reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-66 Disability while unemployed.

§392-66 Disability while unemployed.
(a) An employee whose employment with a covered employer is terminated and who during a period of unemployment within twenty-six weeks immediately following such termination of employment becomes ineligible for benefits claimed under chapter 383 solely because of disability commencing on or after January 1, 1970, and who on the day the disability commences is not employed and is not then otherwise eligible for benefits under this chapter, shall be entitled to receive disability benefits as hereinafter provided for each week of such disability for which week the employee would have received unemployment insurance benefits if the employee were not so disabled.
(b) The weekly benefits payable to the disabled unemployed shall be the same as the benefits to which the individual would be entitled under chapter 383 except for the individual's disability; provided that in a case of a disabled unemployed who is performing some form of less than full-time work as referred to in the definition of unemployment in section 383-1 at the time the disability arises, the individual shall receive benefits which the individual would have been entitled to had the individual not been performing less than full-time work; provided further that benefits payable under this section shall not be payable for a period longer than twenty-six weeks from the time the above unemployed commences to receive unemployment benefits payable under chapter 383.
(c) The benefits payable under this section shall be paid by the director out of any assets in the fund created by section 392-61. The payments shall be made through employment offices, as this term is defined and used in chapter 383. The director may require an employee claiming benefits under this section to file proofs of disability and other proofs reasonably necessary for the director to make a determination of eligibility and benefit rights under this section. The director may establish reasonable procedures for determining pro rata benefits payable with respect to disability periods of less than one week. Any employee claiming benefits under this section whose claim is rejected in whole or in part by the director shall be entitled to request review and shall have all the rights with respect to disputed claims provided in this chapter. [L 1969, c 148, pt of §1; am L 1971, c 94, §1; gen ch 1985; am L 1986, c 162, §9 and c 339, §62]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-67 Assessments for the trust fund for disability benefits.

§392-67 Assessments for the trust fund for disability benefits.
(a) Each employer shall, from July 1, 1969, to December 31, 1969, contribute to the establishment of the trust fund for disability benefits at the rate of .2 per cent of covered wages as defined in section 392-43. The employer shall pay such contributions to the director for a given month on or before the thirtieth day of the next succeeding month.
(b) When the balance of the trust fund for disability benefits falls below $500,000 as of December 31 of any year after 1969, a levy shall be assessed and collected in the next calendar year from insurers of employers insured under section 392-41 and from all other employers not insured under section 392-41.
Each year the director shall determine the amount of the levy to be paid by each insurer or employer and shall give notice of the levy to each such insurer or employer on or before May 1 of the year in which the levy is assessed. The amount of the levy shall be paid on or before June 30 following notification.
The amount of the levy against each insurer or employer shall be determined as the product of the wages paid by the employer multiplied by a factor which is the ratio of the amount by which the balance in the [trust fund for disability benefits] was less than $500,000 on the preceding December 31 to total covered wages paid by all employers. For the purposes of this paragraph, "covered wages" means wages paid by employers during the preceding calendar year but not including wages paid to any employee in excess of the limit contained in section 392-43(b). [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-68 Failure to pay assessments.

§392-68
Failure to pay assessments
. If an employer or insurer fails to pay the assessment required by section 392-67(a) or section 392-67(b) within thirty days after the end of the month or quarter for which payment was due, the director shall levy a penalty of at least $250 but no more than ten per cent of the assessment due against the employer or insurer, unless the nonpayment is excused by the director after a showing by the employer or insurer that the payment of the assessment could not be made on the date prescribed therefor owing to conditions over which the employer or insurer had no control and the employer or insurer forthwith complies. [L 1971, c 109, §1(k); gen ch 1985; am L 2020, c 44, §13]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-69 Request for wage and employment information

§392-69 Request for wage and employment information
. An employer to whom the department has sent a request for wage and employment information for an employee claiming benefits against the trust fund for disability benefits, shall complete and file such information within seven days from date the request was sent. If an employer fails to file such information in seven days, the director shall levy a penalty of $250 for each delinquent request, unless the failure to file such information is excused by the director after a showing by the employer that such filing could not be made on the prescribed date therefor owing to conditions over which the employer had no control. [L 1971, c 109, §1(1); gen ch 1985; am L 2013, c 100, §8; am L 2020, c 44, §14]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-73 Procedure.

