Report Title:
Relating To Mandated Health Coverage
Description:
Repeals Hawaii's Mandated Health Coverage Act.
THE SENATE |
S.B. NO. |
441 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
A BILL FOR AN ACT RELATING TO MANDATED HEALTH COVERAGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Prepaid Health Care Act was enacted in 1974 as a means to provide health care coverage to all of Hawaii's citizens through means of equal sharing of health care costs between an employee and the employer. However, skyrocketing health care costs have caused this benefit to put a strain on businesses, especially small businesses who often are forced to cut back an employee's hours or lay off employees as a means of reducing health care premium costs. Moreover, mandated health care coverage for numerous conditions have been passed since 1974, including 13 new mandates since 1998, adding to the burden on employers. Many of these mandates have also been passed without a review being conducted by the State Auditor and without knowledge of the implications of these mandated benefits.
SECTION 2. Notwithstanding any law to the contrary, Chapter 393, Hawaii Revised Statutes, is hereby repealed in its entirety.
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PREPAID HEALTH CARE ACT
Part I. Short Title; Purpose; Definitions
Section
393-1 Short title
393-2 Findings and purpose
393-3 Definitions generally
393-4 Place of performance
393-5 Excluded services
393-6 Principal and secondary employer defined; coercion,
interference, etc. prohibited
393-7 Required health care benefits
Part II. Mandatory Coverage
393-11 Coverage of regular employees by group prepaid health
care plan
393-12 Choice of plan type and of contractor
393-13 Liability for payment of premium; withholding;
recovery of premium
393-14 Commencement of coverage
393-15 Continuation of coverage in case of inability to earn
wages
393-16 Liability of secondary employer
393-17 Exemption of certain employees
393-18 Termination of exemption
393-19 Freedom of collective bargaining
393-20 Adjustment of employer-sponsored plans
393-21 Individual waivers; additional withholding for
dependents
393-22 Exemption of followers of certain teachings of beliefs
393-23 Joint provision of coverage
393-24 Noncomplying employer held liable for employee's
health care costs
Part III. Administration and Enforcement
393-31 Enforcement by the director
393-32 Rulemaking and other powers of the director
393-33 Penalties; injunction
393-34 Penalties
Part IV. Premium Supplementation
393-41 Establishment of special premium supplementation fund
393-42 Management of the fund
393-43 Disbursements from the fund
393-44 Investment of moneys
393-45 Entitlement to premium supplementation
393-46 Income directly attributable to the business
393-47 Claim of premium supplementation
393-48 Prepaid health care benefits to be paid from the
premium supplementation fund; recovery of benefits
Part V. Termination of Chapter
393-51 Termination of chapter]
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect on January 1, 2004.
INTRODUCED BY: |
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