reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-15 Administrative fines and enforcement.

§432G-15 Administrative fines and enforcement.
(a) The commissioner, in addition to or in lieu of suspension or revocation of a certificate of authority pursuant to section 432G-13, may levy an administrative fine upon a dental insurer in an amount not less than $500 and not more than $50,000. The dental insurer may request, in writing, a hearing pursuant to section 432G-13. The order levying the fine shall specify the period within which the fine shall be fully paid, which shall not be less than thirty nor more than forty-five days from the date of the order. Upon failure to pay the fine when due, the commissioner shall revoke the insurer's certificate of authority if not already revoked, and the fine shall be recovered in a civil action brought on behalf of the commissioner. Any fine so collected shall be remitted by the commissioner to the director of finance and shall be placed to the credit of the compliance resolution fund.
(b) If the commissioner, for any reason, has cause to believe that any violation of this chapter has occurred or is threatened, the commissioner may give notice to a dental insurer and its representatives, or other persons who appear to be involved in such suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to any suspected violation. In the event it appears that any violation has occurred or is threatened, the commissioner may attempt to arrive at an adequate and effective means of correcting or preventing the violation. Proceedings under this subsection shall not be governed by any formal procedural requirements and may be conducted in such manner as the commissioner may deem appropriate under the circumstances. However, unless consented to by the dental insurer, no order may result from a conference until the requirements of this section are satisfied.
(c) The commissioner may issue an order directing a dental insurer or a representative of a dental insurer to cease and desist from engaging in any act or practice in violation of the provisions of this chapter. Any person aggrieved by an order of the commissioner under this section may obtain judicial review of the order in the manner provided for by chapter 91.
(d) In the case of any violation of the provisions of this chapter, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection (c), the commissioner may institute a proceeding to obtain injunctive or other appropriate relief in any court of competent jurisdiction. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-16 Statutory construction and relationship to other laws.

§432G-16 Statutory construction and relationship to other laws.
(a) Except as provided in subsection (c) and otherwise provided in this chapter, the insurance laws shall not apply to the activities authorized and regulated under this chapter of any dental insurer granted a certificate of authority under this chapter.
(b) Solicitation of enrollees by a dental insurer granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by providers.
(c) Articles 2, 2D, 13, and 15 of chapter 431, and the powers granted by those provisions to the commissioner shall apply to dental insurers, so long as the application in any particular case is in compliance with and is not preempted by applicable federal statutes and regulations. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-17 Acquisition of control of or merger of a dental insurer.

§432G-17 Acquisition of control of or merger of a dental insurer.
No person may make a tender for or a request or invitation for tenders of, enter into an agreement to exchange securities for, or acquire in the open market or otherwise, any voting security of a dental insurer or enter into any other agreement if, after the consummation thereof, that person, directly or indirectly, or by conversion or by exercise of any right to acquire, would be in control of the dental insurer, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of a dental insurer, unless, at the time any offer, request, or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the dental insurer information required by section 431:11-104 and the offer, request, invitation, agreement, or acquisition has been approved by the commissioner. Approval by the commissioner shall be governed by section 431:11-104(d); provided that if no action is taken by the commissioner within thirty days, the offer, request, invitation, agreement, or acquisition shall be deemed approved. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-18 Federally funded programs; exemption.

§432G-18 Federally funded programs; exemption.
Requirements provided in this chapter relating to mandated coverages or essential health benefits shall not be applicable to any dental insurer offering dental insurance under a federally funded program under the Social Security Act, as amended; provided that this exemption shall apply only to that part of the dental insurer's business under the federally funded program. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-19 Coordination of benefits.

§432G-19 Coordination of benefits.
(a) Dental insurers are required to adopt provisions for coordination of benefits to avoid overinsurance and to provide for the orderly payment of claims when a person is covered by two or more group health insurance or health care plans.
(b) Provisions adopted pursuant to subsection (a) for the coordination of benefits shall be consistent with the coordination of benefits provisions that are in general use in the State for coordinating coverage between two or more group health insurance or health care plans. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-20 Disclosure of dental care coverage and benefits.

§432G-20 Disclosure of dental care coverage and benefits.
In order to ensure that all individuals understand their dental care options and are able to make informed decisions, all dental insurers shall provide current and prospective subscribers with written disclosure of coverages and benefits, including information on coverage principles and any exclusions or restrictions on coverage.
The information provided shall be current, understandable, and available prior to enrollment, and upon request after enrollment. A policy or contract provided to a subscriber which describes coverages and benefits shall be in conformance with part I of article 10 of chapter 431. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-21 Federal law compliance.

