reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:21-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-104 Board of directors.

  §431:21-104 Board of directors. (a) The board of directors shall have responsibility and control over the organization, management, policies, and activities of the association. The board of directors of the association shall consist of twelve persons serving terms as established in the plan of operation. The board shall be composed of:  (1) Eight voting members selected by the member insurers;  (2) One voting member appointed by the commissioner to represent insurance producers; and  (3) Three voting members appointed by the commissioner to represent the public.  (b) The commissioner shall appoint the initial members of the board of directors. All member insurers shall be fairly represented on the board.  (c) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them as members of the board of directors. [L 1991, c 284, pt of §2; am L 1992, c 143, §3; am L 1994, c 128, §9; am L 1996, c 99, §2; am L 2003, c 212, §118]
HI Rev Stat § 431:21-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-105 Powers and duties of the association.

  §431:21-105 Powers and duties of the association. (a) In addition to any other requirements imposed by law, the association shall:  (1) Formulate and administer a plan of operation to insure persons having an insurable interest in real or tangible personal property in the area designated by the commissioner;  (2) Reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while processing applications and servicing policies on behalf of the association; and  (3) Collect and maintain statistical information and other information required by the commissioner.  (b) In addition to any other powers allowed by law, the association may:  (1) Add additional insurance coverages with the approval of the commissioner, including coverage for commercial risks up to the limits of coverage for residential risks as set forth in the plan of operation;  (2) Employ or retain persons as are necessary to perform the duties of the association;  (3) Contract with a member insurer to perform the duties of the association;  (4) Sue or be sued;  (5) Borrow funds necessary to effectuate the purposes of this article in accord with the plan of operation;  (6) If approved by the commissioner, assess member insurers amounts necessary to cover extraordinary losses incurred by the association. Each member insurer shall be notified of the assessment not later than thirty days before it is due. No member insurer may be assessed in any year an amount greater than two per cent of that member insurer's net direct written premiums for the preceding calendar year. The association may exempt or defer, in whole or in part, the assessment of any member insurer if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact business;  (7) Devise a method to give credit to member insurers for homeowners and fire insurance policies individually underwritten on risks located in the area designated for coverage by the association;  (8) Negotiate and become a party to contracts as are necessary to carry out the purposes of this article; and  (9) Perform all other acts as are necessary or proper to effectuate the purpose of this article. [L 1991, c 284, pt of §2; am L 1992, c 143, §4]
HI Rev Stat § 431:21-105.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-105.5 Default in payment of assessments.

  §431:21-105.5 Default in payment of assessments. In the event any member insurer fails to pay any assessment by the association when due, the association shall report the default in writing to the commissioner no later than five days after the default and may bring a civil action in circuit court to enforce payment. [L 1992, c 143, §1]
HI Rev Stat § 431:21-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-106 Plan of operation.

  §431:21-106 Plan of operation. (a) The association shall submit to the commissioner a plan of operation and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendment shall become effective upon approval in writing by the commissioner. If the association fails to submit a suitable plan of operation or if at any time the association fails to submit suitable amendments to the plan, the commissioner shall adopt the rules necessary to carry out this article. The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved in writing by the commissioner.  (b) All member insurers shall comply with the plan of operation.  (c) The plan of operation shall:  (1) Establish procedures for performance of all the powers and duties of the association under section 431:21-105;  (2) Establish maximum limits of liability to be placed through the association;  (3) Establish reasonable underwriting standards for determining insurability of a risk which are comparable to the standards used to determine insurability of a risk located outside the area designated by the commissioner as eligible for association coverage;  (4) Establish a schedule of deductibles, if appropriate;  (5) Establish the commission to be paid to licensed producers;  (6) Establish the rates to be charged for the insurance coverages, so that the total premium income from all association policies, when combined with the investment income, shall annually fund the administration of the association. The administration of the association shall include the expenses incurred in processing applications, conducting inspections, issuing and servicing policies, paying commissions, and paying claims, but shall not include assessments approved by the commissioner;  (7) Establish the manner and scope of the inspection and the form of the inspection report. The inspection guidelines may include setting minimum conditions the property must meet before an inspection is required;  (8) Establish procedures whereby selections for the board of directors will be submitted to the commissioner for the commissioner's information;  (9) Establish procedures for records to be kept of all financial transactions of the association, its producers, and its board of directors;  (10) Establish procedures by which applications will be received and serviced by the association;  (11) Establish guidelines for the investigation and payment of claims; and  (12) Establish procedures whereby the association may assume and cede reinsurance on risks written through the association. [L 1991, c 284, pt of §2; am L 1992, c 143, §5; am L 2002, c 155, §97; am L 2003, c 212, §119]
HI Rev Stat § 431:21-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-107 Designation of area.

