Mandatory Coverage

HRS div. 1, tit. 21, ch. 393, pt. II

in effect

HRS §393-11 Coverage of regular employees by group prepaid health care plan

393-11. Coverage of regular employees by group prepaid health care plan Every employer who pays to a regular employee monthly wages in an amount of at least 86.67 times the minimum hourly wage, specified in chapter 387, as rounded off by regulation of the director, shall provide coverage of such employee by a prepaid group health care plan qualifying under section 393-7 with a prepaid health care plan contractor in accordance with the provisions of this chapter. [L 1974, c 210, pt of §1]

HRS §393-12 Choice of plan type and of contractor

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

HRS §393-13 Liability for payment of premium; withholding; recovery of premium

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

HRS §393-14 Commencement of coverage

393-14. Commencement of coverage The employer shall provide the coverage required by this chapter for any regular employee, who has been in the employer's employ for four consecutive weeks, at the earliest time thereafter at which coverage may be provided with the prepaid health care plan contractor selected pursuant to this chapter. [L 1974, c 210, pt of §1; gen ch 1985]

HRS §393-15 Continuation of coverage in case of inability to earn wages

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

HRS §393-16 Liability of secondary employer

393-16. Liability of secondary employer An employer who has been notified by an employee, in the form prescribed by the director, that the employer is not the principal employer as defined in section 393-6 shall be relieved of the duty of providing the coverage required by this chapter until the employer is notified by the employee pursuant to section 393-18 that the employer has become the principal employer. The employer shall notify the director, in the form prescribed by the director, that the employer is relieved from the duty of providing coverage or of any change in that status. [L 1974, c 210, pt of §1; gen ch 1993]

HRS §393-17 Exemption of certain employees

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

HRS §393-18 Termination of exemption

393-18. Termination of exemption (a) If an exemption which has been claimed by an employee pursuant to section 393-17 terminates because of any change in the circumstances entitling the employee to claim such exemption, the employee shall promptly notify the principal employer of the termination of the exemption and the employer thereupon shall provide coverage as required by this chapter. (b) If because of a change in the employment situation of an employee or a redetermination by an employee as provided in section 393-6, a principal employer becomes a secondary employer or a secondary employer becomes the principal employer, the employee shall promptly notify the employers affected of such change and the new principal employer shall provide coverage as required by this chapter. [L 1974, c 210, pt of §1]

HRS §393-19 Freedom of collective bargaining

393-19. Freedom of collective bargaining (a) In addition to the policy stated in section 393-2, nothing in this chapter shall be construed to limit the freedom of employees to bargain collectively for different prepaid health care coverage, if the protection provided by the negotiated plan is more favorable to the employees benefited than the protection provided by this chapter or at least equivalent thereto, or for a different allocation of the costs thereof. A collective bargaining agreement may provide that the employer oneself undertakes to provide the health care specified in the agreement. (b) If the employees rendering particular types of services are not covered by the health care provisions of the applicable collective bargaining agreements to which their employer is a party, the provisions of this chapter shall be applicable with respect to them. An employer or group of employers shall be deemed to have complied with the provisions of this chapter if they undertake to provide health care services pursuant to a collective bargaining agreement and the services are available to all other employees not covered by such agreement. [L 1974, c 210, pt of §1; am L 1978, c 199, §2; gen ch 1993]

HRS §393-20 Adjustment of employer-sponsored plans

393-20. Adjustment of employer-sponsored plans Where employees subject to the coverage of this chapter are included in the coverage provisions of an employer-sponsored prepaid health care plan covering similar employees employed outside the State and the majority of such employees are not subject to this chapter, the benefits applicable to the employees covered by this chapter shall be adjusted within one year after the effective date of this chapter so as to meet the requirements of this chapter. [L 1974, c 210, pt of §1]

HRS §393-21 Individual waivers; additional withholding for dependents

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

HRS §393-22 Exemption of followers of certain teachings or beliefs

393-22. Exemption of followers of certain teachings or beliefs This chapter shall not apply to any individual who pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer or other spiritual means. L 1974, c 210, pt of §1

HRS §393-23 Joint provision of coverage

393-23. Joint provision of coverage Employers may form associations for the purpose of jointly providing prepaid health care protection under this chapter for their employees with the contractors authorized to provide such coverage in the State. L 1974, c 210, pt of §1

HRS §393-24 Noncomplying employer held liable for employee's health care costs

393-24. Noncomplying employer held liable for employee's health care costs Any employer who fails to provide coverage as required by this chapter shall be liable to pay for the health care costs incurred by an eligible employee during the period in which the employer failed to provide coverage. [L 1977, c 91, §1]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0393/HRS_0393-.htmFetched: 11/10/2026