reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:14A-117 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-117 Workplace safety and health programs.

  §431:14A-117 Workplace safety and health programs. (a) The company shall work with policyholders, health care providers, and employees to develop, implement, and monitor workplace safety and health and return to work programs. The programs shall include the development of a workplace accident and injury reduction plan that promotes safe working conditions.  (b) The company shall promote safety programs to policyholders through programs and activities which may include:  (1) Analyzing reports of industrial accidents of members to help determine the cause of those accidents;  (2) Conducting studies for risk and hazard identification and assessments by safety and medical professionals;  (3) Conducting educational programs designed to prevent frequently recurring industrial accidents; and  (4) Inspecting work sites and investigating unsafe working conditions to promote job safety and eliminate hazards.  (c) Company representatives shall have reasonable access to the premises of any policyholder or applicant during regular working hours to carry out workplace evaluations.  (d) Where the company finds, upon the completion of a detailed inspection that an insured has policies and practices in place that demonstrate a high regard for employee work safety, the company may apply a deviation to the insured's rate structure, noting special recognition of those efforts.  (e) The company shall not incur additional legal liability toward its members or beneficiaries as a result of any action taken or not taken pursuant to this chapter beyond that explicitly created by this chapter, chapter 386, or common law, and generally applicable to the acts or omissions of all issuers of workers' compensation insurance in this State. [L 1996, c 261, pt of §2; am L 2010, c 52, §5]
HI Rev Stat § 431:14A-118 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-118 Discontinuation of residual market plan.

  §431:14A-118 Discontinuation of residual market plan. (a) The residual market plan, as authorized by section 431:14-116.6, is discontinued effective December 31, 1996, or the date the company writes its first policy, whichever date is later, except for dissolution of any obligations for claims arising out of any policies written pursuant to the plan with inception dates of or before December 31, 1996, or the date the company writes its first policy, whichever date is later. It is the intent of this section to provide for an orderly transfer of policies from the residual market plan as authorized by section 431:14-116.6 to the company.  (b) The residual market plan shall continue its operation for all policies with inception dates of or before December 31, 1996, or the date the company writes its first policy, whichever date is later. All policies written thereunder shall be for one-year terms, and shall not be terminated prior to expiration except for cause. In no case shall policies with inception dates of January 1, 1997, or the date the company writes its first policy, whichever date is later, be provided under the residual market plan authorized by section 431:14-116.6. [L 1996, c 261, pt of §2] Note  For contingent repeal, see L 1996, c 261, §10.
HI Rev Stat § 431:14A-119 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-119 Discontinuation of assigned risks.

  §431:14A-119 Discontinuation of assigned risks. (a) Assigned risk coverage, as authorized by section 431:14-116, is discontinued effective December 31, 1996, or the date the company writes its first policy, whichever date is later, except for dissolution of any obligations for claims arising out of any policies written pursuant to section 431:14-116 with inception dates on or before December 31, 1996, or the date the company writes its first policy, whichever date is later. It is the intent of this section to provide for an orderly transfer of assigned risks as authorized by section 431:14-116 to the company.  (b) Assigned risk coverage, as authorized under section 431:14-116 shall continue operation for all policies with inception dates of or before December 31, 1996, or the date the company writes its first policy, whichever date is later. All policies written thereunder shall be for one-year terms, and shall not be terminated prior to expiration except for cause. In no case shall policies with inception dates of January 1, 1997, or the date the company writes its first policy, whichever date is later, be provided for assigned risks authorized by section 431:14-116. [L 1996, c 261, pt of §2] Note  For contingent repeal, see L 1996, c 261, §10.
HI Rev Stat § 431:14G-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-101 Scope and purpose.

 §431:14G-101 Scope and purpose. (a) This article shall apply to all types of health insurance offered by managed care plans.  (b) The purpose of this article is to promote the public welfare by regulating health insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory. Nothing in this article is intended to:  (1) Prohibit or discourage reasonable competition; or  (2) Prohibit or encourage, except to the extent necessary to accomplish the aforementioned purposes, uniformity in insurance rates, rating systems, rating plans, or practices. This article shall be liberally interpreted to carry into effect this section. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-102 Definitions.

  §431:14G-102 Definitions. As used in this article:  "Commissioner" means the insurance commissioner.  "Enrollee" means a person who enters into a contractual relationship or who is provided with health care services or benefits through a managed care plan.  "Managed care plan" or "plan" means a health plan as defined in section 431:10A, or chapter 432 or 432D, regardless of form, offered or administered by a health care insurer, including but not limited to a mutual benefit society or health maintenance organization, or voluntary employee beneficiary associations, but shall not include disability insurers licensed under chapter 431.  "Rate" means every rate, charge, classification, schedule, practice, or rule. The definition of "rate" excludes fees and fee schedules paid by the insurer to providers of services covered under this article.  "Supplementary rating information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rates in effect or to be in effect.  "Supporting information" means:  (1) The experience and judgment of the filer and the experience or data of other organizations relied on by the filer;  (2) The interpretation of any other data relied upon by the filer; and  (3) Descriptions of methods used in making the rates and any other information required by the commissioner to be filed. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-103 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-103 Making of rates.

