. The audit shall be at the expense of the group. [L 1986, c 304, pt of §1]