Hawaii Administrative Code

Notwithstanding the provisions of section 16-1-5(b) and (c), two copies of any portion of the report referred to in section 16-1-5(b) which comments upon or refers to any solicitation subject to this section, or to any participant in any solicitation, other than the solicitation …

No domestic stock insurer, or any director, officer, or employee of the insurer subject to section 16-1-1, or any other person, shall solicit, or permit the use of the person's name to solicit, by mail or otherwise, any proxy, consent, or authorization in respect of any stock of …

Unless proxies, consents, or authorizations in respect of a stock of a domestic insurer subject to section 16-1-1 are solicited by or on behalf of the management of the insurer from the holders of record of stock of the insurer in accordance with this chapter and the schedules th…

(a) The terms "solicit" and "solicitation" for purposes of this chapter shall include: (1) Any request for a proxy, whether or not accompanied by or included in a form of proxy; or (2) Any request to execute or not to execute, or to revoke, a proxy; or (3) The furnishing of a pro…

(a) No solicitation subject to this chapter shall be made unless the person solicited is concurrently furnished or has previously been furnished with a written proxy statement containing the information in the exhibit entitled "Schedule A" at the end of this chapter. (b) If the s…

(a) The form of proxy shall: (1) Indicate in bold-face type whether or not the proxy is solicited on behalf of the management; (2) Provide a specifically designated blank space for dating the proxy; and (3) Identify clearly and impartially each matter or group of related matters …

(a) Two preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished to stockholders concurrently therewith shall be filed with the insurance commissioner at least ten days prior to the date definitive copies of the material are fi…

No solicitation subject to this chapter shall be made by means of any proxy statement, form of proxy, notice of meeting, or other communication, written or oral, containing any statement which at the time and in the light of the circumstances under which it is made, is false or m…

No person making a solicitation which is subject to this chapter shall solicit any undated or postdated proxy or any proxy which provides that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the stockholder. Notes Haw. Code R. § 16-1-…

(a) The following standards are applicable to all Medicare supplement policies or certificates delivered or issued for delivery in this State with an effective date for coverage on or after June 1, 2010. No policy or certificate may be advertised, solicited, delivered, or issued …

(a) No policy or certificate that provides coverage of the Medicare Part B deductible may be advertised, solicited, delivered, or issued for delivery in this State as a Medicare supplement policy or certificate to individuals newly eligible for Medicare on or after January 1, 202…

(a) (1) This section shall apply to Medicare Select policies and certificates, as defined in this section. (2) No policy or certificate may be advertised as a Medicare Select policy or certificate unless it meets the requirements of this section. (b) For the purposes of this sect…

(a) Any accident and sickness insurance policy or certificate other than a Medicare supplement policy, any policy issued pursuant to a contract under Section 1876 of the Federal Social Security Act (42 U.S.C. Section 1395 et seq.), any disability income policy, or any other polic…

(a) Application forms shall include questions designed to elicit information as to whether, as of the date of the application, the applicant currently has Medicare supplement, Medicare Advantage, Medicaid coverage, or other health insurance policy or certificate in force or wheth…

(a) An issuer shall provide a copy of any Medicare supplement advertisement intended for use in this State whether through written, radio, or television medium to the commissioner for review or approval by the commissioner to the extent it may be required under state law. That ad…

If any provision of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected thereby." Notes Haw. Code R. …

(a) An issuer, directly or through its producers, shall:(1) Establish marketing procedures to assure that any comparison of policies by its agents or other producers will be fair and accurate. (2) Establish marketing procedures to assure excessive insurance is not sold or issued.…

(a) As soon as practicable, but no later than thirty days prior to the annual effective date of any Medicare benefit changes, an issuer shall notify its policyholders and certificate holders of modifications it has made to Medicare supplement insurance policies or certificates in…

(a) In recommending the purchase or replacement of any Medicare supplement policy or certificate an agent shall make reasonable efforts to determine the appropriateness of a recommended purchase or replacement. (b) Any sale of a Medicare supplement policy or certificate that will…

Notes Haw. Code R. § 16-12-7.5 12/27/90

(a) On or before March 1 of each year, an issuer shall report to the commissioner in substantially the form entitled Appendix B (Exhibit B (revised 2019)), located at the end of this chapter, which is made a part of this section, the following information for every individual res…

(a) The following provisions of this subsection establish loss ratio standards: (1) (A) A Medicare supplement policy form or certificate form shall not be delivered or issued for delivery unless the policy form or certificate form can be expected, as estimated for the entire peri…

(a) If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the replacing issuer shall waive any time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicar…

(a) This section applies to all policies with policy years beginning on or after May 21, 2009. (b) An issuer of a Medicare supplement policy or certificate:(1) Shall not deny or condition the issuance or effectiveness of the policy or certificate (including the imposition of any …

All applications for issuance or renewal of a cable franchise or proposal therefor shall be accompanied by a fee of $1,000. Notes Haw. Code R. § 16-132-1 [Eff 6/22/81; am and comp 12/14/87; am and comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-12) (Imp: HRS § 440G-6)

(a) Except as otherwise provided in subsection (c), the annual fee for each cable operator shall be one per cent of the income received from subscribers for cable services rendered during the preceding calendar year. (b) The annual fee shall be paid by the cable operator to the d…

