§432D-32 Prohibition of preexisting condition exclusions. (a) No individual or group health maintenance organization policy, contract, plan, or agreement issued or renewed in this State shall impose any preexisting condition exclusion.
(b) For purposes of this section, a "preexisting condition exclusion" means a limitation or exclusion of benefits, including a denial of coverage, based on the fact that the condition was present before the effective date of coverage (or if coverage is denied, the date of the denial) under an individual or group health maintenance organization policy, contract, plan, or agreement, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before that day and includes any condition.
The term "preexisting condition exclusion" includes any limitation or exclusion of benefits, including a denial of coverage, applicable to an individual as a result of information relating to an individual's health status before the individual's effective date of coverage (or if coverage is denied, the date of the denial) under an individual or group health maintenance organization policy, contract, plan, or agreement, such as a condition identified as a result of a pre-enrollment questionnaire or physical examination given to the individual, or review of medical records relating to the pre-enrollment period. [L 2018, c 111, pt of §5]
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.