  §431:14G-103 Making of rates. (a) Rates shall not be excessive, inadequate, or unfairly discriminatory and shall be reasonable in relation to the costs of the benefits provided.  (b) Except to the extent necessary to meet subsection (a), uniformity among managed care plans in any matters within the scope of this section shall be neither required nor prohibited. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-103.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-103.5 Rerating.

  §431:14G-103.5 Rerating. No person, business, or entity may change or rerate any rate approved by the commissioner in any subsequent transfer, sale, resale, or pass through of health insurance issued by a managed care plan. [L 2015, c 63, §22]
HI Rev Stat § 431:14G-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-104 Rate adjustment mandates.

 §431:14G-104 Rate adjustment mandates. (a) Except as otherwise provided by law, the commissioner may mandate filings for health insurance under section 431:14G-105 when the commissioner has actuarially sound information that current rates may be excessive, inadequate, or unfairly discriminatory.  (b) Managed care plans shall submit the rate filings within one hundred twenty days of the commissioner's mandate.  (c) The rate filings shall be subject to the rate filing requirements under section 431:14G-105. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-106 Policy revisions that alter coverage.

 §431:14G-106 Policy revisions that alter coverage. All plan revisions that alter coverage in any manner shall be filed with the commissioner. After review by the commissioner, the commissioner shall determine whether a rate filing for the plan revision must be submitted in accordance with section 431:14G-105. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-108 Managed care plans; prohibited activity.

 §431:14G-108 Managed care plans; prohibited activity.  (a) Except as permitted in this article, no managed care plan shall:  (1) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or  (2) Engage in a boycott, on a concerted basis, of an insurance market.  (b) Except as permitted in this article, no managed care plan shall make any arrangement with any other person that has the purpose or effect of restraining trade unreasonably or of substantially lessening competition in the business of insurance. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-109 Information to be furnished enrollees; hearings and appeals of enrollees.

  §431:14G-109 Information to be furnished enrollees; hearings and appeals of enrollees. Every managed care plan that makes its own rates, within a reasonable time after receiving written request therefore and upon payment of reasonable charges as it may make, shall furnish to any enrollee affected by a rate made by it or to the authorized representative of the enrollee, all pertinent information as to the rate; provided that the managed care plan shall not be required to disclose supporting information and supplementary rating information protected pursuant to section 431:14G-105(d). [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-109.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-109.5 Publication of premium information.

  §431:14G-109.5 Publication of premium information. (a) Upon the commissioner's request, all managed care plans shall provide health insurance premium information to the commissioner within thirty days of the request.  (b) The commissioner shall publish annually, by electronic or online publication on the official website of the insurance division, a list of all managed care plans with representative annual premiums for health insurance. The commissioner shall have information on premiums for health insurance, which shall be available to the public on request. [L 2014, c 66, §1]
HI Rev Stat § 431:14G-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-110 False or misleading information

  §431:14G-110 False or misleading information. No person or organization shall wilfully withhold information from or knowingly give false or misleading information to the commissioner, any statistical agency designated by the commissioner, or any managed care plan, which will affect the rates or premiums chargeable under this article. Violation of this section shall subject the one guilty of the violation to the penalties provided in section 431:14G-111. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-111 Penalties.

 §431:14G-111 Penalties. (a) If the commissioner finds that any person or organization has violated any provision of this article, the commissioner may impose a penalty of not more than $500 for each violation; provided that if the commissioner finds the violation to be wilful, the commissioner may impose a penalty of not more than $5,000 for each violation. The penalties may be in addition to any other penalty provided by law. For purposes of this section, any managed care plan using a rate for which the managed care plan has failed to file the rate, supplementary rating information, underwriting rules or guides, or supporting information as required by this article, shall have committed a separate violation for each day the failure to file continues.  (b) The commissioner may suspend the license or operating authority of any managed care plan that fails to comply with an order of the commissioner within the time limited by the order, or any extension thereof that the commissioner may grant. The commissioner shall not suspend the license of any managed care plan for failure to comply with an order until the time prescribed for an appeal from the order has expired or, if an appeal has been taken, until the order has been affirmed. The commissioner may determine when a suspension of license or operating authority shall become effective and it shall remain in effect for the period fixed by the commissioner unless the commissioner modifies or rescinds the suspension, or until the order upon which the suspension is based is modified, rescinded, or reversed.  (c) No penalty shall be imposed and no license or operating authority shall be suspended or revoked except upon a written order of the commissioner, stating the commissioner's findings, made after a hearing held upon not less than ten days' written notice to the person or organization. The notice shall specify the alleged violation. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:14G-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14G-112 Hearing procedure and judicial review.

