Hawaii Revised Statutes
393. Prepaid Health Care Act
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]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

393. Prepaid Health Care Act

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.

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 or beliefs.

393-23 Joint provision of coverage.

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

393-31 Enforcement by the director.

393-32 Rulemaking and other powers of the director.

393-33 Penalties; injunction.

393-34 Penalties.

393-41 Establishment of premium supplementation trust 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.

393-51 REPEALED.