§392-73 Procedure.
The referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall participate on behalf of the director in any case in which that person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and such fees shall be deemed part of the expenses of administering this chapter. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-74 Conclusiveness of determinations and decisions.

§392-74 Conclusiveness of determinations and decisions.
Except insofar as reconsideration is had under section 392-79, any right, fact, or matter in issue, directly passed upon or necessarily involved in an appeal which has become final, shall be conclusive for all the purposes of this chapter. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-75 Judicial review.

§392-75 Judicial review.
Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the Employment Security Law and the Workers' Compensation Law of the State. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; am L 2004, c 202, §47; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-76 Representation.

§392-76 Representation.
In any proceeding for judicial review pursuant to section 392-75, the director may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3. [L 1969, c 148, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §38]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-77 Payment of benefits.

§392-77 Payment of benefits.
Benefits shall be paid promptly in accordance with the decision. If an application for reconsideration is duly made or if judicial review is duly filed, benefits with respect to weeks of disability not in dispute and benefits payable in any amount not in dispute shall be paid promptly regardless of any reconsideration or appeal. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.

§392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.
(a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of a reconsideration under section 392-79 in such cases shall specify that the person is liable to repay the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which such benefits were paid.
(b) The person liable shall, in the discretion of the referee, either repay such amount or have the amount deducted from any future benefits payable under this chapter within two years after the date of mailing of the notice of reconsideration or the final decision on an appeal from such reconsideration.
(c) In any case in which under this section an individual is liable to repay any amount, the amount shall be payable without interest.
(d) In accordance with sections 392-71 and 392-72, an insurer, self-insured employer or the trust fund for disability benefits shall have a right to appeal for the recovery of disability benefits which were overpaid an employee. Subsections (a) through (c) shall be applicable in the recovery of overpaid benefits. [L 1969, c 148, pt of §1; am L 1981, c 14, §1; gen ch 1985; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-79 Reconsideration.

§392-79 Reconsideration.
(a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the director on the director's own motion may reopen the decision if the director finds that wages of the claimant pertinent to the decision but not considered in connection therewith have been newly discovered or that benefits have been allowed or denied or the amount of benefits have been fixed on the basis of a nondisclosure or misrepresentation of a material fact.
(b) At any time within two years from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that the benefits were allowed or denied as a result of nondisclosure or misrepresentation of a material fact.
(c) At any time within one year from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that an overpayment, due to reasons other than fraud, has occurred.
(d) In any case in which the director is authorized by this section to reopen any final decision rendered by a referee or court, the director may petition the referee or court to issue a revised decision. [L 1969, c 148, pt of §1; gen ch 1985]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-80 Appeal pending when reconsideration issued.

§392-80 Appeal pending when reconsideration issued.
In the event that an appeal is pending as of the date a reconsideration thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from the reconsideration. [L 1969, c 148, pt of §1]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-81 Notice of reconsideration.

§392-81 Notice of reconsideration.
Notice of a reconsideration upon a claim shall be promptly given to the parties by delivery thereof or by mailing the notice to the last known address of each party. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-86 Disputes between employers and employees relating to withholding of wages.

§392-86 Disputes between employers and employees relating to withholding of wages.
In the case that there is a dispute between the employee and the employer relating to the withholding of wages as contributions for temporary disability benefits, either party may file with the director a petition for determination of the amount to be withheld.
The matter shall be determined by an officer of the department. If either party is dissatisfied with the determination, the party may petition for redetermination and thereupon the petition shall be transferred to the referee. [L 1969, c 148, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-91 Enforcement by the director.

§392-91 Enforcement by the director.
The director shall enforce the provisions of this chapter. The director may appoint such assistants and such clerical, stenographic and other help as may be necessary for the proper enforcement of this chapter subject to any civil service act relating to state employees. The salaries of all the foregoing appointees and employees shall be as fixed by law.
The director may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the proper enforcement of this chapter. [L 1969, c 148, pt of §1; gen ch 1985]
Cross References
Civil service law, see chapter 76.
Classification law, see §76-13.5.
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-92 Penalties.

