reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-9 - Involuntary prepayment of indebtedness

Current through June, 2024
If an indebtedness is prepaid by the proceeds of a credit
				  life insurance policy covering the debtor or by a lump sum payment of a
				  disability claim under a credit insurance policy covering the debtor, then it
				  shall be the responsibility of the insurer to see that the following refunds
				  are paid to the beneficiary, other than the creditor, named by the debtor or to
				  the debtor's estate:
(1) In the case
				of prepayment by the proceeds of a credit life insurance policy, an appropriate
				refund of the credit disability premium in accordance with section
				16-6-13;
(2) In the case of
				prepayment by a lump sum disability claim, an appropriate refund of the credit
				life insurance premium in accordance with section 16-6-13; and
(3) In either case, a refund of the unearned
				finance charge computed in accordance with the applicable finance laws or rules
				of this State which apply to voluntary prepayment provided that premiums paid
				to the insurer are based on an amount of insurance which includes unearned
				finance charges.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 3 - PREMIUMS, RATE DEVIATIONS, REFUNDS, AND COLLECTION AND REMITTANCE OF PREMIUMS › Section 16-6-10 - Premium rates

Current through June, 2024
Benefits provided by credit life and credit disability
				  insurance policies must be reasonable in relation to the premium charged. This
				  requirement is assumed to be satisfied without any actuarial or statistical
				  filing if the premium rates do not exceed the provisions of sections
				  16-6-11 and
				  16-6-12.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 3 - PREMIUMS, RATE DEVIATIONS, REFUNDS, AND COLLECTION AND REMITTANCE OF PREMIUMS › Section 16-6-11 - Credit life insurance premium rates

Current through June, 2024
(a) For declining
				balance term credit life insurance, a single premium of forty cents per $100 of
				initial insured indebtedness repayable in equal monthly installments over a
				one-year period. Single premium rates for indebtedness repayable in equal
				monthly installments other than twelve in number shall be one-twelfth of the
				foregoing premium rate multiplied by the number of full months in the scheduled
				repayment period.
(b) When monthly
				premiums are charged on the basis of the then outstanding loan balance, a
				monthly premium rate not to exceed 61.8 cents per $1,000 of outstanding balance
				will be deemed the actuarial equivalent of the forty cents rate.
(c) For single life level term credit life
				insurance, a single premium of seventy-four cents per $100 per annum.
(d) For joint life declining balance term
				credit life insurance, a single premium rate of seventy cents per $100 of
				initial insured indebtedness repayable in twelve equal monthly installments
				over a one-year period.
(e) A
				combination of the appropriate rate for level term and the appropriate rate for
				declining balance term (with equal decrements), if coverage provided is a
				combination of level term and declining balance term (with equal
				decrements).
(f) The actuarial
				equivalent of the rates in subsections (a), (b), (c), (d) and (e) if the
				benefits provided are other than those described in these five subsections, or
				if premiums are to be determined according to the age of the insured debtor or
				by age bracket.
(g) The premium
				rates specified above are presumed reasonable only in relation to a plan of
				death benefits:
(1) Which does not contain
				any exclusions or exceptions, other than suicide within one year of the
				incurred indebtedness; and
(2)
				Which does not contain any age restrictions, or only age restrictions making
				ineligible for coverage debtors age sixty-five or over at the time the
				indebtedness is incurred, or debtors who will have attained age sixty-six or
				over on the maturity date of the indebtedness.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 3 - PREMIUMS, RATE DEVIATIONS, REFUNDS, AND COLLECTION AND REMITTANCE OF PREMIUMS › Section 16-6-13 - Refunds

