These are the legal provisions related to hospital financial assistance/charity care in the state of Hawaii. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
No, Hawaii doesn't have its own law. Federal law applies.
Qualifications for charity care in Hawaii
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
No, Hawaii law does not specify a minimum FPL, so federal law would apply.
Federal law does not set a minimum FPL. Nonprofit hospitals are simply required to follow their financial assistance policy.
Does the law specify a minimum deadline for applying for charity care?
Hawaii law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
Hawaii law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because they are insured.
Does the law specify that patients must be residents to be eligible for charity care?
Hawaii law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their residency.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
Hawaii law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
Hawaii law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in Hawaii
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
Hawaii state law allows hospitals to charge a co-pay. However, after you are granted financial assistance by a non-profit hospital you are entitled to a refund of any amount you have over-paid per 26 CFR 501(c)(6)(i)(C)(2).
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
Hawaii state law allows hospitals to charge a co-pay. However, after you are granted financial assistance by a non-profit hospital you are entitled to a refund of any amount you have over-paid per 26 CFR 501(c)(6)(i)(C)(2).
Collections laws related to charity care in Hawaii
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A nonprofit hospital may send you to collections at any time, but they must wait 120 days from when they sent the first post-discharge bill to sell your debt, report it to a credit reporting bureau, or engage in a judicial process such as a lawsuit or garnishment.
Length of time charity care can be applied to future bills in Hawaii
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
Hawaii law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.