Hawaii Revised Statutes
393. Prepaid Health Care Act
393-33 Penalties; injunction.

§393-33 Penalties; injunction. (a) If an employer fails to comply with section 393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less than $25 or of $1 for each employee for every day during which such failure continues, whichever sum is greater. The penalty shall be assessed under rules and regulations promulgated pursuant to chapter 91 and shall be collected by the director and paid into the trust fund for premium supplementation established by section 393-41. The director may, for good cause shown, remit all or any part of the penalty.
(b) Any employer, employee, or prepaid health care plan contractor who wilfully fails to comply with any other provision of this chapter or any rule or regulation thereunder may be fined not more than $200 for each such violation.
(c) Any employer who fails to initiate compliance with the coverage requirements of section 393-11 for a period of thirty days, may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1974, c 210, pt of §1; am L 1977, c 190, §1; gen ch 1985; am L 2013, c 100, §9]

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.