Current through June, 2024
(a) Section
				431:10B-109,
				HRS, requires that the formula to be used in computing refunds be filed with
				and approved by the insurance commissioner.
(1) Schedules used to compute the refund in
				connection with single premium declining balance term credit life insurance and
				single premium credit disability insurance must provide for a refund at least
				equal to that which would be provided by application of the so-called "Rule of
				78" (also called the "sum of the digits" method).
(2) Schedules used to compute the refund in
				connection with single premium level term credit life insurance must provide
				for a refund at least equal to the amount which would be provided by the "pro
				rata" method.
(3) An appropriate
				combination of the pro rata method for level term and the Rule of 78 method for
				declining balance term if the coverage provided is a combination of level term
				and declining balance term.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 3 - PREMIUMS, RATE DEVIATIONS, REFUNDS, AND COLLECTION AND REMITTANCE OF PREMIUMS › Section 16-6-14 - Collection and remittance of premiums

Current through June, 2024
If the creditor adds identifiable insurance charges or
				  premiums for credit insurance to the indebtedness, and any direct or indirect
				  finance, carrying, credit, or service charge is made to the debtor on such
				  insurance charges or premiums, the creditor must remit and the insurer shall
				  collect on a single premium basis only.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 4 - SUPERVISION OF CREDIT INSURANCE OPERATIONS AND PROHIBITED TRANSACTIONS › Section 16-6-15 - Responsibility of insurer to review each lender's account

Current through June, 2024
(a)
				Each insurer transacting credit insurance in this State shall be responsible to
				make a reasonable review of each creditor's procedures, at least annually, with
				respect to its credit insurance business with such creditor to assure
				compliance with the laws of this State and shall be prepared to exhibit the
				results of such review upon request of the insurance commissioner.
(b) The review required in subsection (a)
				shall include but shall not be limited to:
(1) A determination that the proper rates are
				being charged by the creditor;
(2)
				A determination that the proper refunds are being made;
(3) A determination that all claims are being
				filed and properly handled;
(4) A
				determination that amounts of insurance payable on death in excess of the
				amounts necessary to discharge the indebtedness are properly refunded;
				and
(5) A determination that the
				creditor is promptly and fairly processing complaints concerning its credit
				insurance operations and is maintaining proper procedures for and records of
				the complaints processed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 4 - SUPERVISION OF CREDIT INSURANCE OPERATIONS AND PROHIBITED TRANSACTIONS › Section 16-6-16 - Prohibited transactions

Current through June, 2024
The following practices, when engaged in by insurers in
				  connection with the sale or placement of credit insurance, or as an inducement
				  thereto, shall constitute unfair methods of competition and shall be subject to
				  section
				  431:13-102,
				  HRS:
(1) The offer or grant by an
				insurer to a creditor of any special advantage or any service not set out in
				either the group insurance contract or in the agency contract, other than the
				payment of agents' commissions;
(2)
				Agreement by an insurer to deposit with a bank or financial institution money
				or securities of the insurer with the design or intent that the same shall
				affect or take the place of a deposit of money or securities which otherwise
				would be required of the creditor by such bank or financial institution as a
				compensating balance or offsetting deposit for a loan or other advancement;
				and
(3) Deposit by an insurer of
				money or securities without interest or at a lesser rate of interest than is
				currently being paid by the creditor bank or financial institution to other
				depositors of like amounts. This paragraph shall not be construed to prohibit
				the maintenance by an insurer of such demand deposits or premium deposit
				accounts as are reasonably necessary for use in the ordinary course of the
				insurer's business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 1 - GENERAL PROVISIONS › Section 16-7-1 - Purpose

Current through June, 2024
The purpose of this chapter is to formulate a plan of
				  operation to implement the joint underwriting plan (hereinafter referred to as
				  the "plan") established under the Hawaii medical malpractice underwriting plan,
				  as specified in chapter 435C, HRS, and shall become effective in accordance
				  with chapter
				  91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 1 - GENERAL PROVISIONS › Section 16-7-2 - Membership

Current through June, 2024
(a) All insurers authorized to write casualty
				insurance within this state on a direct basis shall be members of the plan.
				Every casualty insurer shall be a member of the plan and shall remain a member
				as a condition of its authority to continue to transact casualty of insurance
				in this state.
(b) A member may
				terminate membership in the plan as of the close of a fiscal year upon
				terminating its certificate of authority to transact casualty insurance within
				this state. With respect to all policies in effect on the effective date of a
				member's termination, the liability of the terminating member shall cease on
				the expiration date of each policy. Termination of membership shall not
				discharge or otherwise affect liabilities incurred prior to the expiration date
				of policies, and the member shall be charged or credited in due course with its
				proper share of all expenses, losses, and profits allocable thereto.
(c) The fiscal year of the plan shall be
				determined by the board of directors (hereinafter referred to as the
				"board").
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-3 - Members' participation

