§386-198 Group membership; termination, liability. (a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for membership to the board of trustees or its administrator and enter into the indemnity agreement required by section 386-194(b). Membership shall take effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees.
(b) Each member of a group shall be subject to cancellation by the group pursuant to the bylaws of the group. In addition, each member may elect to terminate participation in the group. The group shall notify the insurance commissioner and department of labor and industrial relations of the termination or cancellation of a member within ten days. The group shall maintain coverage of each canceled or terminated member for thirty days after the notice, at the terminating member's expense, unless the group is notified sooner by the department that the canceled or terminated member has procured workers' compensation insurance, has become an approved self-insurer, or has become a member of another group.
(c) The group shall pay all workers' compensation benefits for which each member incurs liability during the member's period of membership. A member who elects to terminate its membership or is canceled by a group remains jointly and severally liable for workers' compensation obligations of the group and its members which were incurred during the canceled or terminated member's period of membership.
(d) A group member is not relieved of its workers' compensation liabilities incurred during its period of membership, except through payment by the group or the member of required workers' compensation benefits.
(e) The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation benefits incurred during the insolvent or bankrupt member's period of membership. [L 1986, c 304, pt of §1]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
386. Workers' Compensation Law
386-2 Definitions relating to family relationships.
386-5 Exclusiveness of right to compensation; exception.
386-6 Territorial applicability.
386-7 Interstate and foreign commerce and maritime employment.
386-8 Liability of third person.
386-8.5 Limits of third party liability.
386-9 Contracting out forbidden.
386-10 Out of state employers.
386-21 Medical care, services, and supplies.
386-21.5 Publication of fees by prepaid health care plan contractors.
386-21.7 Prescription drugs; pharmaceuticals.
386-22 Artificial member and other aids.
386-23.5 Services of attendant, allowance adjustments.
386-23.6 Weekly benefit adjustments for recipients of services of attendants.
386-24 Medical rehabilitation.
386-25 Vocational rehabilitation.
386-26 Guidelines on frequency of treatment and reasonable utilization of health care and services.
386-27 Qualification and duties of health care providers.
386-28 Opioid therapy; qualifying injured employees; informed consent process.
386-29 Qualifying injured employees; initial concurrent prescriptions; opioids and benzodiazepines.
386-33 Subsequent injuries that would increase disability.
386-41 Entitlement to and rate of compensation.
386-43 Duration of dependents' weekly benefits.
386-44 Effect of erroneous payment; insanity of beneficiary.
386-51 Computation of average weekly wages.
386-51.5 Limited liability in concurrent employment.
386-52 Credit for voluntary payments and supplies in kind.
386-53 Nonweekly periodic payments.
386-54 Commutation of periodic payments.
386-55 Trustee in case of lump sum payments.
386-56 Payment from the special compensation fund in case of default.
386-57 Legal status of right to compensation and compensation payments.
386-71 Duties and powers of the director in general.
386-73 Original jurisdiction over controversies.
386-73.5 Proceedings to determine employment and coverage.
386-79 Medical examination by employer's physician.
386-80 Examination by impartial physician.
386-81 Notice of injury; waiver.
386-82 Claim for compensation; limitation of time.
386-83 When claim within specified time is unnecessary or waived.
386-84 Limitation of time with respect to minors and mentally incompetent.
386-86 Proceedings upon claim; hearings.
386-87 Appeals to appellate board.
386-87.1 Standing to intervene in appeals.
386-89 Reopening of cases; continuing jurisdiction of director.
386-90 Conforming prior decisions on appeal.
386-91 Enforcement of decisions awarding compensation; judgment rendered thereon.
386-92 Default in payments of compensation, penalty.
386-94 Attorneys, physicians, other health care providers, and other fees
386-95 Reports of injuries, other reports, penalty.
386-96 Reports of physicians, surgeons, and hospitals.
386-98 Fraud violations and penalties.
386-99 Posting of information.
386-100 Deductible option for medical benefits in insurance policy.
386-121 Security for payment of compensation; misdemeanor.
386-123 Failure to give security for compensation; penalty; injunction.
386-124 The insurance contract.
386-124.5 Insurer's requirements; failure to maintain claims service office; penalty; injunction.
386-125 Knowledge of employer imputed to insurance carrier.
386-126 Insolvency of employer not to release insurance carrier.
386-127 Cancellation of insurance contracts.
386-128 Insurance by the State, counties, and municipalities.
386-129 Employees not to pay for insurance; penalty.
386-142 Employment rights of injured employees.
386-151 Special compensation fund established and maintained.
386-152 Levy and charges to finance special compensation fund.
386-153 Levy on insurers of employers insured under section 386-121(a)(1).
386-154 Charge against employers not insured under section 386-121(a)(1).
386-154.5 Special assessments.
386-161 Who entitled to compensation.
386-171 Volunteer personnel, medical, etc., expenses.
386-172 Administration and procedure.
386-173 Time for giving notice, etc.
386-193 Authority to act as workers' compensation self-insurance group.
386-195 Certificate of approval; termination.
386-197 Board of trustees; membership, powers, duties, and prohibitions.
386-198 Group membership; termination, liability.
386-201 Financial statements and other reports.
386-202 Misrepresentation prohibited.
386-204 Rates and reporting of rates.
386-206 Premium payment; reserves.
386-207 Deficits and insolvencies.
386-210 Cease and desist orders.