§392-92 Penalties.
(a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than $500 for each offense.
(b) All fines collected pursuant to this chapter shall be deposited into the trust fund for disability benefits created by section 392-61.
[L 1991, c 107, §2; am L 2013, c 100, §8; am L 2020, c 44, §15]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-101 Limitation of fees.

§392-101
Limitation of fees
. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive for such services more than an amount approved by the department or referee, and such amount shall in no case exceed ten per cent of the total amount of benefits received as a result of such proceeding. Any person who violates this section shall, for each such offense, be fined no less than $325 nor more than $3,250, or imprisoned no more than six months, or both. [L 1971, c 109, §1(m); am L 2020, c 44, §16]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-1 Short title.

§393-1 Short title.
This chapter shall be known as the "Hawaii Prepaid Health Care Act". [L 1974, c 210, pt of §1]
Cross References
Congressional exemption from preemption, see P.L. No. 97-473, §301 (29 U.S.C. §1144(b)(5)).
Case Notes
Federal Employee Retirement Income Security Act of 1974 preempts Hawaii Prepaid Health Care Act. 442 F. Supp. 695 (1977), aff'd, 633 F.2d 760 (1980); aff'd, 454 U.S. 801 (1981).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-2 Findings and purpose.

§393-2 Findings and purpose.
The cost of medical care in case of sudden need may consume all or an excessive part of a person's resources. Prepaid health care plans offer a certain measure of protection against such emergencies. It is the purpose of this chapter in view of the spiraling cost of comprehensive medical care to provide this type of protection for the employees in this State. Although a large segment of the labor force in the State already enjoys coverage of this type either by virtue of collective bargaining agreements, employer-sponsored plans, or individual initiative, there is a need to extend that protection to workers who at present do not possess any or possess only inadequate prepayment coverage.
This chapter shall not be construed to diminish any protection already provided pursuant to collective bargaining agreements or employer-sponsored plans that is more favorable to the employees benefited thereby than the protection provided by this chapter or at least equivalent thereto, provided that presently existing collective bargaining agreements shall not be affected by the provisions of this section. [L 1974, c 210, pt of §1; am L 1978, c 199, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-4 Place of performance.

§393-4 Place of performance.
"Employment" includes an individual's entire service, performed within or both within and without this State if:
(1) The service is localized in this State; or
(2) The service is not localized in any state but some of the service is performed in this State and[:]
(A) The individual's base of operation, or, if there is no base of operation, the place from which such service is directed or controlled, is in the State; or
(B) The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited.

§393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited.
If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer who pays the individual the most wages; provided that if one of the employers, who does not pay the most wages, employs the regular employee for at least thirty-five hours per week, the employee shall determine which of the employers shall be the employee's principal employer. The employee's other employers are secondary employers. An employer so designated as the principal employer shall remain as such principal employer for one year or until change of employment, whichever is earlier.
If an individual is concurrently a regular employee of a public entity which is not an employer as defined in section 393-3 and of an employer as defined in section 393-3 the latter shall be deemed to be a secondary employer.
An employer who, directly or indirectly, interferes with or coerces or attempts to coerce an employee in making a determination under this section shall be subject to the penalty provided under subsection 393-33(b). [L 1974, c 210, pt of §1; am L 1975, c 51, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-11 Coverage of regular employees by group prepaid health care plan.

§393-11 Coverage of regular employees by group prepaid health care plan.
Every employer who pays to a regular employee monthly wages in an amount of at least 86.67 times the minimum hourly wage, specified in chapter 387, as rounded off by regulation of the director, shall provide coverage of such employee by a prepaid group health care plan qualifying under section 393-7 with a prepaid health care plan contractor in accordance with the provisions of this chapter. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-12 Choice of plan type and of contractor.