Current through June, 2024
(a) For the
				purposes of determining the extent of participation by members, insurers under
				common management or ownership shall constitute a single member.
(b) All insurers which are members of the
				plan shall participate in its writings, expenses, servicing allowance,
				management fees, and losses in proportion that the net direct premiums as
				defined in section
				435C-2(3),
				HRS, of each 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;
				provided that any profit realized shall either be considered within the rating
				structure of the plan or returned to the policyholders as a dividend. When the
				plan stops writing insurance any ultimate net profit, after deducting
				contributions, including initial expenses, shall be returned to the
				policyholders as a dividend. Each insurer's participation in the plan shall be
				determined annually on the basis of net direct premiums written during the
				preceding calendar year, as reported in the annual statement and other reports
				filed by the insurer with the insurance commissioner.
(c) No member shall be obligated in any one
				year to reimburse the plan on account of its proportionate share in any deficit
				from operations of the plan in that year an amount in excess of one percent of
				such member's surplus to policyholders. The aggregate amount not so reimbursed
				by reason of the application of this provision shall be reallocated among the
				remaining members in accordance with the method of determining participation
				described in this section, after excluding from such computation the total net
				direct premiums of all members not sharing in such excess deficit. In the event
				the deficit from operations allocated to all members of the plan in any
				calendar year shall exceed one percent of their respective surplus to
				policyholders, the amount of the deficit ishall be allocated to each member in
				accordance with the method of determining participation prescribed in this
				section.
(d) Any deficit sustained
				by the plan shall be recouped by either or both of the following methods:
(1) An assessment upon the
				policyholders;
(2) A rate increase
				applicable prospectively.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-4 - Eligibility

Current through June, 2024
(a) Any physician or hospital as defined in
				this subsection licensed in the State of Hawaii, excluding self-insurer, on or
				after the effective date of the plan of operation shall apply only to the plan
				for primary medical malpractice liability insurance unless considered
				ineligible under the plan. Such application may be made on behalf of the
				applicant by authorized domestic insurer, general agent, subagent, or
				solicitor.
"Hospital" means a public or private institution licensed
				  under chapter
				  12 and 12A of the public health
				  regulations of the department of health, State of Hawaii.
"Physician" means a person with an unlimited license to
				  practice medicine in this state under chapters
				  453 and
				  460, HRS.
(b) If the plan determines that the applicant
				meets the underwriting standards of the plan as provided for in the operating
				principles, and there is no unpaid, uncontested premium due from the applicant
				for prior insurance, then the plan upon receipt of the premium of such portion
				thereof as is prescribed in the operating principles shall cause to be issued a
				policy of medical malpractice liability insurance for a term not exceeding one
				year.
(c) The plan shall have the
				power on behalf of its members to:
(1) Issue,
				or to cause to be issued, policies of insurance on a primary limits basis to
				applicants, including incidental coverages and subject to limits as specified
				in the operating principles but not to exceed $1,000,000 for each claimant
				under one policy and $3,000,000 for all claimants under one policy in any one
				year;
(2) Underwrite such insurance
				and to adjust and pay losses with respect thereto, or to appoint service
				carrier(s) to perform those functions;
(3) Assume reinsurance from its members;
				and
(4) Cede reinsurance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-5 - Board of directors

