General Provisions

HRS div. 1, tit. 9, ch. 103F, pt. I

in effect

HRS §103F-101 Application of this chapter

103F-101. Application of this chapter (a) This chapter shall apply to all contracts made by state agencies and may be used by county agencies to provide health or human services to Hawaii's residents; provided that this chapter shall not apply to: (1) Contracts to award grants of state funds appropriated by the legislature to a specific organization or individual; (2) Transactions between or among government agencies, including but not limited to agreements, contracts, and grants; (3) Transactions expressly exempt from the requirements of this chapter; and (4) Transactions that the chief procurement officer determines are exempt under rules adopted by the policy board. (b) This chapter shall only apply to contracts solicited or entered into after July 1, 1998, unless the parties agree to its application to a contract solicited or entered into prior to that date. (c) Nothing in this chapter or rules adopted hereunder shall prevent any state or county agency from complying with the terms or conditions of any grant, bequest, or cooperative agreement, or from satisfying any requirement of federal statute or regulation to avoid the loss or reduction of federal assistance. [L 1997, c 190, pt of §2; am L 2002, c 182, §5; am L 2003, c 9, §4; am L 2005, c 169, §1; am L 2014, c 96, §14]

HRS §103F-102 Definitions

103F-102. Definitions As used in this chapter, unless the context clearly requires otherwise: "Administrator" means the administrator of the state procurement office. "Agency" means any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs. "Chief procurement officer" means those officials designated by section 103D-203. "Contract" means all types of agreements, regardless of what they may be called. "Contract amendment" means any written alteration of scope of services, time of delivery, payment terms, amount of payment, or other provisions of any contract accomplished by mutual action of the parties to the contract. "Data" means recorded information, regardless of form or characteristic. "Health and human services" means services to communities, families, or individuals which are intended to maintain or improve health or social well-being. "Provider" means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf. "Purchasing agency" means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public. "Request for proposals" means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency. "Scope of service" means any description of the type of activity, including but not limited to, number served, outcomes being sought, target group, and geographic area in which the activity takes place. "Treatment" means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. [L 1997, c 190, pt of §2]

HRS §103F-103 Education and training

103F-103. Education and training The administrator of the state procurement office, either alone or in cooperation with the heads of the purchasing agencies, may develop a comprehensive education and training program for the purchase of health and human services. The program shall be available to agency employees, providers, and all other interested members of the public. [L 1997, c 190, pt of §2]

HRS §103F-104 Exemption from chapter 103D

103F-104. Exemption from chapter 103D Contracts to purchase health and human services required to be awarded pursuant to this chapter shall be exempt from the requirements of chapter 103D, unless a provision of this chapter imposes a requirement of chapter 103D on the contract or purchase. [L 1997, c 190, pt of §2]

HRS §103F-105 Preventing impairment of federal funds

103F-105. Preventing impairment of federal funds This chapter shall be liberally construed to not hinder or impede a state agency's application for, or receipt and use, of federal funds. L 1997, c 190, pt of §2

HRS §103F-106 Authority of the procurement policy board

103F-106. Authority of the procurement policy board The policy board established under section 103D-201 shall adopt all rules necessary to implement this chapter. All rules shall be adopted in accordance with chapter 91. The policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by chief procurement officers. The policy board may audit and monitor implementation of its rules and the requirements of this chapter, but shall not exercise authority over the award or administration of any particular contract, or over any dispute or claim arising from a contract. [L 1997, c 190, pt of §2; am L 1998, c 267, §1]

HRS §103F-107 Medicaid contracts; nonprofits and for-profits; reporting requirements

103F-107. Medicaid contracts; nonprofits and for-profits; reporting requirements (a) All nonprofit or for-profit medicaid healthcare insurance contractors, within one hundred and eighty days following the close of each fiscal year, shall submit an annual report to the department of human services, the insurance division of the department of commerce and consumer affairs, and the legislature. The report shall be attested to by a plan executive located within the State and shall be made accessible to the public. The report shall be based on contracts administered in the State and shall include: (1) An accounting of expenditures of MedQuest contract payments for the contracted services, including the percentage of payments: (A) For medical services; (B) For administrative costs; (C) Held in reserve; and (D) Paid to shareholders; (2) Employment information including: (A) Total number of full-time employees hired for the contracted services; (B) Total number of employees located in the State and the category of work performed; and (C) The compensation provided to each of the five highest paid Hawaii employees and to each of the five highest paid employees nationwide, and a description of each position; (3) Descriptions of any ongoing state or federal sanction proceedings, prohibitions, restrictions, ongoing civil or criminal investigations, and descriptions of past sanctions or resolved civil or criminal cases, within the past five years and related to the provision of medicare or medicaid services by the contracting entity, to the extent allowed by law; (4) Descriptions of contributions to the community, including the percentage of revenue devoted to Hawaii community development projects and health enhancements; provided that contracted services shall not be included in the percentage calculation; and (5) A list of any management and administrative service contracts for MedQuest services made in Hawaii and outside of the State, including a description of the purpose and cost of those contracts. (b) The department of human services shall include in all medicaid healthcare insurance plan contracts, the annual reporting requirements of subsection (a). (c) Any contract under this section shall be governed by the laws of the State of Hawaii. (d) Within ninety days of receipt of the reports required by this section, the department of human services shall provide a written analysis and comparative report to the legislature. [L Sp 2009, c 12, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103F/HRS_0103F-.htmFetched: 11/10/2026