HAR §16-171-102
HAR §16-171-102. Repealed
Cite as Haw. Code R. § 16-171-102
[R 12/26/06]
§16-171-103 Written notice to claimants of
payment of claims in third-party settlements. (a)
Upon payment in settlement of any third-party
liability claim, the insurer shall provide written
notice to the claimant where:
(1)
The claimant is a natural person; and
(2)
The payment is delivered to the claimant's
lawyer by draft, check, or otherwise.
(b)
A written notice shall be required when the
insurer or the insurer's representative, including the
insurer's lawyer, makes payment to a claimant. [Eff
and comp 12/26/06; comp 03/28/08; comp 1/22/10; comp
12/13/12; comp 02/02/17; comp 9/30/21] (Auth: HRS
§431:2-201) (Imp: HRS §§431:1-202, 431:10-230)
SUBCHAPTER 2
HEALTH PROVISIONS
§16-171-202
171-6
§16-171-201 Disclosure to enrollee or authorized
representative. (a) Upon written request and payment
of fifty dollars to a managed care plan by an enrollee
or authorized representative, a managed care plan
shall deliver, within ten business days of that
request, to that enrollee or authorized representative
data that forms the basis for the premium rates that
the managed care plan seeks to charge the enrollee in
the next enrollment period.
(b)
Subject to subsection (c), the enrollee or
authorized representative may request all pertinent
information as to the rate including, but not limited
to, the managed care plan's data for the enrollee
relating to:
(1)
Loss trend;
(2)
Loss ratio;
(3)
Annual financial statements of the managed
care plan; and
(4)
Its rate filing.
(c)
A managed care plan shall not be required to
disclose supporting information or supplementary
rating information that:
(1)
Consists of proprietary information,
including trade secrets, commercial
information, and business plans that the
commissioner deems may result in competitive
harm to the managed care plan if disclosed;
(2)
Is confidential in accordance with federal
or Hawaii law; or
(3)
Is exempt from disclosure by federal or
Hawaii law. [Eff 1/1/05; comp 12/26/06; am
and comp 03/28/08; comp 1/22/10; comp
12/13/12; am and comp 02/02/17; comp
9/30/21] (Auth: HRS §431:2-201) (Imp:
HRS §§92F-13, 92F-22, 431:2-209, 431:14G-
105, 431:14G-109)
§16-171-202 Accident and health or sickness
filing requirement. Notwithstanding the need to have
a plan qualified under section 393-7, HRS, a managed
§16-171-202
171-7
care plan shall file accident and health or sickness
insurance contract rates with the commissioner that
comply with title 24, HRS. [Eff 1/1/05; comp
12/26/06; comp 03/28/08; comp 1/22/10; comp 12/13/12;
am and comp 02/02/17; comp 9/30/21] (Auth: HRS
§§431:2-201, 432:1-102, 432D-2) (Imp: HRS §431:14G-
105)
SUBCHAPTER 3
LICENSING REQUIREMENTS