§432G-21 Federal law compliance.
All dental insurers shall comply with applicable federal law. The commissioner shall enforce the consumer protections and market reforms relating to insurance as set forth in the federal Patient Protection and Affordable Care Act, Public Law 111-148. [L 2013, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 432G. Dental Insurers › 432G-22 Rules; adoption by commissioner.

§432G-22 Rules; adoption by commissioner.
The commissioner may adopt rules under chapter 91 for the implementation and administration of this chapter. [L 2013, c 191, pt of §1]
Revision Note
This section, enacted as §432G-2(e), was redesignated pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-1 Purpose.

§435C-1 Purpose.
The purpose of this chapter is to provide a contingency plan to be instituted by the insurance commissioner upon the unavailability of medical malpractice insurance in this State. [L 1975, c 161, pt of §1]
Cross References
Medical torts, see chapter 671.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-2 Definitions.

§435C-2 Definitions.
As used in this chapter:
"Medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician or hospital.
"Net direct premiums" means general casualty insurance direct premiums written as reported on the Hawaii State Page of the Exhibit of Premium and Losses of the annual statement under medical malpractice, workers' compensation, and other liability lines of business.
"Plan" means the joint underwriting plan established pursuant to the provisions of this chapter. [L 1975, c 161, pt of §1 and am c 41, §1; am L 1979, c 164, §1; am L 1998, c 204, §1]
Revision Note
Definitions restyled and rearranged.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-3 Joint underwriting plan, establishment.

§435C-3
Joint underwriting plan, establishment.
(a) A joint underwriting plan is established, consisting of all insurers authorized to write and engaged in writing casualty insurance in this State on a direct basis. Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance in this State. The purpose of the plan shall be to provide medical malpractice insurance on a self-supporting basis. The plan shall be the exclusive agency through which medical malpractice insurance may be written in this State on a primary basis for physicians and hospitals.
(b) The plan shall, pursuant to the provisions of this chapter and the plan of operation with respect to medical malpractice insurance, have the power on behalf of its members:
(1) To issue, or to cause to be issued policies of insurance to applicants, including incidental coverages and subject to limits as specified in the plan of operation but not to exceed $100,000 for each claimant under one policy in any one year;
(2) To appoint service companies to underwrite such insurance and to adjust and pay losses with respect thereto;
(3) To assume reinsurance from its members; and
(4) To cede reinsurance.
(c)(1) The commissioner shall, after consultation with the joint underwriting plan, representatives of the public, the Hawaii Medical Association and other affected individuals and organizations, promulgate a plan of operation consistent with the provisions of this chapter within sixty days after the creation of the plan. The plan of operation shall become effective and operational upon order of the insurance commissioner.
(2) The plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of medical malpractice insurance, and shall contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operation, establishment of necessary facilities, management of the plan, assessment of members to defray losses and expenses, commission arrangements, reasonable and objective underwriting standards, acceptance and cession of reinsurance, appointment of servicing carriers and standards, and procedures for determining amounts of insurance to be provided by the plan.
(3) The plan of operation shall provide that any profit achieved by the plan be added to the reserves of the plan or returned to the policyholders as a dividend.
(4) Amendments to the plan of operation may be made by the directors of the plan, subject to the approval of the insurance commissioner, or shall be made at the direction of the insurance commissioner. [L 1975, c 161, pt of §1; am L 1976, c 219, §5; am L 1984, c 232, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-4 Procedures.

