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Content Overview

In Hawaii, ensuring that employees have access to healthcare coverage as mandated by the state's Prepaid Health Care Act is a responsibility that all employers must navigate with care. The Hawaii HC-5 form serves as a crucial tool in this process, designed to streamline the communication between employees and their employers regarding health care coverage, particularly for those who find themselves in unique work situations. Employees who work for multiple employers or who wish to claim an exemption or waiver from the standard health care provision are required to engage with the HC-5 form. It specifies conditions under which an employee might select a principal employer for health care coverage, change their principal employer, waive coverage in favor of an alternative plan, or terminate a previous exemption or waiver. Additionally, the HC-5 form facilitates compliance with the Hawaii Prepaid Health Care Act by guiding both employees and employers through the necessary steps to ensure health care coverage is appropriately provided, waived, or exempted. This process is not only about adhering to legal requirements but also about protecting the well-being of employees across Hawaii by ensuring they have access to health care, a fundamental need that supports their overall health and productivity.

Document Example

HC-5 (Rev.09/22)

STATE OF HAWAII

DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS

DISABILITY COMPENSATION DIVISION

Princess Keelikolani Building, 830 Punchbowl Street, Room 209, Honolulu, Hawaii 96813

FORM HC-5 EMPLOYEE NOTIFICATION TO EMPLOYER FOR CALENDAR YEAR 2023

Use this form if the employee works at least 20 hours per week and:

Works for 2 or more employers** or • Claims an exemption or waiver from health care coverage or

• Terminates an exemption or

• Changes principal and/or secondary employer designation**

 

 

 

THIS SECTION IS FOR THE EMPLOYER TO COMPLETE.

 

Employer name

 

 

DOL account number

 

 

Address

 

Phone no.

 

See employee’s selection below and take appropriate action. Give a copy of this completed form to the employee. Keep this completed, signed form on file for 2 years. The employee’s selection below is applicable only within calendar year 2023. If the employee will be renewing the selection after 2023, have the employee complete the form for the appropriate year.

FOR THE EMPLOYEE TO COMPLETE:

Do not use this form if: • You work for only 1 employer and that employer provides you with health care coverage or

You work less than 20 hours per week for your employer

In accordance with the provisions of the Hawaii Prepaid Health Care Act (Chapter 393, Hawaii Revised Statutes), this is to notify my employer that: (Check appropriate box.)

1. Of the two or more concurrent employers that I work for (at least 20 hours a week), you have been selected as the principal** employer and are required to provide me health care coverage (Section 393-6).

**The principal employer is the employer who pays the employee the most wages. However, if the employee works for 1 employer at least 35 hours per week and that employer does not pay the employee the most wages, the employee chooses the principal employer.

2. Of the two or more concurrent employers that I work for (at least 20 hours a week), you have been selected as the secondary** employer and are therefore relieved of the responsibility to provide me health care coverage until you are otherwise notified (Section 393-16).

3. I am exempt from health care coverage because I am: (Check appropriate box.) (Sections 393-17 and 393-22)

a. covered by a Federally established health insurance or prepaid health care plan, such as Medicare, Medicaid or medical care benefits provided for military dependents and military retirees and their dependents.

b. covered as a dependent (e.g. spouse, child, etc.) under a qualified health care plan.

c. a recipient of public assistance or covered by a State-legislated health care plan governing medical assistance (e.g. MedQuest).

d. a follower of a religious group who depends upon prayer or other spiritual means for healing.

4. I waive coverage from my employer’s health care plan because I have obtained the plan named _____________

_____________________ from the health care plan contractor named _________________________________.

I understand this waiver is binding for the 2023 calendar year. I submitted a copy of my plan to my employer to forward to the Department of Labor and Industrial Relations with this form. (Section 393-21).

5. The coverage exemption/waiver previously indicated in items 2, 3 or 4 is no longer applicable; you are therefore required to provide me health care coverage (Section 393-18).

Requested effective date of coverage: ____________________.

Print employee name

 

 

Employee signature

 

 

 

Address

 

 

 

Phone no.

 

 

Date

 

 

 

Keep a copy of your completed, signed form for yourself. RETURN COMPLETED FORM TO EMPLOYER.

Call (808) 586-9188 with any questions about this form.

