(a) If an employer fails to comply with § 393-11, 393-12, premium; withholding; recovery of premium” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>393-13, or 393-15 the employer shall pay a penalty of not less than $25 or of $1 for each employee for every day during which such failure continues, whichever sum is greater. The penalty shall be assessed under rules and regulations promulgated pursuant to chapter 91 and shall be collected by the director and paid into the trust fund for premium supplementation established by § 393-41. The director may, for good cause shown, remit all or any part of the penalty.

Terms Used In Hawaii Revised Statutes 393-33

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 393-3
  • Employer: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, a debtor in possession or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more regular employees in the employer's employment. See Hawaii Revised Statutes 393-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Premium: means the amount payable to a prepaid health care plan contractor as consideration for the contractor's obligations under a prepaid health care plan. See Hawaii Revised Statutes 393-3
  • Prepaid health care plan: means any agreement by which any prepaid health care plan contractor undertakes in consideration of a stipulated premium:

    (1) Either to furnish health care, including hospitalization, surgery, medical or nursing care, drugs or other restorative appliances, subject to, if at all, only a nominal per service charge; or

    (2) To defray or reimburse, in whole or in part, the expenses of health care. See Hawaii Revised Statutes 393-3

(b) Any employer, employee, or prepaid health care plan contractor who wilfully fails to comply with any other provision of this chapter or any rule or regulation thereunder may be fined not more than $200 for each such violation.
(c) Any employer who fails to initiate compliance with the coverage requirements of § 393-11 for a period of thirty days, may be enjoined by the circuit court of the circuit in which the employer’s principal place of business is located from carrying on the employer’s business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director.

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