reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10H-224 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-224 Reserve standards; life insurance policies or riders.

  §431:10H-224 Reserve standards; life insurance policies or riders. (a) When long-term care benefits are provided through the acceleration of benefits under group or individual life policies or riders to these policies, the policy reserves for the benefits shall be determined in accordance with section 431:5-307. Claim reserves shall also be established in the case where the policy or rider is in claim status.  (b) Reserves for policies subject to this section shall be based on the multiple decrement model utilizing all relevant decrements except for voluntary termination rates. Single decrement approximations are acceptable if the calculation produces essentially similar reserves, if the reserve is clearly more conservative, or if the reserve is immaterial. The calculations may take into account the reduction in life insurance benefits due to the payment of long-term care benefits. However, in no event shall the reserves for the long-term care benefit and the life insurance benefit be less than the reserves for the life insurance benefit assuming no long-term care benefit.  (c) In the development and calculation of reserves for policies and riders subject to this section, due regard shall be given to applicable policy provisions, marketing methods, administrative procedures, and all other considerations which have an impact on projected claim costs, including but not limited to the following:  (1) Definition of insured events;  (2) Covered long-term care facilities;  (3) Existence of home convalescence care coverage;  (4) Definition of facilities;  (5) Existence or absence of barriers to eligibility;  (6) Premium waiver provision;  (7) Renewability;  (8) Ability to raise premiums;  (9) Marketing method;  (10) Underwriting procedures;  (11) Claims adjustment procedures;  (12) Waiting period;  (13) Maximum benefit;  (14) Availability of eligible facilities;  (15) Margins in claim costs;  (16) Optional nature of benefit;  (17) Delay in eligibility for benefit;  (18) Inflation protection provisions; and  (19) Guaranteed insurability option.  (d) Any applicable valuation morbidity table shall be certified as appropriate as a statutory valuation table by a member of the American Academy of Actuaries. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-225 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-225 Reserve standards; insurance other than life.

 §431:10H-225 Reserve standards; insurance other than life. When long-term care benefits are provided through insurance other than as in section 431:10H-224, reserves shall be determined by a table certified as appropriate as a statutory valuation table by a member of the American Academy of Actuaries and filed with the commissioner. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-227 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-227 Filing requirements; extraterritorial.

 §431:10H-227 Filing requirements; extraterritorial. Prior to an insurer or similar organization offering group long-term care insurance to a resident of this State pursuant to section 431:10H-105, it shall file with the commissioner evidence that the group policy or certificate thereunder has been approved by a state having statutory or regulatory long-term care insurance requirements substantially similar to those adopted in this State. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-228 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-228 Filing requirements; advertisements.

 §431:10H-228 Filing requirements; advertisements. (a) Every insurer, health care service plan, or other entity providing long-term care insurance or benefits in this State shall provide a copy of any long-term care insurance advertisement intended for use in this State through written, radio, or television media to the commissioner for review or approval by the commissioner to determine compliance with this article. All advertisements subject to this section shall be retained by the insurer, health care service plan, or other entity for at least three years from the date the advertisement was first used.  (b) The commissioner may exempt from the requirements of this section any advertising form or material when, in the commissioner's opinion, this requirement may not reasonably be applied. [L 1999, c 93, pt of §2; am L 2011, c 81, §7] Revision Note  Subsection (b) redesignated pursuant to §23G-15.
HI Rev Stat § 431:10H-228.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-228.5 Disapproval of filings.

  §431:10H-228.5 Disapproval of filings. If the commissioner finds that a filing does not meet the requirements of this chapter in whole or in part and disapproves the filing, a written request for a hearing may be filed pursuant to section 431:14G-112. The insurer shall bear the burden of proving that the filing meets the requirements of this article. [L 2017, c 151, §2]
HI Rev Stat § 431:10H-232 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-232 Prohibition against preexisting conditions and probationary periods in replacement policies and certificates.

 §431:10H-232 Prohibition against preexisting conditions and probationary periods in replacement policies and certificates. If a long-term care insurance policy or certificate replaces another long-term care insurance policy or certificate, the replacing issuer shall waive any time periods applicable to preexisting conditions and probationary periods in the new long-term care policy for similar benefits to the extent that similar exclusions have been satisfied under the original policy. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-234 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-234 Standards for benefit triggers.

