Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN
Subchapter 2 - THE PLAN
Section 16-7-4 - Eligibility

Universal Citation: HI Admin Rules 16-7-4

Current through August, 2024

(a) Any physician or hospital as defined in this subsection licensed in the State of Hawaii, excluding self-insurer, on or after the effective date of the plan of operation shall apply only to the plan for primary medical malpractice liability insurance unless considered ineligible under the plan. Such application may be made on behalf of the applicant by authorized domestic insurer, general agent, subagent, or solicitor.

"Hospital" means a public or private institution licensed under chapter 12 and 12A of the public health regulations of the department of health, State of Hawaii.

"Physician" means a person with an unlimited license to practice medicine in this state under chapters 453 and 460, HRS.

(b) If the plan determines that the applicant meets the underwriting standards of the plan as provided for in the operating principles, and there is no unpaid, uncontested premium due from the applicant for prior insurance, then the plan upon receipt of the premium of such portion thereof as is prescribed in the operating principles shall cause to be issued a policy of medical malpractice liability insurance for a term not exceeding one year.

(c) The plan shall have the power on behalf of its members to:

(1) Issue, or to cause to be issued, policies of insurance on a primary limits basis to applicants, including incidental coverages and subject to limits as specified in the operating principles but not to exceed $1,000,000 for each claimant under one policy and $3,000,000 for all claimants under one policy in any one year;

(2) Underwrite such insurance and to adjust and pay losses with respect thereto, or to appoint service carrier(s) to perform those functions;

(3) Assume reinsurance from its members; and

(4) Cede reinsurance.

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