§393-12 Choice of plan type and of contractor.
(a) Every employer required to provide coverage for the employer's employees by a prepaid group health care plan under this chapter shall elect whether coverage shall be provided by:
(1) A plan which obligates the prepaid health care plan contractor to furnish the required health care benefits; or
(2) A plan which obligates the prepaid health care plan contractor to defray or reimburse the expenses of health care.
The employer's election is binding for one year.
(b) Whether the employer elects a plan type described in subsection (a)(1) or in subsection (a)(2), the employer may elect the particular contractor but the employee shall not be obligated to contribute a greater amount to the premium than the employee would have to contribute had the employer elected coverage with the contractor providing the prevailing coverage of the respective type in the State.
Subject to the provision of section 393-20, the employer shall provide coverage with the prepaid health care plan contractor selected pursuant to this subsection for all the employer's employees in the State electing this type of coverage who are covered by the provisions of this chapter, except for employees covered by the health care provisions of an applicable collective bargaining agreement as provided in section 393-19(b) first sentence. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-13 Liability for payment of premium; withholding; recovery of premium.

§393-13 Liability for payment of premium; withholding; recovery of premium.
Unless an applicable collective bargaining agreement specifies differently every employer shall contribute at least one-half of the premium for the coverage required by this chapter and the employee shall contribute the balance; provided that in no case shall the employee contribute more than 1.5 per cent of the employee's wages; and provided that if the amount of the employee's contribution is less than one-half of the premium, the employer shall be liable for the whole remaining portion of the premium.
The employer shall withhold the employee's share from the employee's wages with respect to pay periods as specified by the director.
If an employee separates from the employee's employment after the employee's employer has prepaid the employee's share of the cost of providing health care coverage, the employer may deduct an amount not to exceed one-half of the premium cost but without regard to the 1.5 per cent limitation, from the last salary or wages due the employee, or seek other appropriate means to recover the premium. [L 1974, c 210, pt of §1; am L 1976, c 206, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-14 Commencement of coverage.

§393-14 Commencement of coverage.
The employer shall provide the coverage required by this chapter for any regular employee, who has been in the employer's employ for four consecutive weeks, at the earliest time thereafter at which coverage may be provided with the prepaid health care plan contractor selected pursuant to this chapter. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-15 Continuation of coverage in case of inability to earn wages.

§393-15 Continuation of coverage in case of inability to earn wages.
If an employee is hospitalized or otherwise prevented by sickness from working, the employer shall enable the employee to continue the employee's coverage by contributing to the premium the amounts paid by the employer toward such premium prior to the employee's sickness for the period that such employee is hospitalized or prevented by sickness from working. This obligation shall not exceed a period of three months following the month during which the employee became hospitalized or disabled from working, or the period for which the employer has undertaken the payment of the employee's regular wages in such case, whichever is longer. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-16 Liability of secondary employer.

§393-16 Liability of secondary employer.
An employer who has been notified by an employee, in the form prescribed by the director, that the employer is not the principal employer as defined in section 393-6 shall be relieved of the duty of providing the coverage required by this chapter until the employer is notified by the employee pursuant to section 393-18 that the employer has become the principal employer. The employer shall notify the director, in the form prescribed by the director, that the employer is relieved from the duty of providing coverage or of any change in that status. [L 1974, c 210, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-17 Exemption of certain employees.

§393-17 Exemption of certain employees.
(a) In addition to the exemption specified in section 393-16, an employer shall be relieved of the employer's duty under section 393-11 with respect to any employee who has notified the employer, in the form specified by the director, that the employee is:
(1) Protected by health insurance or any prepaid health care plan established under any law of the United States;
(2) Covered as a dependent under a prepaid health care plan, entitling the employee to the health benefits required by this chapter;
(3) A recipient of public assistance or covered by a prepaid health care plan established under the laws of the State governing medical assistance.
(b) Employers receiving notice of a claim of exemption under this section shall notify the director of such claim in the form prescribed by the director. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-18 Termination of exemption.

§393-18 Termination of exemption.
(a) If an exemption which has been claimed by an employee pursuant to section 393-17 terminates because of any change in the circumstances entitling the employee to claim such exemption, the employee shall promptly notify the principal employer of the termination of the exemption and the employer thereupon shall provide coverage as required by this chapter.
(b) If because of a change in the employment situation of an employee or a redetermination by an employee as provided in section 393-6, a principal employer becomes a secondary employer or a secondary employer becomes the principal employer, the employee shall promptly notify the employers affected of such change and the new principal employer shall provide coverage as required by this chapter. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-19 Freedom of collective bargaining.