 §431:10H-234 Standards for benefit triggers. (a) A long-term care insurance policy shall condition the payment of benefits on a determination of the insured's ability to perform activities of daily living and on cognitive impairment. Eligibility for the payment of benefits shall not be more restrictive than requiring either a deficiency in the ability to perform not more than three of the activities of daily living or the presence of cognitive impairment.  (b) Activities of daily living shall include at least the following as defined in section 431:10H-201 and the policy: bathing, continence, dressing, eating, toileting, and transferring. Insurers may use activities of daily living to trigger covered benefits in addition to those contained in the preceding sentence as long as they are defined in the policy.  (c) An insurer may use additional provisions for the determination of when benefits are payable under a policy or certificate, however the provisions shall not restrict and are not in lieu of the requirements under subsections (a) and (b).  (d) For purposes of this section the determination of a deficiency shall not be more restrictive than:  (1) Requiring the hands-on assistance of another person to perform the prescribed activities of daily living; or  (2) If the deficiency is due to the presence of a cognitive impairment, supervision or verbal cueing by another person is needed in order to protect the insured or others.  (e) Assessments of activities of daily living and cognitive impairment shall be performed by licensed or certified professionals, such as physicians, nurses, or social workers.  (f) Long-term care insurance policies shall include a clear description of the process for appealing and resolving benefit determinations.  (g) The requirements set forth in this section shall be effective July 1, 2000, and shall apply as follows:  (1) Except as provided in paragraph (2), this section applies to a long-term care policy issued in this State after June 30, 2000;  (2) For certificates issued after June 30, 2000, under a group long-term care insurance policy as defined in paragraph (1) under the definition of "group long-term care insurance" in section 431:10H-104, which policy was in force on July 1, 2000, this section shall not apply. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-235 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-235 Standard format outline of coverage; group and individual policies.

 §431:10H-235 Standard format outline of coverage; group and individual policies.  This section implements, interprets, and makes specific, the provisions of section 431:10H-112 in prescribing a standard format and the content of an outline of coverage, as follows:  (1) The outline of coverage shall be a freestanding document, using no smaller than ten-point type;  (2) The outline of coverage shall contain no material of an advertising nature;  (3) Text that is capitalized or underscored in the standard format outline of coverage may be emphasized by other means that provide prominence equivalent to the capitalization or underscoring;  (4) Use of the text and sequence of text of the standard format outline of coverage is mandatory, unless otherwise specifically indicated; and  (5) The format for outline of coverage shall be substantially similar to the Outline of Coverage in section 29 of the April, 2002, NAIC Long-Term Care Insurance Model Regulation. [L 1999, c 93, pt of §2; am L 2007, c 233, §25] Revision Note  Subsection designation deleted pursuant to §23G-15.
HI Rev Stat § 431:10H-236 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-236 Delivery of shopper's guide; group and individual policies.

 §431:10H-236 Delivery of shopper's guide; group and individual policies. (a) A long-term care insurance shopper's guide in the format developed by the National Association of Insurance Commissioners, or a guide developed or approved by the commissioner, shall be provided to all prospective applicants of a long-term care insurance policy or certificate.  (b) In the case of producer solicitations, a producer shall deliver the shopper's guide prior to the presentation of an application or enrollment form.  (c) In the case of direct response solicitations, the shopper's guide must be presented in conjunction with application or enrollment form.  (d) Life insurance policies containing accelerated long-term care benefits are not required to furnish the above-referenced guide, but shall furnish the policy summary required under sections 431:10H-106 to 431:10H-114. [L 1999, c 93, pt of §2; am L 2001, c 216, §24]
HI Rev Stat § 431:10H-237 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-237 Penalties.

 §431:10H-237 Penalties. In addition to any other penalties provided by the laws of this State, any insurer or producer found to have violated any requirement of this State relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to three times the amount of any commissions paid for each policy involved in the violation or up to $10,000, whichever is greater. [L 2007, c 233, pt of §4]
HI Rev Stat § 431:10H-301 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-301 Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code.