  §431:14G-112 Hearing procedure and judicial review.  (a) Any managed care plan aggrieved by any order or decision of the commissioner made without a hearing, within thirty days after notice of the order to the managed care plan, may make written request to the commissioner for a hearing. The commissioner shall hold a hearing within twenty days after receipt of the request, and shall give not less than ten days' written notice of the time and place of the hearing. The commissioner shall promptly conduct and complete the hearing. Within fifteen days after the hearing is completed, the commissioner shall affirm, reverse, or modify the commissioner's previous action, specifying the reasons for the commissioner's decision. Pending the hearing and decision, the commissioner may suspend or postpone the effective date of the commissioner's previous action.  (b) Any final order or decision of the commissioner may be reviewed in the circuit court of the first circuit and an appeal from the decision of the court shall lie to the supreme court. The review shall be taken and had in the manner provided in chapter 91. [L 2007, c 175, pt of §2]
HI Rev Stat § 431:15-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-101 Construction and purpose.

Case Notes Under § §431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an insurance company on behalf of not only the insolvent insurer, but also its policyholders, creditors, and all other interested parties. 89 H. 427, 974 P.2d 1017 (1999).  This article applies to mutual benefit societies. 99 H. 53, 52 P.3d 823 (2002). PART I. GENERAL PROVISIONS   §431:15-101 Construction and purpose. (a) This article shall be cited as the Insurers Supervision, Rehabilitation and Liquidation Act.  (b) This article shall not be interpreted to limit the powers granted the commissioner by other provisions in this code.  (c) This article shall be liberally construed to effect the purpose stated in subsection (d).  (d) The purpose of this article is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through:  (1) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;  (2) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;  (3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;  (4) Equitable apportionment of any unavoidable loss;  (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this State; and  (6) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-102 Persons covered.

  §431:15-102 Persons covered. The proceedings authorized by this article may be applied to:  (1) All insurers and reinsurers who are doing, or have done, an insurance business in this State, and against whom claims arising from that business may exist now or in the future;  (2) All insurers who purport to do an insurance business in this State;  (3) All insurers who have insureds resident in this State;  (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this State;  (5) All nonprofit service plans and all fraternal benefit societies and beneficial societies subject to chapter 432, Benefit Societies; and  (6) All title insurance companies, subject to article 20. [L 1987, c 347, pt of §2] Case Notes  This section creates an exception to the general rule established by §432:1-101 that mutual benefit societies are typically exempt from provision of the Insurance Code; thus, this article applies to mutual benefit societies. 99 H. 53, 52 P.3d 823 (2002).
HI Rev Stat § 431:15-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-105 Injunctions and orders.

  §431:15-105 Injunctions and orders. (a) Any receiver appointed in a proceeding under this article may, at any time apply for and the circuit court of the first circuit may grant, under the relevant provisions of the Hawaii Rules of Civil Procedure, any injunctions, any restraining orders, and other orders as may be deemed necessary and proper to prevent:  (1) The transaction of further business;  (2) The transfer of property;  (3) Interference with the receiver or with a proceeding under this article;  (4) Waste of the insurer's assets;  (5) Dissipation and transfer of bank accounts;  (6) The institution or further prosecution of any actions or proceedings;  (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;  (8) The levying of execution against the insurer;  (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;  (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or  (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this article.  (b) The receiver may apply to any court outside of this State for the relief described in subsection (a). [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-106 Cooperation of officers and employees.

  §431:15-106 Cooperation of officers and employees. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner or the receiver in any proceeding under this article or any investigation preliminary to the proceeding.  (b) No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental to the proceeding.  (c) This section does not make it illegal to resist by legal proceedings the petition for liquidation or other delinquency proceedings, or other orders.  (d) Any person included within subsection (a) who fails to cooperate with the commissioner, or any person who obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental to the proceeding, or who violates any order the commissioner issued validly under this article may:  (1) Be sentenced to pay a fine not exceeding $10,000 or to be imprisoned for a term of not more than one year, or both; or  (2) After a hearing, be subject to the imposition by the commissioner, of a civil penalty not to exceed $10,000 and shall be subject to the revocation or suspension of any insurance licenses issued by the commissioner.  (e) As used in this section:  "Cooperate" includes but is not limited to the following:  (1) To reply promptly in writing to any inquiry from the commissioner or the receiver requesting a reply; and  (2) To make available and deliver to the commissioner or receiver any books, accounts, documents, or other records, or information or property of or pertaining to the insurer and in its possession, custody, or control.  "Person" includes any person who exercises control directly or indirectly over activities of an insurer through any holding company or other affiliate of the insurer. [L 1987, c 347, pt of §2; am L 2019, c 111, §23]
HI Rev Stat § 431:15-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-107 Commissioner's reports.

  §431:15-107 Commissioner's reports. The commissioner shall make and file annual reports and any other required reports for the companies proceeded against under this article in the manner and form and within the time required by law of insurers authorized to do business in this State. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-108 Continuation of delinquency proceedings.

  §431:15-108 Continuation of delinquency proceedings. This article applies to proceedings commenced after July 1, 1988. [L 1987, c 347, pt of §2] Revision Note  "July 1, 1988" substituted for "the effective date of the insurance code" pursuant to §23G-15.