§393-19 Freedom of collective bargaining.
(a) In addition to the policy stated in section 393-2, nothing in this chapter shall be construed to limit the freedom of employees to bargain collectively for different prepaid health care coverage, if the protection provided by the negotiated plan is more favorable to the employees benefited than the protection provided by this chapter or at least equivalent thereto, or for a different allocation of the costs thereof. A collective bargaining agreement may provide that the employer oneself undertakes to provide the health care specified in the agreement.
(b) If the employees rendering particular types of services are not covered by the health care provisions of the applicable collective bargaining agreements to which their employer is a party, the provisions of this chapter shall be applicable with respect to them. An employer or group of employers shall be deemed to have complied with the provisions of this chapter if they undertake to provide health care services pursuant to a collective bargaining agreement and the services are available to all other employees not covered by such agreement. [L 1974, c 210, pt of §1; am L 1978, c 199, §2; gen ch 1993]
Cross References
Collective bargaining, see chapter 377.
Case Notes
1978 amendment preempted by Employees Retirement Income Security Act. 594 F. Supp. 449 (1984).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-20 Adjustment of employer-sponsored plans.

§393-20 Adjustment of employer-sponsored plans.
Where employees subject to the coverage of this chapter are included in the coverage provisions of an employer-sponsored prepaid health care plan covering similar employees employed outside the State and the majority of such employees are not subject to this chapter, the benefits applicable to the employees covered by this chapter shall be adjusted within one year after the effective date of this chapter so as to meet the requirements of this chapter. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-21 Individual waivers; additional withholding for dependents.

§393-21 Individual waivers; additional withholding for dependents.
(a) An employee may waive individually all of the required health care benefits pursuant to this chapter by:
(1) Requesting the waiver by a writing submitted to the employer; and
(2) Receiving approval of the waiver from the director upon the director determining that the employee has other coverage under a prepaid health care plan which provides benefits that meet the standards prescribed in section 393-7.
(b) The employer who receives from an employee a written request for a waiver under this section shall transmit to the director a copy of the waiver, on a form prescribed by the director, and a copy of the prepaid health care plan on the basis of which the waiver is requested.
(c) A waiver under this section is binding for one year and is renewable for subsequent one-year periods.
(d) An employer who, directly or indirectly, coerces or attempts to coerce an employee in making a waiver under this section shall be subject to the penalty provided under section 393-33(b).
(e) An employee may not agree to pay a greater share of the premium for such benefits than is required by this chapter.
(f) Subject to section 393-7(b), an employee may consent to pay a greater share of the employee's wages and to a withholding of such share by the employer for the purpose of providing prepaid health care benefits of the employee's dependents under the plan providing such benefits for the employee's self. [L 1974, c 210, pt of §1; am L 1976, c 81, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-22 Exemption of followers of certain teachings or beliefs.

§393-22 Exemption of followers of certain teachings or beliefs.
This chapter shall not apply to any individual who pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer or other spiritual means. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-24 Noncomplying employer held liable for employee's health care costs.

§393-24 Noncomplying employer held liable for employee's health care costs.
Any employer who fails to provide coverage as required by this chapter shall be liable to pay for the health care costs incurred by an eligible employee during the period in which the employer failed to provide coverage. [L 1977, c 91, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-31 Enforcement by the director.

§393-31 Enforcement by the director.
Except as otherwise provided in section 393-7 the director shall administer and enforce this chapter. The director may appoint such assistants and such clerical, stenographic, and other help as may be necessary for the proper administration and enforcement of this chapter subject to any civil service act relating to state employees. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-32 Rulemaking and other powers of the director.