Current through June, 2024
(a) 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 the 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 insurance commissioner shall
				be the other member and shall be its chairperson.
(b) Each member of the board shall have one
				vote and the affirmative votes of a majority of the members of the board shall
				be required to carry a proposition. A majority of the board shall constitute a
				quorum for the transaction of business and the acts of a majority of the board
				members present at a meeting, at which a quorum is present, shall be the acts
				of the board.
(c) The board shall
				have authority to exercise all reasonable or necessary powers relating to the
				operation of the plan which are not specifically delegated in the plan to
				others or reserved to the members.
(d) Members of the board shall serve without
				compensation. However, they may be reimbursed by the plan for expenses incurred
				by them as board members. Expenses shall be submitted to the board for approval
				and subsequent payment, provided that the approval of a majority of the full
				board shall be required for a total reimbursement to an individual member which
				exceeds $100.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-6 - Board meetings

Current through June, 2024
(a) Regular
				meetings of the board of directors shall be held on the date, at the place
				within the State approved by the board of directors and the hour as designated
				by the board of directors.
(b)
				Special meetings may be called at any time by the commissioner, who shall be
				the chairperson of the board of directors. A special meeting shall be called by
				the chairperson of the board of directors whenever requested in writing by any
				two other members of the board of directors. Notices of special meetings shall
				state the purpose thereof.
(c)
				Notices of all regular and special meetings shall be sent to each member of the
				board of directors and to each person serving as a representative on committees
				which may be created by the board of directors. Each notice shall state the
				purpose of the meeting and include any proposed changes in rules or
				procedures.
(d) Notice of each
				regular meeting of the members of the board of directors shall be given at
				least ten days prior to the date of the meeting by ordinary mail to each member
				of the board of directors at the member's office address according to the
				records of the plan except that notice of a meeting to amend the plan shall be
				given in the manner provided above at least thirty days prior to the date of
				the meeting. Notices of meetings to amend the plan shall include the proposed
				amendments. The time of all notices shall run from date of mailing the
				notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-7 - Administration

Current through June, 2024
The board may appoint a general manager and such committees
				  and engage such other personnel as it deems appropriate to carry out the
				  operations of the plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-8 - Appointment of servicing carriers

Current through June, 2024
The board of directors, pursuant to its operating
				  principles, may designate one or more of its eligible members to act as a
				  servicing carrier. Additional servicing carriers may be designated as
				  necessary. The board of directors shall provide for the establishment of the
				  scope, terms, standards, and compensation applicable to the services to be
				  provided. Servicing carriers so designated must meet the eligibility
				  requirements for servicing carriers approved by the board. Any domestic
				  insurer, general agent, subagent, or solicitor licensed to write casualty
				  insurance in the State of Hawaii shall place business through a designated
				  servicing carrier or carriers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-9 - Servicing carrier(s)

Current through June, 2024
(a) In selecting a
				servicing carrier or carriers the board should satisfy itself that the
				servicing carrier possesses sufficiently experienced and qualified personnel to
				properly underwrite medical malpractice business in the State of Hawaii and to
				properly service claims that arise therefrom.
(b) The servicing carrier must have the
				ability to collect the necessary data to disburse commission payments to agents
				on behalf of the plan and have the ability to store the data and report same to
				the Internal Revenue Service annually, if required.
(c) The servicing carrier must generate the
				statistical and accounting information in report format required. The required
				content and format of these reports are to be set out in the operating
				principles.
(d) The board of
				directors, in its sole discretion, may offer or allow a servicing carrier
				reimbursement in whole or in part for specific extraordinary expense incurred
				in qualifying for, continuing as or ceasing to be a servicing carrier. The
				expense must be explained and supported in detail as required by the board of
				directors, must be in its judgment significantly in excess of the normal
				additional expense expected to beincurred by the carrier, and must be actually
				incurred before reimbursement.
(e)
				The board of directors may in its discretion authorize reimbursement of the
				servicing carrier for normal operating expenses incurred in connection with
				plan business. The normal operating expenses shall be defined and designated by
				the board but shall not include any loss or expense incurred as a result of
				fraud or dishonesty on the part of the servicing carrier's personnel
				(including, but not limited to, independent adjusters and agents), and each
				servicing carrier shall hold the plan harmless from and reimburse it for any
				loss or expense arising out of fraud or dishonesty charged to the
				plan.
(f) The designation of a
				servicing carrier may be withdrawn at the option of the servicing carrier or
				the board of directors on the giving of four months' written notice to the
				other. Such arrangement may also be terminated at any time by mutual agreement
				of the servicing carrier and the board of directors or terminated by the board
				of directors for just cause.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-10 - Joint liability for plan business