§435C-4 Procedures.
(a)(1) Any licensed physician or hospital shall, on or after the effective date of the plan of operation, apply to the plan for such coverage. Such application may be made on behalf of an applicant by a producer authorized by the applicant.
(2) If the plan determines that the applicant meets the underwriting standards of the plan as provided in the plan of operation and there is no unpaid, uncontested premium due from the applicant for prior insurance (as shown by the insured having failed to make written objection to the premium charges within thirty days after billing), then the plan, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall cause to be issued a policy of medical malpractice insurance for a term of one year.
(b)(1) The rates, rating plan, rating classifications, territory, and policy forms applicable to the insurance written by the plan and statistics relating thereto shall be subject to sections 431:14-101 to 431:14-117 unless otherwise provided hereto, giving due consideration to the past and prospective loss and expense experience within and outside this State for medical malpractice insurance of all of the member companies of the plan, trends in the frequency and severity of losses, the investment income of the plan, and such other information as the insurance commissioner may require;
(2) Any deficit sustained by the plan in any one year shall be recouped, pursuant to the plan of operation and the rating plan then in effect by one or both of the following procedures:
(A) An assessment upon the policyholders; or
(B) A rate increase applicable prospectively;
(3) Effective after the initial year of operation, rating plans and rating rules, and any provisions of recoupment through policyholder assessment or premium rate increase, shall be based upon the plan's loss and expense experience, together with such other information based upon such experience as the insurance commissioner may deem appropriate. The resultant premium rates shall be on an actuarially sound basis and shall be calculated to be self-supporting;
(4) In the event that sufficient funds are not available for the sound financial operation of the plan, pending recoupment as provided in paragraph (3) of this subsection, all members shall, on a temporary basis contribute to the financial requirements of the plan in the manner provided for in section 435C-5. Any such contribution shall be reimbursed to the members following recoupment as provided in paragraph (3) of this subsection; and
(5) The commissioner shall consider requiring the plan to offer policies on a claims made or occurrence basis; provided that the premium rate charged for the policies shall be at rates established on an actuarially sound basis and that are calculated to be self-supporting. [L 1975, c 161, pt of §1; am L 1998, c 204, §2; am L 2002, c 155, §105; am L 2004, c 122, §94]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-5 Participation.

§435C-5 Participation.
All insurers that are members of the plan shall participate in its expenses, profits, and losses in the proportion that the net direct premiums of each such member (excluding that portion of premiums attributable to the operation of the plan) written during the preceding calendar year bears to the aggregate net direct premiums written in this State by all members of the plan. Insurers that are members of the plan may also be appointed by the insurance commissioner as servicing companies to underwrite the medical malpractice insurance. Each insurer's participation in the plan shall be determined annually on the basis of such net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the insurance commissioner. No member shall be obligated in any one year to reimburse the plan on account of its proportionate share in the deficit from operations of the plan in that year in excess of one per cent of its policyholders' surplus and the aggregate amount not so reimbursed shall be reallocated among the remaining members in accordance with the method of determining participation prescribed in this section after excluding from the computation the total net direct premiums of all members not sharing in the excess deficit. In the event that the deficit from operations allocated to all members of the plan in any calendar year shall exceed one per cent of their respective policyholders' surplus, the amount of such deficit shall be allocated to each member in accordance with the method of determining participation prescribed in this section. [L 1975, c 161, pt of §1; am L 1998, c 204, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-6 Directors.

§435C-6 Directors.
The plan shall be governed by a board of eleven directors, ten to be selected annually. Five directors shall be elected by cumulative voting by the members of the plan, whose votes in such election shall be weighted in accordance with each member's net direct premiums written during the preceding calendar year. Three directors shall be appointed by the insurance commissioner as representatives of the medical profession. Two directors shall be appointed by the insurance commissioner as representatives of the public. The five member companies serving on the first board shall be elected at a meeting of the members, or their authorized representatives, which shall be held at a time and place designated by the insurance commissioner. The insurance commissioner shall appoint the five directors serving on the first board on or before the date of such meeting. The insurance commissioner shall be the other member and shall be its chairperson. [L 1975, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-7 Appeals and judicial review.

§435C-7 Appeals and judicial review.
Any applicant to the plan, any person insured pursuant to this chapter, or their representatives, or any affected insurer, may appeal to the insurance commissioner within thirty days after any ruling, action or decision by or on behalf of the plan, with respect to those items the plan of operation defines as appealable matters.
All orders of the insurance commissioner made pursuant to this chapter shall be subject to judicial review as provided in section 431:14-118. [L 1975, c 161, pt of §1]
Revision Note
Section "431:14-118" substituted for "431-705".
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-8 Privileged communications.

§435C-8 Privileged communications.
There shall be no liability on the part of, and no cause of action of any nature shall arise against the plan, its agents or employees, an insurer, any producer, or the insurance commissioner or the commissioner's authorized representatives, for any statements made in good faith by them in any reports or communications concerning risks insured or to be insured by the plan, or at any administrative hearing conducted in connection therewith. [L 1975, c 161, pt of §1; gen ch 1985; am L 2002, c 155, §106]
Cross References
Required reports privileged by statute, see §626-1, rule 502.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-9 Annual statements.