§393-32 Rulemaking and other powers of the director.
The director may adopt, amend, or repeal, pursuant to chapter 91, such rules and regulations as the director deems necessary or suitable for the proper administration and enforcement of this chapter.
The director may round off the amounts specified in this chapter for the purpose of eliminating payments from the premium supplementation fund in other than even dollar amounts or other purposes.
The director may prescribe the filing of reports by prepaid health care plan contractors and prescribe the form and content of requests by employers for premium supplementation and the period for the payment thereof. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-33 Penalties; injunction.

§393-33 Penalties; injunction.
(a) If an employer fails to comply with section 393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less than $25 or of $1 for each employee for every day during which such failure continues, whichever sum is greater. The penalty shall be assessed under rules and regulations promulgated pursuant to chapter 91 and shall be collected by the director and paid into the trust fund for premium supplementation established by section 393-41. The director may, for good cause shown, remit all or any part of the penalty.
(b) Any employer, employee, or prepaid health care plan contractor who wilfully fails to comply with any other provision of this chapter or any rule or regulation thereunder may be fined not more than $200 for each such violation.
(c) Any employer who fails to initiate compliance with the coverage requirements of section 393-11 for a period of thirty days, may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1974, c 210, pt of §1; am L 1977, c 190, §1; gen ch 1985; am L 2013, c 100, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-34 Penalties.

§393-34 Penalties.
(a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined not more than $250 for each offense.
(b) All fines collected pursuant to this chapter shall be deposited into the [premium supplementation trust fund] created by section 393-41. [L 1991, c 107, §3; am L 2013, c 100, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-41 Establishment of premium supplementation trust fund.

§393-41 Establishment of premium supplementation trust fund.
There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund for premium supplementation which shall be administered exclusively for the purposes of this chapter. All premium supplementations payable under this part shall be paid from the fund. The fund shall consist of:
(1) All money appropriated by the State for the purposes of premium supplementation under this part; and
(2) All fines and penalties collected pursuant to this chapter. L 1974, c 210, pt of §1; am L 2013, c 100, §7
Revision Note
In the last sentence, (1) and (2) reformatted as paragraphs (1) and (2), and in paragraph (1), punctuation added pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-42 Management of the fund.

§393-42 Management of the fund.
The director of finance shall be the treasurer and custodian of the premium supplementation fund and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be held in trust for the purposes of this part only and shall not be expended, released, or appropriated or otherwise disposed of for any other purpose. Moneys in the fund may be deposited in any depositary bank in which general funds of the State may be deposited but such moneys shall not be commingled with other state funds and shall be maintained in separate accounts on the books of the depositary bank. Such moneys shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of the State; and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the State. The director of finance shall be liable for the performance of the director of finance's duties under this section as provided in chapter 37. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-43 Disbursements from the fund.

§393-43 Disbursements from the fund.
Expenditures of moneys in the premium supplementation fund shall not be subject to any provisions of law requiring specific appropriations or other formal release by the state officers of money in their custody. All payments from the fund shall be made upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the director. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-44 Investment of moneys.

§393-44 Investment of moneys.
With the approval of the department the director of finance may, from time to time, invest such moneys in the premium supplementation fund as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future period. Such moneys may be invested in bonds of any political or municipal corporation or subdivision of the State, or any of the outstanding bonds of the State, or invested in bonds or interest-bearing notes or obligations of the State (including state director of finance's warrant notes issued pursuant to chapter 40), or of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest, or in federal land bank bonds or joint stock farm loan bonds. The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The director of finance shall dispose of securities or other properties belonging to the fund only under the direction of the director of labor and industrial relations. [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-45 Entitlement to premium supplementation.

§393-45 Entitlement to premium supplementation.
(a) An employer who employs less than eight employees entitled to coverage under this chapter and who provides coverage to such employees pursuant to section 393-7(a) shall be entitled to premium supplementation from the fund if the employer's share of the cost of providing such coverage as determined by sections 393-13 and 393-15 exceeds 1.5 per cent of the total wages payable to such employees and if the amount of such excess is greater than five per cent of the employer's income before taxes directly attributable to the business in which such employees are employed.
(b) The amount of the supplementation shall be that part of the employer's share of the premium cost which exceeds the limits specified in subsection (a). [L 1974, c 210, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-46 Income directly attributable to the business.