Current through June, 2024
(a) In the event of
				the failure of any member, through insolvency or otherwise, to pay promptly its
				portion of any loss or expense after the board of directors shall have made
				written demand upon it to pay the loss or expense, the board shall report the
				delinquency to the insurance commissioner for appropriate action.
(b) If the loss or expense remains unpaid
				beyond a reasonable period, all of the other members, upon notification by the
				board, shall promptly pay their respective shares, each contributing its
				respective share as provided in section 16-7-3 with the basis of sharing
				adjusted to exclude the premiums written of the member in default. Members
				which have made contributions shall have the right of recovery therefor against
				the member in default, provided, the board of directors may enter into an
				agreement with any such member in default, or with the legal representative
				thereof, upon an amount which shall constitute a full settlement of all of the
				obligations of said member to the remaining members.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-11 - Indemnification

Current through June, 2024
(a) Any person or member made a party to any
				action, suit, or proceeding because the person or member:
(1) Serves or served on the board of
				directors or a committee of the plan; or
(2) Is or was an officer or employee of the
				plan, except for the insurance commissioner and the insurance commissioner's
				representatives,
shall be indemnified by the plan against all costs
				  (including the amounts of judgments and interest thereon, settlements, fines,
				  or penalties) and expenses incurred in connection with the action, suit, or
				  proceeding; provided such indemnification shall not be provided on any matter
				  in which the person or member shall be finally adjudged in any such action,
				  suit, or proceeding to have committed a breach of duty involving bad faith,
				  dishonesty, wilful misfeasance or reckless disregard of the person's
				  responsibilities. Indemnification shall be provided only if the plan is advised
				  by its counsel that the person or member to be indemnified did not in counsel's
				  opinion commit such a breach of duty.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-12 - Records and reports

Current through June, 2024
(a) The books of
				account, records, reports and other documents of the plan shall be open to
				inspection by all persons including members at such times and under such
				conditions and regulations as the board shall determine.
(b) 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 commissioner may,
				at any time, require the plan to furnish additional matter connected therewith
				considered to be material and of assistance in evaluating the scope, operation
				and experience of the plan.
(c) For
				purposes of establishing a basis for allocation of the servicing carrier's and
				the board's expenses plus losses, each company licensed to write casualty
				insurance in this state shall report statistical information required by the
				operating principles to the board or permit its statistical agencies,
				designated by the company, to report the statistical information to the
				board.
(d) This section shall not
				apply to records which invade the right of privacy of the individual.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-13 - Auditing of members

Current through June, 2024
(a) The board of
				directors may audit the records of any member relating to the subject matter of
				the plan of operation or the operating principles and may by rule establish
				what policies, records, books of account, documents, and related materials are
				necessary to carry out its functions. Such material shall be provided by the
				members in the form and with the frequency reasonably required by the
				plan.
(b) The costs and expenses of
				the audit shall be paid for by the members in accordance with section
				16-7-3(b).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-14 - Examinations

Current through June, 2024
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 431-54, HRS.
				  The expenses of every such examination shall be paid by the plan in the manner
				  prescribed by section 431-59, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-15 - Member termination

Current through June, 2024
(a) In the event a
				member company discontinues as a member of the plan, it shall continue to pay
				assessments until its proportionate share has been determined and paid;
				provided that if the casualty business of a company has been purchased by,
				transferred to, or reinsured by another company, the latter shall receive the
				assessments of the former until the proportionate share of the former has been
				determined and paid, unless another company has agreed, in manner satisfactory
				to the insurance commissioner, to assume such obligation.
(b) In the event that a company is merged
				with another company or there is a consolidation of companies, the continuing
				company shall receive the assessments of the company merged or consolidated
				until the proportionate share of such merged or consolidated company prior to
				such merger or consolidation has been determined and paid; provided the
				continuing company may be relieved from such obligations if another company has
				agreed, in a manner satisfactory to the insurance commissioner, to assume such
				obligations.
(c) For purposes of
				this section only, insurers under common management or ownership shall not
				constitute a single member. Extent of participation will still be governed by
				section 16-7-3.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 2 - THE PLAN › Section 16-7-16 - Plan fund