Auxiliary aids and services are available upon request. Please call (808) 586-9188; a request for reasonable accommodation(s) should be made no later than ten working days prior to the needed accommodation (s).

Important Notice about Language Assistance: This document contains important information. If you need language assistance at no cost to you, please contact us by phone or in person immediately.

It is the policy of the Department of Labor and Industrial Relations that no person shall, on the basis of race, color, sex, marital status, religion, creed, ethnic origin, national origin, age, disability, ancestry, arrest/court record, sexual orientation, and National Guard participation, be subjected to discrimination, excluded from participation in, or denied the benefits of the Department’s services, programs, activities, or employment.

Document Characteristics

Fact Number Detail
1. The HC-5 form is issued by the State of Hawaii Department of Labor and Industrial Relations, specifically through the Disability Compensation Division.
2. The form is used within the context of the Hawaii Prepaid Health Care Act, Chapter 393 of the Hawaii Revised Statutes.
3. This form is for employee notification to their employer regarding health care coverage for the calendar year 2015.
4. It is applicable to employees who work for 2 or more employers at least 20 hours a week or are claiming an exemption/waiver from health care coverage.
5. Employees must select a principal employer, who is responsible for providing health care coverage, according to Section 393-6.
6. Employees can claim exemption from health care coverage for various reasons including being covered by a federal health plan or being a follower of a religious group that relies on spiritual healing, as outlined in Sections 393-17 and 393-22.
7. An employee can waive coverage from their employer’s health care plan if they have a qualifying plan that satisfies the Prepaid Health Care Act, as per Section 393-21.
8. If the reason for a previously claimed coverage exemption or waiver no longer applies, the employer is required to provide health care coverage, according to Section 393-18.
9. Employees must renew this form annually by December 31.
10. Employers are instructed to provide coverage as required, keep the completed, signed form for two years, and only submit the form to the State Department of Labor & Industrial Relations upon request.

Guidelines on Utilizing Hawaii Hc 5

Fulfilling the requirements outlined by the Hawaii HC-5 form is an essential step for employees who find themselves in unique employment situations, such as working for multiple employers or opting out of standard health care coverage provided by an employer. Whether it's due to having coverage through another source or preferring a different health plan, this form communicates your health care coverage status to your employer in compliance with the Hawaii Prepaid Health Care Act. Carefully completing and submitting this form ensures both you and your employer are adhering to state laws regarding health care coverage. Below is a detailed guide on how to fill out the HC-5 form properly.

  1. Begin by reading the entire form carefully to understand which sections apply to your specific situation.
  2. Under "Employer name," write down the name of your employer.
  3. Next to "Address," fill in the address of your employer.
  4. Enter the "DOL account number," which can be obtained from your employer, in the space provided. The format should match __ __ __ __ __ __ __ __ __ __.
  5. Provide the "Telephone No." of your employer, including the area code in the designated space.
  6. Choose the appropriate box under the list that starts with "In accordance with the provisions of the Hawaii Prepaid Health Care Act.." Select only one option that accurately reflects your current situation:
    • If working for two or more employers more than 20 hours a week, indicate whether the employer is your primary or secondary employer.
    • If you're exempt from health care coverage, check the reason for your exemption and provide the necessary details.
    • If you possess health care coverage from another plan that satisfies the Prepaid Health Care Act, indicate this by checking the box and filling in the name of the plan and the health care plan contractor.
  7. If your condition or choice regarding health care coverage has changed, ticking the box in section 5 may be necessary. Fill in the "Requested effective date of coverage" accordingly.
  8. Under "Print employee name," write your full name clearly.
  9. Sign your name where it says "Employee signature."
  10. Fill in your "Address" and "Phone number" in the spaces provided.
  11. Finally, enter the current date where it says "Date."
  12. Remember to keep a copy of the completed, signed form for your records and provide the original to your employer.

Carefully following these steps ensures that your HC-5 form is filled out correctly, providing clear communication of your health care coverage status to your employer. This process supports compliance with Hawaii's unique Prepaid Health Care Act requirements, reflecting your specific employment and health coverage circumstances. It's an important step in managing your health care coverage responsibilities as an employee in Hawaii.

