§432D-19 - Statutory construction and relationship to other laws. - Hawaii Statutes

     §432D-19  Statutory construction and relationship to other laws.  (a)  Except as provided in subsection (d) and otherwise provided in this chapter, the insurance laws and hospital or medical service corporation laws shall not apply to the activities authorized and regulated under this chapter of any health maintenance organization granted a certificate of authority under this chapter.  This chapter shall not apply to an insurer or hospital or medical service corporation licensed and regulated pursuant to the insurance laws or the hospital or medical service corporation laws of this State except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.

     (b)  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.

     (c)  Any health maintenance organization granted a certificate of authority under this chapter shall not be deemed to be practicing medicine or osteopathic medicine and shall be exempt from the provision of chapter 453 relating to the practice of medicine or osteopathic medicine.

     (d)  Article 2, article 13, and article 14G of chapter 431, and the power there granted to the commissioner, shall apply to health maintenance organizations, so long as the application in any particular case is in compliance with and is not preempted by applicable federal statutes and regulations. [L 1995, c 179, pt of §1; am L 1998, c 178, §4; am L 2002, c 74, §§4, 6; am L 2003, c 3, §22; am L 2007, c 175, §4; am L 2009, c 11, §54]

 

Note

 

  The repeal and reenactment note at subsection (b) in the main volume took effect on June 30, 2006, pursuant to L 2002, c 74, §6 and L 2003, c 3, §22.

  The 2009 amendment is retroactive to April 3, 2008.  L 2009, c 11, §76(2).