Current through June, 2024
There is established a fund into which payments by insurers
				  and others, as may be prescribed or permitted by the board of directors, shall
				  be deposited and held by the board and from which disbursements may be made
				  upon authorization of the board of directors for carrying out the purposes of
				  the plan. The funds may be invested and reinvested in such investments as are
				  permitted under chapter
				  431, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-17 - Policy forms and rates

Current through June, 2024
(a) All policies
				issued by the plan shall be written for a period of one year to commence at
				12:01 a.m. on their respective effective dates and terminating at 12:01 a.m.
				one year thereafter; provided policies issued by the plan may be written for a
				period of less than one year in order to provide for a common expiration date
				of all policies. As determined by the board, all such policies issued by the
				plan, which shall be written on either the "occurrence" basis or the "claims
				made" basis, shall not contain a provision which requires as a condition
				precedent to settlement or compromise of any claim, the consent or acquiescence
				of the insured.
(b) Policies issued
				by the plan may not be cancelled or refused renewal by the plan except when:
(1) The license of an insured physician is
				revoked or suspended by the board of medical examiners; or
(2) Premium payments are not made after a
				reasonable demand therefor; or
(3)
				The board reasonably believes that a licensed physician or hospital is no
				longer an insurable risk.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-18 - Underwriting standards

Current through June, 2024
New and renewal applications for insurance under the plan
				  shall be submitted to the servicing carrier through the office of the plan. All
				  new and renewal applications shall be reviewed by the carrier for completeness,
				  and subjected to the regular scrutiny for the purposes of evaluation as to
				  insurability. If the servicing carrier determines that an application does not
				  meet the standards for insurability, taking into consideration claims history,
				  ethical violations, mode of practice, physical conditions, safety practices,
				  and other factors material to the risk, the servicing carrier shall refer the
				  application to the office of the plan and in turn it will be referred to such
				  subcommittee as necessary to determine the insurability.
Review boards consisting of not less than five nor more than
				  nine members appointed by the board of directors from a list of nominees
				  submitted by the Hawaii Medical Association and the Hawaii Hospital Association
				  shall be established. The members of the review boards shall serve for terms of
				  two years providing that primary appointments shall be made in such a manner
				  that not more than two-thirds of the review board shall leave office in any one
				  year. The review board shall examine all applications that are referred to it
				  by the board of directors.
The review board may confer with consultants, examine
				  records of peer review committees relating to the applicant, and conduct such
				  other investigatory procedures that they deem necessary to arrive at a
				  satisfactory evaluation of such application. The review board may recommend to
				  the board of directors non-issuance of the policy that has been applied for,
				  the issuance of a binder for a limited time, or the issuance of a policy. The
				  applicant may appeal the decision as provided for under section
				  435C-7,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-19 - Reports

Current through June, 2024
The plan shall provide for the making of detailed reports of
				  casualty insurance assumed or cancelled, for the drawing up of annual budgets
				  of the plan and for the rendering of accounts to each member at least every
				  twelve months during the continuance of membership. The books of account of the
				  servicing carrier may be audited by a firm of independent auditors designated
				  by the board of directors.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-20 - Extra hazardous risks

Current through June, 2024
If an applicant presents a risk which is greater than that
				  contemplated by the rate normally applicable hereunder, the servicing carrier
				  shall consult with the board before submission to the insurance commissioner
				  for an increase in such rate. An increase in rate approved by the insurance
				  commissioner shall be deemed to include any applicable additional charge. Rates
				  for such extra hazardous risks must comply with section 431-694(h),
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-21 - Commissions