  §431:21-107 Designation of area. After consultation with representatives of the United States Geological Survey, the state department of defense, and the county in which the area is located, the commissioner shall designate the geographical area eligible for coverage through the association. Those properties in the designated area that meet the standards set forth in the plan of operation shall be provided insurance through the association. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-108 Renewals of existing policies.

  §431:21-108 Renewals of existing policies. Member insurers shall renew policies in existence on June 18, 1991, on property situated in the area designated by the commissioner under section 431:21-107. A member insurer may choose not to renew such a policy if the insured property does not meet the member insurer's underwriting criteria. [L 1991, c 284, pt of §2] Revision Note  "June 18, 1991" substituted for "the effective date of this article" pursuant to §23G-15.
HI Rev Stat § 431:21-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-109 Insurance coverages available under plan.

  §431:21-109 Insurance coverages available under plan. (a) All properties qualifying for coverage under the plan of operation shall be eligible for the standard fire policy and extended coverage endorsement. The association shall provide additional coverages when directed by the commissioner or when approved by the commissioner.  (b) At the written request of any person who is, or is attempting to become, a mortgagor on real property that qualifies for coverage under the plan of operation, the association shall provide coverage for an amount not less than the amount of the mortgage obligation, but no greater than the value of the property being insured; provided that it does not exceed the limits of the plan. The policy shall name the intended mortgagee as the beneficiary for the amount equal to the outstanding balance on the mortgage.  (c) In the application of subsection (b), the amount covered under the policy shall comply with article 10E. [L 1991, c 284, pt of §2; am L 1997, c 14, §1]
HI Rev Stat § 431:21-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-110 Application; inspection.

  §431:21-110 Application; inspection. (a) Any person having an insurable interest in real or tangible personal property who has been unable to obtain basic property insurance from a licensed insurer may apply to the association for coverage.  (b) Within ten days of receiving an application, the association may conduct an inspection of the property to determine the condition of the property and decide if the property qualifies for coverage under the standards set forth in the plan of operation.  (c) The inspection of the property shall include, but need not be limited to, inspection of pertinent structural and occupancy features as well as the general condition of the building and surrounding structures. A representative photograph may be taken as part of the inspection.  (d) Within ten days of the inspection, an inspection report shall be filed with the member insurer designated by the association. A copy of the completed inspection report shall be sent to the applicant upon request. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-111 Duties and powers of the commissioner.

  §431:21-111 Duties and powers of the commissioner. (a) The commissioner shall provide the association with a statement of the net direct written premiums of each member insurer.  (b) The commissioner shall approve an assessment of member insurers by the association when the association is insolvent as defined in section [431:15-103(a)].  (c) The commissioner may suspend or revoke after a hearing the certificate of authority of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due. The fine shall not exceed five per cent of the unpaid assessment per month and shall not be less than $100 per month. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-112 Reports.

  §431:21-112 Reports. (a) The association shall submit to the commissioner each year not later than one hundred twenty days after the association's fiscal year, a financial report in a form approved by the commissioner.  (b) The commissioner may require other reports from insurers concerning risks insured under the plan. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-113 Appeals.