Understanding Hawaii Hc 5

FAQs about the Hawaii HC-5 Form

  1. What is the HC-5 form used for in Hawaii?
    The HC-5 form is required by employees in Hawaii who work for two or more employers at least 20 hours a week and need to notify their employers about their health care coverage status. This includes selecting a principal employer for health care coverage, claiming an exemption or waiver from health care coverage, terminating an exemption, or changing their principal and/or secondary employer designation under the Hawaii Prepaid Health Care Act.

  2. Who needs to fill out the HC-5 form?
    Employees who work for two or more employers at least 20 hours per week, and who either need to declare an exemption from health coverage, waive coverage because they have other qualifying health insurance, or are determining their principal and secondary employers for health coverage purposes, must complete the form. This does not apply to employees working less than 20 hours a week for all employers or those already provided health care coverage by a single employer.

  3. How does an employee select a principal employer?
    An employee selects a principal employer by determining which of their employers pays them the most wages or, if they work at least 35 hours a week for one employer who doesn't pay the most wages, they can choose which employer is their principal employer. The selected principal employer is then responsible for providing health care coverage to the employee.

  4. What happens if an employee waives coverage?
    If an employee opts to waive coverage because they already have a qualifying health insurance plan, they must indicate the name of the plan and the name of the health care plan contractor on the HC-5 form. This waiver is binding for the calendar year and means the employer is not required to provide health care coverage for that period.

  5. Is the HC-5 form required every year?
    Yes, employees must submit a new HC-5 form every year to indicate their health care coverage status to their employer(s). This annual requirement ensures that employees' health care coverage needs and circumstances are accurately reflected and that employers are in compliance with the Hawaii Prepaid Health Care Act.

  6. What should employers do with the completed HC-5 form?
    Employers must keep the completed, signed form for two years. They are required to provide coverage as indicated by sections one and five on the form. Although they do not need to submit this form to the State Department of Labor & Industrial Relations routinely, they must have it available upon request. A copy of the completed form should also be given to the employee.

Common mistakes

  1. Failing to keep a personal copy of the completed HC-5 form. Every employee should retain a copy for their records, ensuring they have proof of the information submitted to their employer.

  2. Inaccurately determining the principal and secondary employers when working for multiple employers. Employees must correctly identify which employer pays them the highest wage or provides at least 35 hours of work a week as their principal employer for health care coverage purposes.

  3. Incorrectly checking the exemption or waiver boxes without fully understanding the qualifications for each. This mistake can lead to being without coverage when it's needed the most. It is crucial to understand each option and its requirements before making a selection.

  4. Not providing a requested effective date of coverage when terminating a waiver or exemption. This date is important for ensuring there is no gap in health care coverage, and it must be clearly indicated on the form.

  5. Forgetting to renew the form every December 31st as required. The HC-5 form needs to be completed annually to maintain or update health care coverage status with the employer.

Note: It's also important for employees to double-check their filled-out form for any inaccuracies in their personal information, such as name, address, and phone number, to prevent any administrative issues. Keep the employer and Department of Labor updated with the most current information.

Documents used along the form

When navigating through Hawaii's health care coverage requirements, the HC-5 form emerges as a critical document for employees who either work for multiple employers or seek exemption from their employer's health care plan. However, this form doesn't exist in isolation. Several other forms and documents may be pertinent to employees and employers alike, ensuring compliance with the state's health care laws and providing necessary information to uphold the rights and responsibilities under the Hawaii Prepaid Health Care Act.

  • HC-1 Form: This document is the Employer-Union Health Benefits Trust Fund Standard Plan Design Enrollment form, used by employees to enroll in health care coverage provided by their employer.
  • HC-3 Form: This annual notice to employees is required by employers to confirm compliance with Hawaii's health insurance laws, specifically that health care coverage has been provided to all eligible employees.
  • HC-4 Form: Employers who seek exemption from providing health care coverage due to various reasons, such as seasonal employment or financial hardship, use this form to apply for exemption.
  • IRS Form W-4: Although primarily a federal tax document, the W-4 form is often part of employment paperwork, impacting deductions and potentially influencing eligibility for health care coverage based on income levels.
  • Health Insurance Marketplace notification: Employers are required to provide this document to inform employees of their eligibility for health coverage through the Health Insurance Marketplace, as an alternative or supplement to employer-provided plans.
  • Proof of Prior Health Coverage: Documents such as insurance cards or letters from previous health insurance providers that prove an employee was covered under another plan, relevant for those seeking exemptions or changing coverage.
  • Employee's Change of Status Form: Used by employees to report significant life changes that affect their health care coverage, including marriage, births, and divorces.
  • Notice of Privacy Practices: A document provided by employers and health insurance plans outlining how an employee's health information may be used and disclosed and how employees can get access to this information.
  • DOL Form LHWCA: The Longshore and Harbor Workers' Compensation Act form, pertinent in specific industries, outlines workers' compensation insurance details, including health care coverage for job-related injuries or illnesses.
  • Prepaid Health Care Plan Exemption Approval Notice: Issued by the State Department of Labor and Industrial Relations to employees and employers upon approval of an HC-5 form (or similar exemption request), confirming exemption from standard health care coverage requirements.