Current through June, 2024
The commission payable to general agents by the servicing
				  carrier on business written pursuant to the plan shall be at the following
				  rates:
(1) Five per cent of written
				premium for the first $2,500;
(2)
				Three per cent of written premium for the next $2,500; and
(3) Two per cent of written premium over
				$5,000.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-22 - Servicing carrier(s)

Current through June, 2024
(a) The plan may
				authorize the servicing carrier to bind coverage and issue policies on behalf
				of the plan and do those things necessary and incidental thereto, including the
				collection and transmission of premium to the plan and payment of commission to
				the general agent.
(b) The
				servicing carrier shall pay premium taxes at a rate of 2.6325 per cent on plan
				business.
(c) Companies applying to
				the board to be servicing carriers will be required to estimate any start-up
				and shut-down expense. It will be the responsibility of the board of directors
				to make the judgments as to what costs are extraordinary, and give due
				consideration to any extraordinary expense reimbursement applied for or
				expected.
(d) The servicing
				carrier, if directed to do so by the plan may bind coverage for up to thirty
				days and will issue policies on behalf of the plan but if coverage is bound the
				servicing carrier must issue insurance policies to applicants by the expiration
				date of the thirty-day binders.
(e)
				The servicing carrier must have the ability to carry out all necessary
				accounting procedures as outlined by these operating principles. These
				insurance accounting procedures, if applicable, will include, but not be
				limited to:
(1) Billing and
				collection.
(2) Commission payments
				and statements to producers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN › Subchapter 3 - OPERATING PRINCIPLES › Section 16-7-23 - Servicing carrier allowances

Current through June, 2024
(a) Servicing
				carrier shall be reimbursed for plan business on the following basis:
(1) Ten percent of written premium for
				operating costs, which shall include loss prevention and inspection services,
				but exclude claim expense, agents' commissions, and taxes;
(2) Actual dollars of commission paid to the
				authorized agent;
(3) Actual amount
				of premium taxes paid;
(4)
				Allocated loss adjustment expenses shall be charged against the plan as part of
				the incurred loss; and
(5)
				Unallocated loss adjustment expenses shall be charged at an amount equal to ten
				per cent of the sum of the reported losses incurred plus the allocated loss
				adjustment expense.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-1 - Purposes

Current through June, 2024
The purposes of this chapter are:
(1) To provide for the reasonable
			 standardization of coverage and simplification of terms and benefits of
			 Medicare supplement policies;
(2)
			 To facilitate public understanding and comparison of the policies;
(3) To eliminate provisions contained in the
			 policies which may be misleading or confusing in connection with the purchase
			 of the policies or with the settlement of claims; and
(4) To provide for full disclosures in the
			 sale of accident and sickness insurance coverages to persons eligible for
			 Medicare.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-2 - Applicability and scope

Current through June, 2024
(a) Except as
			 otherwise specifically provided in sections
			 16-12-5.4,
			 16-12-6.4,
			 16-12-7,
			 16-12-8,
			 and
			 16-12-12.6,
			 this chapter shall apply to:
(1) All Medicare
			 supplement policies delivered or issued for delivery in this State on or after
			 the effective date of this chapter; and
(2) All certificates issued under group
			 Medicare supplement policies which certificates have been delivered or issued
			 for delivery in this State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-2.3 - Laws applicable

Current through June, 2024
Article 10A, part I, of chapter 431, HRS, governing individual
				accident and sickness policies shall apply to Medicare supplement policies
				unless expressly inconsistent with article 10A, part III, of chapter 431, HRS,
				and this chapter, in which case part III and this chapter shall prevail.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-4 - Policy definitions and terms