§393-46 Income directly attributable to the business.
(a) "Income directly attributable to the business" means gross profits from the business minus deductions for:
(1) Compensation of officers;
(2) Salaries and wages, except wages paid by an individual proprietor to oneself;
(3) Repairs;
(4) Taxes on business and business property;
(5) Business advertising;
(6) Amounts contributed to employee benefit plans;
(7) Interest on business indebtedness;
(8) Rent on business property; and
(9) Other expenses necessary for the current conduct of business.
(b) Deductions shall not include:
(1) Bad debts;
(2) Contributions or gifts, other than those listed under subsection (a)(6);
(3) Amortization and depreciation; or
(4) Losses by fire, storm, casualty, or theft.
(c) The director may promulgate rules and regulations necessary to define income directly attributable to business for the purpose of section 393-45. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-47 Claim of premium supplementation.

§393-47 Claim of premium supplementation.
An employer entitled to premium supplementation shall file a claim therefor in the manner provided by regulation of the director. The employer shall have the burden of proof of establishing the employer's entitlement. [L 1974, c 210, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 393. Prepaid Health Care Act › 393-48 Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits.

§393-48 Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits.
Prepaid health care benefits shall be paid from the premium supplementation fund to an employee who is entitled to receive prepaid health care benefits but cannot receive such benefits because of bankruptcy of the employee's employer or because the employee's employer is not in compliance with this chapter. Benefits paid from the premium supplementation fund to such employee may be recovered from the employee's bankrupt or noncomplying employer. The director shall institute administrative and legal actions as provided in section 393-33 to effect recovery of such benefits. [L 1978, c 3, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-1 Purpose.

§394-1 Purpose.
The purpose of this chapter is to establish manpower development and training programs in the State of Hawaii and to determine the extent to which the employment needs of individuals can be met by either job training or a public service job or a combination of both. [L 1969, c 251, §1; am L 1971, c 188, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-2 Establishment of programs.

§394-2 Establishment of programs.
(a) There is established within the department of labor and industrial relations manpower development and training programs for the various industries in the State. The training programs are to be developed to assist those unemployed and underemployed persons who cannot reasonably be expected to obtain suitable full-time employment without the benefit of training. Instruction and training shall be provided by the department of education and the University of Hawaii system, and/or other suitable agencies. Where a need is indicated to overcome barriers to possible training, the department of labor and industrial relations, either on its own or in cooperation with the various departments and agencies of the state and county governments and private industry, may arrange for transportation, child care, health care and other aids to employment. The department of labor and industrial relations is also authorized to formulate and carry out a program of providing useful public service employment to unemployed persons other than public assistance recipients.
(b) The department of human services is authorized to formulate and carry out a program of providing useful public service employment to public assistance recipients. Refusal to accept suitable work as determined by the department of human services without justifiable reasons shall render an unemployed or underemployed recipient ineligible for public assistance. [L 1969, c 251, §2; am L 1971, c 188, §2; am L 1972, c 53, §1; am L 1987, c 339, §4]
Cross References
Public service employment of public assistance recipients, see § §346-101 to 346-104.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-3 Contracts; public and private sectors.

§394-3 Contracts; public and private sectors.
(a) The department of labor and industrial relations may enter into contracts for manpower development and training with the department of education, the University of Hawaii system, or other public agencies.
(b) The department of labor and industrial relations also may enter into contracts with private industry for manpower training and job placement of unemployed persons within such private organizations. The private employer shall be responsible for compensating such persons the minimum wage and the State may assume the differences in wages, if any, by determining the prevailing wage of persons employed in similar positions in private industry during the contract period for such manpower training.
(c) The department of labor and industrial relations shall formulate standards and adopt rules to carry out the purposes of this section. [L 1969, c 251, §3; am L 1971, c 188, §3; am L 1974, c 126, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-4 Compensation.

§394-4 Compensation.
The State shall pay to each person who is enrolled in a manpower development and training program a weekly compensation equal to the average weekly benefit amount provided under chapter 383. It may pay to each person who is employed on a public service employment project instituted under section 394-2 the prevailing wages of persons employed in similar public employment. [L 1969, c 251, §4; am L 1971, c 188, §4]