(a) An employee may waive individually all of the required health care benefits pursuant to this chapter by:

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Terms Used In Hawaii Revised Statutes 393-21

  • 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
  • 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

  • Wages: means all remuneration for services from whatever source, including commissions, bonuses, and tips and gratuities paid directly to any individual by a customer of the individual's employer, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 393-3
(1) Requesting the waiver by a writing submitted to the employer; and
(2) Receiving approval of the waiver from the director upon the director determining that the employee has other coverage under a prepaid health care plan which provides benefits that meet the standards prescribed in § 393-7.
(b) The employer who receives from an employee a written request for a waiver under this section shall transmit to the director a copy of the waiver, on a form prescribed by the director, and a copy of the prepaid health care plan on the basis of which the waiver is requested.
(c) A waiver under this section is binding for one year and is renewable for subsequent one-year periods.
(d) An employer who, directly or indirectly, coerces or attempts to coerce an employee in making a waiver under this section shall be subject to the penalty provided under section 393-33(b).
(e) An employee may not agree to pay a greater share of the premium for such benefits than is required by this chapter.
(f) Subject to section 393-7(b), an employee may consent to pay a greater share of the employee’s wages and to a withholding of such share by the employer for the purpose of providing prepaid health care benefits of the employee’s dependents under the plan providing such benefits for the employee’s self.

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