§435C-9 Annual statements.
The plan shall file in the office of the insurance commissioner annually on or before the fifteenth day of March, a statement which shall contain information with respect to its transactions, conditions, operations and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed and shall be in such form as is approved by the insurance commissioner. The insurance commissioner may, at any time, require the plan to furnish additional information with respect to its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation and experience of the plan. [L 1975, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-10 Examinations.

§435C-10 Examinations.
The insurance commissioner shall make an examination into the affairs of the plan at least annually. Such examination shall be conducted and the report thereon filed in the manner prescribed in section 431:2-302. The expenses of every such examination shall be borne and paid by the plan in the manner prescribed by section 431:2-306. [L 1975, c 161, pt of §1]
Revision Note
Sections 431:2-302 and 431:2-306 substituted for sections 431-54 and 431-59, respectively.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435C. Hawaii Medical Malpractice Underwriting Plan › 435C-11 Initiation of plan.

§435C-11 Initiation of plan.
The plan becomes operational at the direction of the insurance commissioner, upon a finding that medical malpractice insurance is not or will not be readily available in this State to the majority of the physicians and hospitals. Upon a finding by the insurance commissioner that medical malpractice insurance has become readily available in the voluntary market, the commissioner may direct the plan to cease writing medical malpractice insurance.
The plan, being a temporary measure, shall not remain in existence for more than three years after the plan becomes operational. [L 1975, c 161, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-1 Definitions.

§435E-1 Definitions.
Unless the context clearly requires otherwise:
"Commissioner" means the insurance commissioner of this State.
"Physician" or "surgeon" means any person licensed to practice medicine or osteopathic medicine under chapter 453; or any professional corporation, partnership, or other entity whose stockholders or partners are comprised solely of persons licensed under chapter 453. [L 1977, c 182, pt of §1; am L 1982, c 203, §15; am L 1996, c 202, §10; am L 2009, c 11, §56]
Cross References
Insurance commissioner, see §431:2-102.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-2 Cooperative indemnity.

§435E-2 Cooperative indemnity.
Physicians and surgeons may, any other law to the contrary notwithstanding, form cooperative corporations for the purposes of this chapter. The members of a cooperative corporation, which shall be limited to physicians and surgeons only, may enter into unincorporated interindemnity or reciprocal contracts among themselves; provided that such contracts indemnify solely in respect to medical malpractice claims against such members, and do not collect in advance of loss any moneys other than contributions by each member to a collective reserve trust fund or for necessary expenses of administration. In addition, each such interindemnity, reciprocal, or interinsurance contract shall meet the requirements of this chapter. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-3 Rules.

§435E-3 Rules.
The commissioner may adopt, amend, and repeal rules necessary to implement this chapter, subject to chapter 91. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-11 Trust agreement, required.

§435E-11 Trust agreement, required.
(a) Each participating member shall enter into and, concurrently therewith, receive an executed copy of a trust agreement, which shall govern the collection and disposition of all funds of the interindemnity arrangement.
(b) The trust agreement shall, as a minimum, provide for meeting all requirements of this part. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-12 Trust corpus, contributions.

§435E-12 Trust corpus, contributions.
There shall be an initial trust corpus of not less than $3,000,000 which corpus shall be a trust fund to secure enforcement of the interindemnity arrangement. The average initial contribution to such corpus shall be not less than $20,000 per member participating in the interindemnity arrangement. No such interindemnity arrangement shall become operative until the requisite minimum reserve trust fund has been established by such participating members. The commissioner shall have the power to investigate and verify the amounts specified by law. [L 1977, c 182, pt of §1; am L 1979, c 207, §1; am L 1982, c 203, §16]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-13 Board of trustees.

§435E-13 Board of trustees.
The reserve trust fund created by such trust agreement shall be administered by a board of trustees of three or more members, all of whom shall be physicians and surgeons, participating members in the interindemnity arrangement, and elected biennially or more frequently by at least a majority of all members participating in the interindemnity arrangement. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-14 Board of trustees, custodian.