The intricate network of forms and documents surrounding the HC-5 form reveals the layered approach Hawaii takes to ensure that employees receive adequate health care coverage. From enrollment and compliance to exemptions and changes in employment or personal status, understanding and completing these forms accurately is crucial for both employees and employers within the intricate landscape of health care regulation in Hawaii.

Similar forms

The Hawaii HC-5 form is similar to several other documents used in the field of employment and health insurance, primarily because they serve to communicate changes or exemptions regarding an employee’s health care coverage. Understanding these forms can help both employees and employers navigate the complex landscape of health insurance responsibilities and rights.

The Federal W-4 Form is one document that shares similarities with the Hawaii HC-5 form. Like the HC-5, the W-4 is filled out by employees to indicate personal information that affects their employment conditions. However, while the HC-5 form focuses on health care coverage exemptions, the W-4 is used to determine the amount of federal income tax to withhold from the employee's paycheck. Both forms are essential for the employee to communicate their personal situation to their employer, ensuring that the correct benefits are provided and the correct amount of tax is withheld.

The Affordable Care Act (ACA) Health Coverage Exemption Form is another document with similarities to the Hawaii HC-5 form. This form is used at the federal level for individuals to report their health coverage status to the Internal Revenue Service (IRS) and to claim an exemption from the ACA's individual mandate, which requires people to have health insurance. The key similarity here is the focus on exemptions from standard requirements: the ACA exemption form for health coverage and the HC-5 form for exemptions related to employer-provided health insurance under Hawaii's Prepaid Health Care Act.

The Employee's Withholding Allowance Certificate (State-specific versions), like California's DE 4 form, also bears resemblance to the Hawaii HC-5 form. These state-specific forms are designed for employees to provide personal and financial information to their employers, just like the HC-5. The purpose is to determine the correct state income tax withholding. Although dealing with a different type of obligation (state tax vs. health insurance), both types of forms are crucial for communicating the employee's needs and circumstances, ensuring compliance with state laws and financial health.

Dos and Don'ts

When filling out the Hawaii HC-5 form, there are several dos and don'ts that are important to keep in mind to ensure the process is completed correctly and efficiently. Here is a guide to help you navigate the process:

Do:

  • Read all instructions carefully before you start filling out the form to avoid any mistakes.
  • Keep a copy of the completed form for your records before handing the original to your employer.
  • Choose the correct status that applies to you, whether you are selecting a principal employer, claiming an exemption, waiving coverage, or terminating an exemption/waiver. It's crucial to check the appropriate box.
  • Ensure the requested effective date of coverage is clearly indicated if you're terminating your exemption or waiver.
  • Contact the provided phone number ((808) 586-9188) if you have any questions or need clarification about the form or your eligibility.

Don't:

  • Don't leave any required fields blank. Complete the form in its entirety to avoid delays in processing.
  • Avoid guessing on information about your employment or health coverage status. If unsure, verify the details before completing the form.
  • Do not use this form if you are employed by a single employer who provides your health care coverage or if you work less than 20 hours per week for all employers.
  • Refrain from submitting this form directly to the State Department of Labor & Industrial Relations unless specifically requested. Your employer will handle this part.
  • Do not forget to sign and date the form. An unsigned form may be considered invalid and can lead to unnecessary complications.

