HAR §16-23-73. Public assistance benefits recipients

(a) The state department of human services (DHS) shall provide a certificate of eligibility for joint underwriting plan coverage to eligible licensed drivers and unlicensed permanently disabled individuals unable to operate their motor vehicle, who are receiving public assistance benefits from the department or from the Supplemental Security Income program under the Social Security Administration and who desire basic motor vehicle insurance policy coverage under joint underwriting plan; provided such licensed drivers and unlicensed permanently disabled individuals unable to operate their motor vehicle are the sole registered owners of motor vehicles to be insured under the joint underwriting plan. The applicant shall submit the certificate in person or by mail to the servicing entity of the applicant's choice for a motor vehicle insurance policy. Certificates received by the servicing entity within thirty days from the date of certification of eligibility by the state department of human services shall be accepted and treated as if it were payment in full for the requested motor vehicle insurance coverages. The servicing entity shall certify this certificate which will function as a motor vehicle insurance policy and §16-23-73 23-37 issue the applicant a motor vehicle insurance identification card. The servicing entity shall develop the information necessary to validate the eligibility of the applicant. Only basic motor vehicle insurance policy coverages, as defined in section 431:10C-301(a) and 301(b)(1) and (2), HRS, shall be bound, and the effective date of coverage shall be the same date as the signature date on the certificate by the applicant; however, the effective date shall not precede the time and date of the certification of eligibility by the state department of human services, the date that the servicing entity receives the certificate, or the second day after postmark, whichever is later. In the event that the applicant fails to date the certificate, the date that the servicing entity receives the certificate or the second day after postmark, whichever is earlier, shall be considered the date the applicant signed the certificate. The servicing entity shall promptly notify the director of human services of public assistance recipients which it insures. (b) An applicant shall first exhaust all paid coverage under any motor vehicle insurance policy then in force before becoming eligible for joint underwriting plan coverage. (c) Upon termination of public assistance benefits, the DHS shall: (1) Notify the recipient upon termination of public assistance benefits and instruct the recipient that the recipient must immediately notify the servicing entity of the termination of benefits and obtain timely insurance for the recipient's vehicle; (2) Give written notice to the recipient that the recipient's joint underwriting plan basic motor vehicle insurance policy will terminate thirty days from the date of termination of public assistance benefits. This notice of cancellation shall be considered as proper notification under section 431:10C-112, HRS, and section 16-23- §16-23-73 23-38 15, providing the recipient with thirty days’ notice of cancellation; and (3) Notify the servicing entity of the termination of public assistance benefits and the date the termination was effective. [Eff 9/1/80; am and comp 9/1/82; comp 9/1/85; am 9/1/86; am and comp 9/1/88; am and comp 9/15/89; comp 9/1/90; am 9/1/91; am and comp 6/1/93; am and comp 1/1/98; am and comp 1/8/99; comp 11/11/12; am and comp 7/2/22; am and comp 4/17/26] (Auth: HRS §§431:10C-214, 431:10C-406) (Imp: HRS §431:10C-407) §16-23-74 Application for the Joint Underwriting Plan, placement; reporting disposition. A person may apply for coverage under the joint underwriting plan to any motor vehicle insurance producer who shall inform the applicant whether or not the applicant is eligible for joint underwriting plan coverage. Any eligible certified public assistance insured (CPAI) shall apply for motor vehicle insurance coverage directly to the servicing entity of the insured's choice. If the applicant qualifies for and desires joint underwriting plan coverage, a producer who represents servicing entities in the voluntary market shall use these servicing entities in placing joint underwriting plan applications, giving preference to the applicant's choice. A producer who does not represent any servicing entity in the voluntary market may place the joint underwriting plan insurance with an appropriate servicing entity, giving preference to the applicant's choice. A producer licensed to write motor vehicle insurance shall automatically be licensed and authorized to bind eligible applicants on behalf of the joint underwriting plan and shall communicate the fact of such binding directly to the affected servicing entity. §16-23-75 23-39 A producer shall inform the commissioner in writing of each application for joint underwriting plan coverage received by it, showing the disposition thereof, i.e., whether the application was denied (and the reason therefor) or approved, and if approved, the servicing entity with which the application was placed within two working days after the date of disposition. The commissioner may inquire into the propriety of any disposition and when indicated by the circumstances may, after affording the applicant, insurer, and any other affected persons an opportunity to be heard, take such action as may be appropriate. [Eff 9/1/80; am and comp 9/1/82; comp 9/1/85; comp 9/1/88; comp 9/15/89; comp 9/1/90; am and comp 6/1/93; am and comp 1/1/98; comp 1/8/99; am and comp 11/11/12; am and comp 7/2/22; am and comp 4/17/26] (Auth: HRS §§431:10C- 214, 431:10C-406) (Imp: HRS §431:10C-407)