§435E-14 Board of trustees, custodian.
The board of trustees shall be the custodian of all funds of the interindemnity arrangement, and all such funds shall be deposited in such bank or banks and savings and loan associations in Hawaii as the board designates, and each such account shall require two or more signatories for withdrawal of funds. The authorized signatories shall be appointed by the board and shall be limited to physicians and surgeons and participating members in the interindemnity arrangement. Each signatory on such accounts shall maintain, at all times while empowered to draw on such funds, for the benefit of the interindemnity arrangement, a bond against loss suffered through embezzlement, mysterious disappearance, holdup, or burglary or other loss issued by a bonding company licensed to do business in Hawaii in a penal sum of not less than $100,000. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-15 Funds, investment.

§435E-15 Funds, investment.
All funds held in trust which are in excess of current financial needs shall be invested and reinvested from time to time, under the direction of the board of trustees, in a manner consistent with the requirements of article 8 of chapter 412, or in certificates of deposits or time deposits issued by banks, savings banks, savings and loan associations and depository financial services loan companies in Hawaii duly insured by instrumentalities of the United States government. [L 1977, c 182, pt of §1; am L 1993, c 350, §21]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-16 Payments.

§435E-16 Payments.
The income earned on the corpus of the trust fund shall be the source for the payment of the claims, costs, judgments, settlements, and costs of administration contemplated by such interindemnity arrangement, and to the extent such income is insufficient for such purposes, the board of trustees shall have the power and authority to assess participating members for all amounts necessary to meet the obligations of such interindemnity arrangement in accordance with the terms thereof and any such assessment levied against a member shall be the personal obligation of such member. Any person who obtains a final judgment of recovery for medical malpractice against a member of such interindemnity arrangement shall have, in addition to any other remedy, the right to assert directly all rights to indemnification which the judgment debtor has under the interindemnity arrangement. Such final judgment shall be a lien on the reserve trust fund to secure payment of such judgment, limited to the extent of the judgment debtor's rights to indemnification. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-17 Minimum indemnity level.

§435E-17 Minimum indemnity level.
Each participating member shall be covered by such interindemnity arrangement for not less than $100,000 for each claim and not less than $300,000 annual aggregate of professional negligence, with the terms and conditions of such coverage to be specified in the trust agreement. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-18 Withdrawal of corpus.

§435E-18 Withdrawal of corpus.
Withdrawal of all, or any portion of, the corpus of the reserve trust fund shall be upon the written authorization signed by at least two-thirds of the members of the board of trustees. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-19 Annual reports; disclosure.

§435E-19 Annual reports; disclosure.
The board of trustees shall furnish the following to each member participating in such interindemnity arrangement, and shall file a copy with the commissioner:
(1) Within one hundred twenty days after the end of each fiscal year a statement of the assets and liabilities of the interindemnity arrangement as of the end of such year, a statement of the revenue and expenditures of the interindemnity arrangement, and a statement of the changes in corpus of the reserve trust for such year, in each case accompanied by a certificate signed by a firm of independent certified public accountants selected by the board of trustees indicating that such firm has conducted an audit of such statements in accordance with generally accepted auditing standards and indicating the results of such audit.
(2) Within forty-five days after the end of each of the first three quarterly periods of each fiscal year a statement of the assets and liabilities of the interindemnity arrangement as of the end of such quarterly period, a statement of the revenue and expenditures of the interindemnity arrangement and a statement of the changes in corpus of the reserve trust for such period, in each case accompanied by a certificate signed by a majority of the members of the board of trustees to the effect that such statements were prepared from the official books and records of the interindemnity arrangement.
In addition to the statements required to be filed pursuant to this section, the board of trustees shall annually file with the commissioner an authorization for disclosure of all financial records pertaining to the interindemnity arrangement. For the purpose of this paragraph, the authorization for disclosure shall also include the financial records of any association, partnership, or corporation that has management or control of the funds or the operation of the interindemnity arrangement. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-20 Death of member.

§435E-20 Death of member.
In the event a participating member who is in full compliance with the trust agreement dies, the initial contribution made by the decedent shall be returned to the member's estate or designated beneficiary; the indemnity coverage shall continue for the benefit of the decedent's estate in respect of occurrences during the time the decedent was a participating member; and neither the person receiving the repayment of the initial contribution nor the decedent's estate shall be responsible for any assessments levied following the death of the member. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-21 Retirement of member.