  §431:10H-301 Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code. (a) Every group long-term care insurance policy sold after June 30, 2000, may conform to Subtitle C of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and to Section 7702B of the Internal Revenue Code of 1986, as amended; provided that if it does not conform, then it shall not qualify for federal or state income tax benefits.  (b) A group long-term care insurance policy may provide coverage, at a minimum, for "qualified long-term care services", as defined in Subtitle C of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and in Section 7702B of the Internal Revenue Code of 1986, as amended.  (c) For the purpose of subsection (b) and for the purpose of describing examples of services typically found in this State, coverage shall be one or more of the following services or any combination of services:  (1) Home health care services, as defined in section 431:10H-201;  (2) Adult day care, as defined in section 431:10H-201;  (3) Adult residential care home, as defined in section 321-15.1;  (4) Extended care adult residential care home, as defined in section 323D-2;  (5) Nursing home, as defined in section 457B-2;  (6) Skilled nursing facilities and intermediate care facilities, as referenced in section 321-11(10);  (7) Hospices, as referenced in section 321-11;  (8) Assisted living facility, as defined in section 323D-2;  (9) Personal care, as defined in section 431:10H-201;  (10) Respite care, as defined in section 333F-1; and  (11) Any other care as provided by rule of the commissioner. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-302 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-302 Individual long-term care insurance policy coverages.

 §431:10H-302 Individual long-term care insurance policy coverages. (a) Every individual long-term care insurance policy sold after June 30, 2000, shall provide coverage for one or more of the types of care enumerated under section 431:10H-301(c).  (b) An individual long-term care insurance policy sold after June 30, 2000, shall not be required to conform to Subtitle C of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and to Section 7702B of the Internal Revenue Code of 1986, as amended; provided that if it does not conform, then it shall not qualify for federal or state income tax benefits. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-303 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-303 Conflict with Health Insurance Portability and Accountability Act.

 §431:10H-303 Conflict with Health Insurance Portability and Accountability Act. If a conflict occurs between a provision of this article and the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, the provision shall be deemed amended to comply with that federal Act and any related regulations, to the extent that a particular policy is intended to qualify for federal income tax benefits. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-304 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-304 Disclosure of qualification for tax benefits.

 §431:10H-304 Disclosure of qualification for tax benefits. (a) Every policy that is intended to be a qualified long-term care insurance contract as provided in the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, shall be identified as such by prominently displaying and printing on page one of the policy form and the outline of coverage and in the application the following words: "This contract for long-term care insurance is intended to be a federally qualified long-term care insurance contract and may qualify you for federal and state tax benefits."  (b) Every policy that is not intended to be a qualified long-term care insurance contract as provided in the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, shall be identified as such by prominently displaying and printing on page one of the policy form and the outline of coverage and in the application the following words: "This contract for long-term care insurance is not intended to be a federally qualified long-term care insurance contract and is not intended to qualify you for federal and state tax benefits." [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-401 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-401 Publicizing of policies.

  §431:10H-401 Publicizing of policies. For purposes of section 371-16, upon request by an employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" in section 431:10H-104, an insurer that is subject to this part shall be allowed, if it chooses, to publicize a long-term care policy and may sell and underwrite that policy. [L 1999, c 93, pt of §2]
HI Rev Stat § 431:10H-402 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10H-402 Purchase of policy and payment of premiums on an individual's behalf.

 [ §431:10H-402] Purchase of policy and payment of premiums on an individual's behalf. An insurer shall allow a person to purchase an individual or group long-term care insurance policy and pay the premiums for an individual or group long-term care insurance policy that covers the person, the person's spouse, or reciprocal beneficiary, as well as their parents and grandparents, and in-law parents and grandparents. Nothing in this section shall preclude an insurer from underwriting such a policy. L 1999, c 93, pt of §2 DERIVATION TABLE OF ARTICLE 10H FROM THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS 1998 MODEL ACT OR REGULATIONS  1998 NAIC ACT § 1998 NAIC REGULATION § HRS §  1 0 431:10H-101  2 0 431:10H-102  3 0 431:10H-103  4 0 431:10H-104  5 0 431:10H-105  6A 0 431:10H-106  6B 0 431:10H-107  6C 0 431:10H-108  6D 0 431:10H-109  6E 17 431:10H-110  6F 0 431:10H-111  6G 0 431:10H-112  6H 0 431:10H-113  6I to K 0 431:10H-114  7 0 431:10H-115  8 0 431:10H-116  9 0 431:10H-117  0 5 431:10H-201  0 6A 431:10H-202  0 6B 431:10H-203  0 6C 431:10H-204  0 6D 431:10H-205  0 6E 431:10H-206  0 6F 431:10H-207  0 7A 431:10H-208  0 7A 431:10H-209  0 7B 431:10H-210  0 8A 431:10H-211  0 8B 431:10H-212  0 8C 431:10H-213  0 8D 431:10H-214  0 8E 431:10H-215  0 8F 431:10H-216  0 8G 431:10H-217  0 9 431:10H-218  0 10 431:10H-219  0 11 431:10H-220  0 12 431:10H-221  0 13 431:10H-222  0 15 431:10H-223  0 16A 431:10H-224  0 16B 431:10H-225  0 17 431:10H-226  0 18 431:10H-227  0 19 431:10H-228  0 20A, 20B 431:10H-229  0 20C 431:10H-230  0 21 431:10H-231  0 22 431:10H-232  0 23 431:10H-233  0 24 431:10H-234  0 25 431:10H-235  0 26 431:10H-236  0 0 431:10H-301  0 0 431:10H-302  0 0 431:10H-303  0 0 431:10H-304  0 0 431:10H-401  0 0 431:10H-402
HI Rev Stat § 431:11-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:11-101 Scope and purpose.