Current through June, 2024
(a) No policy or
			 certificate may be advertised, solicited, or issued for delivery in this State
			 as a Medicare supplement policy or certificate unless the policy or certificate
			 contains definitions or terms which conform to the requirements of this
			 section.
(b) "Accident,"
			 "accidental injury," or "accidental means" shall be defined to employ "result"
			 language and shall not include words which establish an accidental means test
			 or use words such as "external, violent, visible wounds," or similar words of
			 description or characterization.
(1) The
			 definition shall not be more restrictive than the following: "Injury or
			 injuries for which benefits are provided means accidental bodily injury
			 sustained by the insured person which is the direct result of an accident,
			 independent of disease or bodily infirmity or any other cause, and occurs while
			 insurance coverage is in force."
(2) The definition may provide that injuries
			 shall not include injuries for which benefits are provided or available under
			 any workers' compensation, employer's liability or similar law, or motor
			 vehicle no-fault plan, unless prohibited by law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-5 - Policy provisions

Current through June, 2024
(a) Except for
			 permitted preexisting condition clauses as described in paragraphs
			 16-12-5.4(b)(1),
			 16-12-5.5(b)(1),
			 and
			 16-12-5.6(b)(1)
			 of this chapter, no policy or certificate may be advertised, solicited or
			 issued for delivery in this State as a Medicare supplement policy if the policy
			 or certificate contains limitations or exclusions on coverage that are more
			 restrictive than those of Medicare.
(b) No Medicare supplement policy or
			 certificate may use waivers to exclude, limit, or reduce coverage or benefits
			 for specifically named or described preexisting diseases or physical
			 conditions.
(c) No Medicare
			 supplement policy or certificate in force in this State shall contain benefits
			 which duplicate benefits provided by Medicare.
(d)
(1)
			 Subject to paragraphs
			 16-12-5.4(b)(4),
			 16-12-5.4(b)(5),
			 16-12-5.4(b)(7),
			 16-12-5.5(b)(4),
			 and
			 16-12-5.5(b)(5),
			 a Medicare supplement policy with benefits for outpatient prescription drugs in
			 existence prior to January 1, 2006, shall be renewed for current policyholders
			 who do not enroll in Part D at the option of the policyholder.
(2) A Medicare supplement policy with
			 benefits for outpatient prescription drugs shall not be issued after December
			 31, 2005.
(3) After December 31,
			 2005, a Medicare supplement policy with benefits for outpatient prescription
			 drugs may not be renewed after the policyholder enrolls in Medicare Part D
			 unless:
(A) The policy is modified to
			 eliminate outpatient prescription coverage for expenses of outpatient
			 prescription drugs incurred after the effective date of the individual's
			 coverage under a Part D plan; and
(B) Premiums are adjusted to reflect the
			 elimination of outpatient prescription drug coverage at the time of Medicare
			 Part D enrollment, accounting for any claims paid, if applicable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 12 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS › Section 16-12-6.05 - Standard Medicare supplement benefit plans for 2010 standardized Medicare supplement benefit plan policies or certificates issued or delivered with an effective date for coverage on or after June 1, 2010

Current through June, 2024
(a)
			 The following standards are applicable to all Medicare supplement policies or
			 certificates delivered or issued for delivery in this State with an effective
			 date for coverage on or after June 1, 2010. No policy or certificate may be
			 advertised, solicited, delivered, or issued for delivery in this State as a
			 Medicare supplement policy or certificate unless it complies with these benefit
			 plan standards. Benefit plan standards applicable to Medicare supplement
			 policies and certificates issued with an effective date for coverage before
			 June 1, 2010, remain subject to the requirements of sections
			 16-12-5.5
			 or
			 16-12-6.
(b)
(1) An
			 issuer shall make available to each prospective policyholder and certificate
			 holder a policy form or certificate form containing only the basic (core)
			 benefit, as defined in section
			 16-12-5.6(c).
(2) If an issuer makes available any of the
			 additional benefits described in section
			 16-12-5.6(d)
			 or offers standardized benefit Plans K or L (as described in paragraphs (f)(8)
			 or (f)(9)), then the issuer shall make available to each prospective
			 policyholder and certificate holder, in addition to a policy form or
			 certificate form with only the basic (core) benefits as described in paragraph
			 (b)(1), a policy form or certificate form containing either standardized
			 benefit Plan C (as described in paragraph (f)(3)) or standardized benefit Plan
			 F (as described in paragraph (f)(5)).