§435E-21 Retirement of member.
A participating member who is then in full compliance with the trust agreement and who has reached the age of sixty-five and who has retired completely from the practice of medicine may elect to retire from the interindemnity arrangement, in which case the member shall not be responsible for assessments levied following the date notice of retirement is given to the trust. Following retirement, the indemnity coverage shall continue for the benefit of the member in respect of occurrences prior to the time the member retired from the interindemnity arrangement. The retired member's initial contribution shall be repaid ten years from the date the notice of retirement is received by the trust, or such earlier date as specified in the trust agreement. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-22 Disability of member.

§435E-22 Disability of member.
During any period in which a participating member, who is then in full compliance with the trust agreement, has, in the judgment of the board of trustees, become unable to perform any and every duty of his or her regular professional occupation, the indemnity coverage shall continue for the benefit of such member and such member shall not be responsible for assessments levied during such period. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-23 Member failure to pay.

§435E-23 Member failure to pay.
In the event a participating member fails to pay any assessment when the same is due, the board of trustees may terminate such person's membership status if such failure to pay is not cured within thirty days from the date the assessment was due. Upon termination the former participating member shall not be entitled to the return of all or any part of his or her initial contribution, and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of ten days following such termination. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-24 Noncomplying member.

§435E-24 Noncomplying member.
In the event a participating member fails to comply with any provision of the trust agreement (other than a failure to pay assessments when due), the board of trustees may terminate the person's membership status if such failure to comply is not cured within sixty days from the date the person is notified of the failure; provided that before such membership status may be terminated such person shall be given the right to call for a hearing before the board of trustees (to be held before the expiration of such sixty-day period), at which hearing such person shall be given the opportunity to demonstrate to the board of trustees that no failure to comply has occurred; or, if it has occurred, that it has been cured. Upon termination, the former participating member shall not be entitled to the return of all or any part of his or her initial contribution, and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of ten days following such termination. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-25 Voluntary termination of a member.

§435E-25 Voluntary termination of a member.
A participating member who is then in full compliance with the trust agreement may elect voluntarily to terminate the participating member's membership in the interindemnity arrangement. Upon voluntary termination, the person may further elect to cease being responsible for future assessments, or to continue to pay the assessments until the person's initial contribution is repaid. If the person elects to cease being responsible for future assessments, the indemnity coverage shall thereupon terminate and the person shall either be responsible for the person's own exposure for acts committed while a participating member in the interindemnity arrangement, or the person may request the interindemnity arrangement to purchase or provide, at the cost of the person, coverage for the person's exposure. The initial contribution of the person shall be repaid on the tenth anniversary of the date the contribution was made. If the person elects to continue to be responsible for assessments, the indemnity coverage shall continue in respect of occurrences prior to the date of the voluntary termination, and the initial contribution of the person shall be repaid when the board of trustees is satisfied that:
(1) There are no claims pending against the person in respect of occurrences during the time the person was a participating member; and
(2) The statute of limitations has run on all claims that might be asserted against the person in respect of occurrences during that time.
In no event shall repayment be made earlier than the tenth anniversary of the date the contribution was made. [L 1977, c 182, pt of §1; am L 2018, c 18, §30]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-26 Involuntary termination of a member.

§435E-26 Involuntary termination of a member.
The board of trustees shall have the right to terminate the membership of a participating member where the board of trustees determines that such termination is in the best interests of the interindemnity arrangement even though such person has complied with all of the provisions of the trust agreement. Such a termination may be effected only if at least two-thirds of the members of the board of trustees indicate in writing their decision so to terminate. If the board of trustees proposes to terminate a member, the member shall have the right to call a special meeting of all participating members for the purpose of voting on whether or not the member shall be so terminated. The member shall not be terminated if at least two-thirds of the participating members present indicate that the member should not be terminated. In the event a member is terminated, the person may elect either:
(1) To request the return of his or her initial contribution, in which case the same shall be repaid and the indemnity coverage shall thereupon terminate as to all claims then pending against such person and in respect to all occurrences prior to the date of such termination of membership. However, in the event the interindemnity arrangement is then providing legal defense services to such person, the interindemnity arrangement shall continue to provide those services for a period of thirty days to enable such person to assume his or her own defense; or
(2) To release all rights to the return of the initial contribution, in which case the indemnity coverage shall continue for the benefit of the member in respect of occurrences during the time the person was a participating member and the person shall have no responsibility for assessments levied following such termination. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-27 Rights of members.