  §431:21-113 Appeals. Any applicant or member insurer affected by a decision of the association shall have the right to appeal to the board of directors within thirty days after the decision. The application for appeal shall specify in what respects the person making the appeal was aggrieved and the grounds to be relied upon as a basis for the relief demanded. The board of directors shall hold the hearing within thirty days after the board of directors' receipt of the application for appeal unless postponed by mutual consent.  Any final action or order of the board of directors shall be subject to judicial review by the circuit court of the first judicial circuit. [L 1991, c 284, pt of §2; am L 1992, c 143, §6]
HI Rev Stat § 431:21-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-114 Tax exemptions.

  §431:21-114 Tax exemptions. The association shall be exempt from payment of all fees and all taxes levied by this State. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-115 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-115 Credits for assessments paid.

  §431:21-115 Credits for assessments paid. A member insurer may offset against its premium tax liability to this State an assessment made with the commissioner's approval to the extent of twenty per cent of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid. In the event a member insurer should cease doing business in this State, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-116 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-116 Examination.

  §431:21-116 Examination. For the purpose of ascertaining its condition, or compliance with this article, the commissioner, as often as the commissioner deems advisable, may examine the accounts, records, documents, and transactions of the association. The association shall pay the expenses of the examination in accordance with section 431:2-306(b). [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-117 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-117 Immunity and limitation on liability.

  §431:21-117 Immunity and limitation on liability. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors, the commissioner, or the commissioner's representatives for any action taken by them in the performance of their powers and duties under this article. Chapters 661 and 662 or any other law to the contrary notwithstanding, nothing in this article shall create an obligation, debt, claim, cause of action, claim for relief, charge, or any other liability of any kind whatsoever in favor of any person or entity, without regard to whether that person or entity receives any benefits under this article, against the State, or its officers and employees. The State and its officers and employees shall not be liable for the results of any application, denial of application, claim, loss, or other benefits provided by the association pursuant to this article. Nothing in this article shall be construed as authorizing any claim against the State whatsoever, nor shall this article be construed as authorizing any claim against the association in excess of any note, loan, liability, or other obligation incurred by the association. [L 1991, c 284, pt of §2; am L 1992, c 143, §7]
HI Rev Stat § 431:21-118 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-118 Status of association policies.

  §431:21-118 Status of association policies. All financial institutions shall consider a policy issued by the association to be the same as a similar policy issued by an insurer authorized to transact insurance in this State. [L 1991, c 284, pt of §2]
HI Rev Stat § 431:21-119 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:21-119 Issuance of new policies; removal of moratorium.

  §431:21-119 Issuance of new policies; removal of moratorium. If residential property insurance is unavailable, as determined by the commissioner, due to a moratorium on the issuance of policies on property situated in lava zones where the mayor of the county of Hawaii has issued a proclamation declaring a state of emergency exists due to the threat of imminent disaster from a lava flow, the association shall remove its moratorium. Upon the moratorium's removal, the association shall offer new policies and may provide a waiting period of no longer than six months for the policy coverage to take effect; provided that the residential property in the lava zone does not have current insurance. [L 2015, c 32, §3; am L 2016, c 6, §1] Cross References  Insurance for properties in lava zones in the county of Hawaii, see § §431:10E-141 and 431:10E-142.
HI Rev Stat § 431:22-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:22-101 Definitions.

  §431:22-101 Definitions. As used in this article:  "Commissioner" means the insurance commissioner.  "Loss mitigation" means actions undertaken to reduce losses that may result from a hazard.  "Wind resistive devices" means devices, techniques, and residential safe rooms, as identified and determined in accordance with section 431:22-104(b), that increase a building's or structure's resistance to damage from wind forces. [L 2002, c 179, pt of §3; am L Sp 2005, c 5, §9; am L 2007, c 80, §2]
HI Rev Stat § 431:22-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:22-102 REPEALED.

  §431:22-102 REPEALED. L 2011, c 124, §55.
HI Rev Stat § 431:22-103 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:22-103 Establishment of loss mitigation grant program.

