§432D-19 Statutory construction and relationship to other laws. (a) Except as provided in subsection (d) and otherwise provided in this chapter, the insurance laws and hospital or medical service corporation laws shall not apply to the activities authorized and regulated under this chapter of any health maintenance organization granted a certificate of authority under this chapter. This chapter shall not apply to an insurer or hospital or medical service corporation licensed and regulated pursuant to the insurance laws or the hospital or medical service corporation laws of this State except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(b) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.
(c) Any health maintenance organization granted a certificate of authority under this chapter shall not be deemed to be practicing medicine or osteopathic medicine and shall be exempt from the provision of chapter 453 relating to the practice of medicine or osteopathic medicine.
(d) Article 2, article 2D, part IV of article 3, article 6, part III of article 7, article 9A, article 13, article 14G, and article 15 of chapter 431, and sections 431:3-301, 431:3-302, 431:3-303, 431:3-304, 431:3-305, 431:10-225, and 431:10-226.5, and the powers granted by those provisions to the commissioner shall apply to health maintenance organizations, so long as the application in any particular case is in compliance with and is not preempted by applicable federal statutes and regulations. [L 1995, c 179, pt of §1; am L 1998, c 178, §4; am L 2002, c 74, § §4, 6; am L 2003, c 3, §22; am L 2007, c 175, §4; am L 2009, c 11, §54; am L 2011, c 80, §9; am L 2012, c 251, §14; am L 2013, c 56, §2; am L 2014, c 186, §16; am L 2016, c 141, §20]
Structure Hawaii Revised Statutes
432D. Health Maintenance Organization Act
432D-1.5 Bona fide trade associations.
432D-2 Establishment of health maintenance organizations.
432D-3 Powers of health maintenance organizations.
432D-4 Fiduciary responsibilities.
432D-5 Annual and quarterly reports.
432D-6 Information to enrollees or subscribers.
432D-8 Protection against insolvency.
432D-9 Uncovered expenditures insolvency deposit.
432D-9.5 Reserve credit for reinsurance.
432D-12 Powers of insurers and hospital and medical service corporations.
432D-14 Suspension, revocation, or denial of certificate of authority.
432D-15 Rehabilitation, liquidation, or conservation of health maintenance organizations.
432D-16 Summary orders and supervision.
432D-18 Penalties and enforcement.
432D-19 Statutory construction and relationship to other laws.
432D-20 Filings and reports as public documents.
432D-21 Confidentiality of medical information.
432D-22 Acquisition of control of or merger of a health maintenance organization.
432D-23 Required provisions and benefits.
432D-23.5 Coverage for telehealth.
432D-23.6 Federally funded programs; exemption.
432D-24 Coordination of benefits.
432D-25 Disclosure of health care coverage and benefits.
432D-26 Genetic information nondiscrimination in health insurance coverage.
432D-27 Policies relating to domestic abuse cases.
432D-28 Federal law compliance.
432D-29 Prohibition on rescissions of coverage.
432D-30 Medication synchronization; proration; dispensing fees.
432D-31 Extension of dependent coverage.
432D-32 Prohibition of preexisting condition exclusions.
432D-33 Prohibited discrimination in premiums or contributions.