For its first year of operation, a cable operator shall be assessed a fee of $5,000, which fee shall be due and payable upon granting of the franchise by the director. Notes Haw. Code R. § 16-132-3 [Eff 6/22/81; am and comp 12/14/87; comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-…

The penalty shall be ten per cent of the unpaid fee, but not less than $50. Fees and penalties not paid within fifteen days of the due date shall result in an interest payment of ten per cent per annum compounded every thirty days on the unpaid balance. Failure to pay the fee, pe…

The charge for copies of the Hawaii cable communications rules shall be $2.50. Notes Haw. Code R. § 16-132-5 [Eff 6/22/81; am and comp 12/14/87; am and comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

As used in this chapter: "Executive officer" means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, or any other individual performing functions corresponding to those performed by the foregoing officers under whatever t…

(a) Requests to the commissioner for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following: (1) The amount of the proposed dividend; (2) The date established for payment of the dividend; (3) A statement as to wheth…

The factors set forth in section 431:11-106(d), HRS, are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an insurer's surplus, no single factor is necessarily controlling. The commissioner shall consider the net effect of all of the factor…

(a) Forms A, B, C, D, E, and F at the end of this chapter are made a part of this chapter. The forms shall be used as guides in the preparation of the statements required by sections 431:11-104 to 431:11-104.5, 431:11-105, and 431:11-106, HRS; they are not intended as blank forms…

If the person filing cannot practically furnish any required information, document, or report at the required time, the person shall file with the commissioner a separate document: (1) Identifying the information, document, or report in question; (2) Stating why filing at the req…

The authority to invest in subsidiaries under section 431:11-103(b), HRS, is in addition to any authority to invest in subsidiaries which may be contained in any other provision of chapter 431, HRS. Notes Haw. Code R. § 16-14-4 [Eff 3/14/94] (Auth: HRS §§ 431:2-201, 431:11-109) (…

(a) A person required to file a statement pursuant to section 431:11-104, HRS, shall furnish the required information utilizing Form A and the required information on Form E described in subsections (e), (f), and (g). (b) The person filing the statement required by section 431:11…

(a) An insurer required to file an annual registration statement pursuant to section 431:11-105, HRS, shall furnish the required information utilizing Form B and Form C. (b) An amendment to Form B shall be filed within fifteen days after the end of any month in which there is a m…

(a) A disclaimer of affiliation or a request for termination of registration may be made when a person does not, or will not upon the taking of some proposed action, control another person (hereinafter referred to as "the subject"). The disclaimer shall contain the following info…

(a) An insurer required to give notice of a proposed transaction pursuant to section 431:11-106, HRS, shall furnish the required information on Form D. (b) Management agreements, service agreements, and cost sharing arrangements shall at a minimum and as applicable: (1) Identify …

The ultimate controlling person of an insurer required to file an enterprise risk report pursuant to section 431:11-105(l), HRS, shall furnish the required information on Form F. Notes Haw. Code R. § 16-14-9 [Eff 3/14/94] (Auth: HRS §§ 431:2-201, 431:11-109) (Imp: HRS § 431:11-10…

(a) Pursuant to section 431:4A-101(f), HRS, the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that is licensed to write reinsurance by, and has its head office or is domiciled in, a reciprocal jurisdiction, and which meets the …

(a) As used in this section: "Beneficiary" means the entity for whose sole benefit the trust has been established and any successor of the beneficiary by operation of law. If a court of law appoints a successor in interest to the named beneficiary, then the named beneficiary incl…

(a) The letter of credit must be clean, irrevocable, and unconditional and issued or confirmed by a qualified United States financial institution as defined in section 431:4A-103(a), HRS. The letter of credit shall contain an issue date and date of expiration and shall stipulate …

A ceding insurer may take credit for unencumbered funds withheld by the ceding insurer in the United States subject to withdrawal solely by the ceding insurer and under its exclusive control. Notes Haw. Code R. § 16-168-12 Eff 1/25/97 [§ 16-168-11; Ren and Comp 11/10/2016] (Imp: …

Credit will not be granted to a ceding insurer for reinsurance effected with assuming insurers meeting the requirements of section 16-168-3, 16-168-4, 16-168-5, 16-168-6, 16-168-7, 16-168-7.1, or 16-168-9, or otherwise in compliance with section 431:4A-101, HRS, after the adoptio…

All new and renewal reinsurance transactions entered into after December 31, 1996, shall conform to the requirements of chapter 431, HRS, and this chapter if credit is to be given to the ceding insurer for such reinsurance." Notes Haw. Code R. § 16-168-14 [Eff 1/25/97; § 16-168-1…

If any provision of this chapter, or their application to any person or circumstance, is held invalid, such determination shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to that end the p…

Pursuant to section 431:4A-101(b), HRS, the commissioner shall allow credit for reinsurance ceded by a domestic insurer to assuming insurers that were licensed in this State as of the date of the ceding insurer's statutory financial statement. Notes Haw. Code R. § 16-168-3 Eff 1/…

(a) Pursuant to section 431:4A-101(b), HRS, the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that is accredited as a reinsurer in this State as of the date of the ceding insurer's statutory financial statement. An accredited r…

(a) Pursuant to section 431:4A-101(c), HRS, the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer which as of the date of the ceding insurer's statutory financial statement:(1) Is domiciled in (or, in the case of a United States br…