 §431:22-103 Establishment of loss mitigation grant program. The commissioner shall develop and implement a pilot grant program to encourage the installation of wind resistive devices. The commissioner may spend up to $6,000,000 over three years for the grant program, which amounts shall include the costs of administering, operating, and marketing the grant program.  For the first year of the grant program, the commissioner may make grants only to former policyholders of the Hawaii hurricane relief fund. From the second year onward, the commissioner may also make grants to all single or multi-family residential owners, which may include owners of townhouse units or condominium apartments under section 431:22-104(c)(3). [L 2002, c 179, pt of §3; am L 2011, c 124, §46]
HI Rev Stat § 431:22-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:22-105 Technical advisory committee.

  §431:22-105 Technical advisory committee. The commissioner shall appoint an advisory committee of persons having expertise and familiarity relevant to the mitigation grant program and feasibility study report. [L 2002, c 179, pt of §3]
HI Rev Stat § 431:26-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:26-102 Applicability and scope.

  §431:26-102 Applicability and scope. (a) Except as otherwise provided in this section, this article applies to all health carriers that offer fully insured network plans.  (b) The following shall not apply to health carriers that offer network plans that consist solely of limited scope dental plans or limited scope vision plans:   (1) Section 431:26-103(a)(2);  (2) Section 431:26-103(f)(7)(E) and (f)(8)(B);  (3) Paragraphs (1) and (3) of the definition of "active course of treatment" under section 431:26-101;  (4) Section 431:26-104(l)(6)(D);  (5) Section 431:26-105(a)(3)(B) and (C); and  (6) Section 431:26-105(a)(4)(A)(i) and (ii) and (a)(4)(B).  (c) This article shall not apply to limited benefit health insurance, as provided in section 431:10A-607, except as to limited scope dental plans or limited scope vision plans as specified in subsection (b).  (d) Notwithstanding any other provision in this article to the contrary, health benefit plans contracted with the department of human services med-QUEST division to provide services for medicaid beneficiaries shall continue to be subject to the network provider adequacy standards and oversight of the federal medicaid program; provided that the department of human services and the commissioner may collaborate to align such standards wherever possible. Nothing in this article is intended to change, delegate, or diminish the sole responsibility to monitor and regulate the medicaid managed care plans from the single state medicaid agency. [L 2017, c 191, pt of §1; am L 2019, c 70, §33]
HI Rev Stat § 431:26-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:26-106 Intermediaries.

  §431:26-106 Intermediaries. (a) Intermediaries and participating providers with whom they contract shall comply with all the applicable requirements of section 431:26-104.  (b) A health carrier's statutory responsibility to monitor the offering of covered benefits to covered persons shall not be delegated or assigned to the intermediary.  (c) A health carrier shall have the right to approve or disapprove participation status of a subcontracted provider in the carrier's own network or a contracted network for the purpose of delivering covered benefits to the carrier's covered persons.  (d) A health carrier shall maintain copies of all intermediary health care subcontracts at its principal place of business in the State or ensure that the carrier has access to all intermediary subcontracts, including the right to make copies to facilitate regulatory review, upon twenty days' prior written notice from the health carrier.  (e) If applicable, an intermediary shall transmit utilization documentation and claims paid documentation to the health carrier. The carrier shall monitor the timeliness and appropriateness of payments made to providers and health care services received by covered persons.  (f) If applicable, an intermediary shall maintain the books, records, financial information, and documentation of services provided to covered persons at its principal place of business in the State and preserve them for the time period required by law in a manner that facilitates regulatory review.  (g) An intermediary shall allow the commissioner access to the intermediary's books, records, financial information, and any documentation of services provided to covered persons, as necessary to determine compliance with this article.  (h) If an intermediary is insolvent, a health carrier may require the assignment to the health carrier of the provisions of a provider's contract addressing the provider's obligation to furnish covered services. If a health carrier requires assignment, the health carrier shall remain obligated to pay the provider for furnishing covered services under the same terms and conditions as the intermediary prior to the insolvency.  (i) Notwithstanding any other provision of this section to the contrary, to the extent the health carrier delegates its responsibilities to the intermediary, the carrier shall retain full responsibility for the intermediary's compliance with this article. [L 2017, c 191, pt of §1]