Misconceptions

Understanding the Hawaii HC-5 form is crucial for both employers and employees, yet there are common misconceptions that need to be clarified. This document serves a specific purpose under the Hawaii Prepaid Health Care Act but is often misinterpreted. Here are eight key misconceptions and the factual corrections for each.

  • Only for Full-Time Employees: Many people believe the HC-5 form is exclusive to full-time employees. However, it applies to employees who work for two or more employers at least 20 hours a week but might not necessarily be considered full-time by any single employer.
  • Annual Submission is Unnecessary: Some think once the HC-5 form is submitted, they don’t need to submit it again. Every year, employees must renew their form by December 31 to inform employers of their health coverage status for the upcoming year.
  • Only for Employees Without Coverage: There’s a misconception that the HC-5 is only for employees who lack health insurance. In reality, it serves employees who may be covered under another plan, like a spouse’s insurance, and thus are electing to waive coverage from their employer.
  • It Exempts Employers from Providing Coverage: Some employers believe that once an employee submits an HC-5 form, they are entirely exempt from providing health insurance coverage. This form only signifies an employee's current coverage status or waiver for the year but does not absolve employers of their responsibilities to offer coverage to other eligible employees.
  • Submission to the State: A common misunderstanding is that the HC-5 form needs to be submitted to the State Department of Labor & Industrial Relations. Employers are actually required to keep the form on file for two years and only submit it to the state upon request.
  • Applicable to Only One Employer: There is confusion that an employee must choose a primary employer for the purpose of the HC-5 form and that only this employer is affected by the form. While it's true that an employee designates a primary employer, the secondary employer also must be informed as their obligations might change based on the employee’s coverage status.
  • Permanent Waiver: Some employees think that once they sign the waiver section of the HC-5 form, it's permanent. The waiver is binding for the calendar year it’s signed for and must be renewed annually if the employee's circumstances remain the same.
  • Inclusion of Coverage Options: A final misconception is that the HC-5 form includes a list of acceptable health coverage plans for waiver purposes. Employees must independently verify that their alternative health coverage meets the requirements of the Prepaid Health Care Act without direct guidance from the HC-5 form.

Correcting these misconceptions ensures that both employers and employees accurately comply with Hawaii's health care laws, securing proper health coverage and adhering to legal obligations.

Key takeaways

Filling out and using the Hawaii HC-5 form is an essential process for certain employees working in Hawaii. This form plays a vital role in the administration of the Hawaii Prepaid Health Care Act. Here are eight key takeaways to understand about this form:

  • Eligibility Criteria: The HC-5 form is specifically designed for employees who work for two or more employers at least 20 hours per week, are seeking an exemption or waiver from health care coverage, are terminating an exemption, or are changing their primary and/or secondary employer designation.
  • Principal Employer: Employees must designate one of their employers as their principal employer. This is the employer who either pays the most wages or, if the employee works for one of the employers for at least 35 hours a week but doesn't receive the most wages from them, they can choose which employer to designate as principal.
  • Health Care Coverage Responsibilities: Upon being designated as the principal employer, that employer is required to provide health care coverage to the employee under Section 393-6 of the Hawaii Prepaid Health Care Act.
  • Secondary Employers: Employers not designated as the principal employer are considered secondary employers and are relieved from the responsibility to provide health care coverage unless notified otherwise.
  • Exemption and Waiver Options: Employees can claim exemption from health care coverage for several reasons, including being covered by a federal health insurance plan, being a dependent under a qualified plan, receiving public assistance, or following a religion that relies on healing through prayer or spiritual means.
  • Waiving Employer’s Health Care Plan: If an employee opts for health care coverage outside of their employer's plan, which meets the requirements of the Prepaid Health Care Act, they must indicate this through the HC-5 form and this waiver is binding for the calendar year it is signed for.
  • Annual Renewal: It's important to note that the HC-5 form must be completed and provided to the employer annually, as these conditions and designations may change from year to year.
  • Record-Keeping Requirements: Employers are required to keep the completed and signed HC-5 form on file for two years and are not to submit it to the State Department of Labor & Industrial Relations unless requested. They must also provide a copy of the completed form to the employee.

The Hawaii HC-5 form is a key document for ensuring compliance with the Hawaii Prepaid Health Care Act and facilitating the provision of health care coverage by employers. Both employees and employers must fully understand their rights and responsibilities regarding this form.

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