§435E-27 Rights of members.
Each member participating in an interindemnity arrangement shall have the right of access to, and the inspection of, the books and records of the interindemnity arrangement, subject to reasonable regulation by the board of trustees. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-28 Meeting of members.

§435E-28 Meeting of members.
There shall be a meeting of all members participating in the interindemnity arrangement, at least annually, after not less than ten days' written notice has been given, at a location reasonably convenient to the participating members and on a date which is within a reasonable period of time following the distribution of the annual financial statements. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-29 Termination.

§435E-29 Termination.
The interindemnity arrangement, and the reserve trust fund incident thereto, shall be subject to termination at any time by the vote or written consent of not less than three-fourths of the participating members. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-31 Annual report, certificate of transmittal.

§435E-31 Annual report, certificate of transmittal.
The board of trustees shall cause to be recorded with the commissioner within one hundred twenty days following the end of each fiscal year, a written statement, executed by a majority of the board of trustees under penalty of perjury, reciting that each member participating in the interindemnity arrangement was mailed a copy of the annual financial statement and quarterly audit certificates by first-class mail, postage prepaid, required by section 435E-19. [L 1977, c 182, pt of §1; am L 1982, c 203, §16]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-33 Compensation.

§435E-33 Compensation.
No person shall receive, or be entitled to receive any payment, bonus, salary, income, compensation, or other benefit whatsoever, either from the reserve trust fund or the income therefrom or from any other funds of the interindemnity arrangement or the members thereof based on the number of participating members, or the amount of the reserve trust fund or other funds of the interindemnity arrangement. [L 1977, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-34 Peer review.

§435E-34 Peer review.
(a) A peer review committee or committees shall be established by the trust agreement to review the qualifications of any physician and surgeon to participate or continue to participate in the interindemnity arrangement, and to review the quality of medical services rendered by any participating member, as well as the validity of medical malpractice claims made against participating members.
(b) Any physician and surgeon, prior to becoming a participating member of the interindemnity arrangement, shall be reviewed and approved by a majority of the members of the peer review committee.
(c) No peer review committee, or any of its members, shall be liable for any action taken by the committee in reviewing the qualifications of a physician and surgeon to participate or continue to participate, or the quality of medical services rendered, or the validity of a medical malpractice claim, unless it is alleged and proved that such action was taken with actual malice. [L 1977, c 182, pt of §1]
Cross References
Chiropractic peer review, see §663-1.8.
Health care peer review, see chapter 671D.
Professional society peer review, see §663-1.7.
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-42 Enforcement.

§435E-42 Enforcement.
Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of this chapter, the commissioner may in the commissioner's discretion bring an appropriate action in any circuit court of the State to enjoin the acts or practices or to otherwise enforce this chapter. Upon a proper showing a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the commissioner to post a bond. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-43 Investigation, publication.

§435E-43 Investigation, publication.
The commissioner, in the commissioner's discretion, may:
(1) Make public or private investigations within or outside of this State as the commissioner deems necessary to determine whether any person has violated or is about to violate this chapter, or to aid in the enforcement of this chapter; and
(2) Publish information concerning the violation of this chapter. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985; am L 2018, c 18, §31]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-44 Hearing, subpoena.

§435E-44 Hearing, subpoena.
For the purpose of any investigation or proceeding, the commissioner or any person designated by the commissioner may hold hearings subject to chapter 91. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-45 Refusal to comply.

§435E-45 Refusal to comply.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court, upon application by the commissioner, may issue to the person an order requiring the person to appear before the commissioner or the officer designated by the commissioner, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court shall be punished by the court as a contempt. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 24. Insurance › 435E. Physicians and Surgeons Cooperative Indemnity › 435E-46 Attendance and testimony.

§435E-46 Attendance and testimony.
No person is excused from attending or testifying or from producing any document or record before the commissioner, or in obedience to the subpoena of the commissioner or any officer designated by the commissioner, or in any proceeding instituted by the commissioner, on the ground that the testimony or evidence (documentary or otherwise) required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after validly claiming the individual's privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying. [L 1977, c 182, pt of §1; am L 1982, c 203, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436B. Uniform Professional and Vocational Licensing Act › 436B-1 Short title.

§436B-1 Short title.
This chapter shall be known as and may be cited as the Professional and Vocational Licensing Act. [L 1991, c 111, pt of §2; am L 1992, c 202, §6]