  §431:11-101 Scope and purpose. (a) This article applies to all persons doing an insurance business in this State unless specifically exempted under subsection (b).  (b) The commissioner may exempt:  (1) Any insurer or class of insurers from any provision of this article, when the commissioner deems the exemption consistent with the purposes of this article and in the public interest; or  (2) Upon request of the person required to supply information or perform an act, that person from any provision of this article, when the commissioner deems the exception consistent with the purposes of this article and in the public interest.  (c) The purposes of this article include:  (1) Exercising surveillance over the acquisition of a domestic insurer, to ensure that in the process of making it part of an insurance holding company system, the interests of policyholders, shareholders, and the public are not harmed;  (2) Providing the regulatory monitoring of those intercorporate relationships and transactions among affiliates within an insurance holding company system that may affect the solidity of insurers;  (3) Controlling the payment of dividends that might affect the solidity of insurers; and  (4) Providing, in appropriate cases, recoupment of dividends paid. [L 1987, c 349, pt of §8; am L 2010, c 116, §1(22)]
HI Rev Stat § 431:11-104.1 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:11-104.1 Definitions. The following definitions shall apply for the purposes of sections 431:11-104.2 through 431:11-104.6 only: "Acquisition" means any agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. "Involved insurer" means an insurer which either acquires or is acquired, is affiliated with an acquirer or person acquired, or is the result of a merger. [L 1992, c 176, pt of §3]

  §431:11-104.1 Definitions. The following definitions shall apply for the purposes of sections 431:11-104.2 through 431:11-104.6 only:  "Acquisition" means any agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers.  "Involved insurer" means an insurer which either acquires or is acquired, is affiliated with an acquirer or person acquired, or is the result of a merger. [L 1992, c 176, pt of §3]
HI Rev Stat § 431:11-104.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:11-104.3 Preacquisition notification; waiting period.

  §431:11-104.3 Preacquisition notification; waiting period. (a) An acquisition covered by section 431:11-104.2 may be subject to an order pursuant to section 431:11-104.5 unless the acquiring person or the acquired person files a preacquisition notification and the waiting period has expired. The commissioner shall treat information submitted under this subsection as confidential in the same manner as provided in section 431:11-108.  (b) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners, including information relating to those markets in which the acquisition would not be exempted pursuant to section 431:11-104.2(b)(5). The commissioner may require such additional material and information as the commissioner deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of section 431:11-104.4. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this State accompanied by a summary of the education and experience indicating that economist's ability to render an informed opinion.  (c) The waiting period required shall begin on the date of receipt by the commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of that receipt, or termination of the waiting period by the commissioner. Prior to the end of the waiting period, the commissioner, on a one-time basis, may require the submission of additional information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of the additional information by the commissioner or termination of the waiting period by the commissioner. [L 1992, c 176, pt of §3; am L 2006, c 189, §8]
HI Rev Stat § 431:11-104.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:11-104.6 Inapplicable provisions. Sections 431:11-110(b), 431:11-110(c), and 431:11-112 do not apply to acquisitions to which sections 431:11-104.1 through 431:11-104.5 apply. [L 1992, c 176, pt of §3]

  §431:11-104.6 Inapplicable provisions. Sections 431:11-110(b), 431:11-110(c), and 431:11-112 do not apply to acquisitions to which sections 431:11-104.1 through 431:11-104.5 apply. [L 1992, c 176, pt of §3]