The Hawaii HC-5 form serves as a notification from an employee to their employer regarding their health care coverage status under the Hawaii Prepaid Health Care Act. This document is particularly relevant for employees who work for two or more employers, are seeking exemption or waiver from health care coverage, or wish to designate a principal and/or secondary employer for health care coverage purposes. It's essential for eligible employees to accurately complete and submit this form to ensure compliance with local regulations and secure the necessary health care coverage. Click the button below to fill out the form.
In the landscape of Hawaii's employment regulations, the HC-5 form emerges as a critical document, designed to navigate the complexities of healthcare coverage among workers who juggle multiple jobs or seek exemptions from mandated health insurance. Originated by the Hawaii Department of Labor and Industrial Relations, this form serves as a bridge between employees and their employers, ensuring clarity and compliance with the state's Prepaid Health Care Act. Specifically, the HC-5 form allows employees to declare a primary employer for health coverage purposes when working more than 20 hours a week for multiple employers or to assert their right to an exemption or waiver from the standard health care coverage. Whether employees are covered by another plan – such as Medicare, Medicaid, or military health benefits – are dependents under another qualifying health plan, receive public assistance, follow religious beliefs that rely on spiritual means of healing, or have independently obtained satisfactory health care coverage, this form communicates their status to their employers. It further mandates employers to take necessary actions based on these declarations, whether to provide health care coverage or acknowledge a waiver for the calendar year. With these procedures, the form encapsulates the state's commitment to ensuring that all employees have access to health coverage, while respecting their individual circumstances and choices. Notably, the HC-5 form underscores a foundational aspect of Hawaii's approach to labor relations and workers' rights, amplifying the importance of informed and active participation by both employers and employees in adhering to health care coverage laws.
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
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.
Upon receiving the Hawaii HC-5 form, it's essential to understand its purpose and the steps needed to complete it properly. This form serves as a means for employees to communicate with their employer about their health care coverage status in relation to the Hawaii Prepaid Health Care Act. Whether you're working for multiple employers, seeking an exemption or waiver from health care coverage, or updating your coverage status, correctly filling out and submitting this form is crucial. Below is a detailed guide to assist you in this process.
After completing the form, remember to keep a copy for your records, as advised in the instructions. Giving the completed form to your employer is the next step, ensuring they are aware of your health care coverage status and can act accordingly. This step is pivotal in maintaining compliance with the Hawaii Prepaid Health Care Act and safeguarding your health care rights and responsibilities.
What is the purpose of the Hawaii HC-5 form?
The Hawaii HC-5 form is used by employees to notify their employer about their health care coverage status under the Hawaii Prepaid Health Care Act. It serves several purposes, including informing an employer that they have been chosen as the principal employer to provide health care coverage, indicating an exemption or waiver from health care coverage by the employee, or notifying an employer that a previously indicated exemption or waiver is no longer applicable, thus requiring the employer to provide coverage.
Who needs to fill out the HC-5 form?
The HC-5 form should be completed by employees who work for two or more employers at least 20 hours a week, those claiming an exemption or waiver from their employer’s health care plan, those terminating an exemption or waiver, or those changing their designated principal and/or secondary employer. It is not for employees who work for only one employer that provides health care coverage or work less than 20 hours per week.
How do employees select their principal employer on the HC-5 form?
Employees working for two or more employers at least 20 hours a week must identify one employer as the principal employer. This is either the employer who pays the most wages or, if one employer does not pay the most but employs the worker for at least 35 hours a week, the employee can choose which employer is considered the principal employer. This designation requires the principal employer to provide health care coverage.
What happens if an exemption or waiver from health care coverage is claimed on the form?
If an employee claims an exemption or waiver from health care coverage, they must provide specific details on the form, such as the name of the other health plan they are covered by or the reason for exemption (e.g., covered by Medicare, Medicaid, as a dependent under another health care plan, etc.). This status is binding for the calendar year indicated and must be renewed annually by December 31. Employers are relieved from providing health care coverage for employees who validly claim an exemption or waiver.
What should employers do upon receiving a completed HC-5 form?
Employers must adhere to the notification provided by the HC-5 form – either to provide health care coverage or acknowledge an employee’s exemption or waiver. Employers are required to keep a completed, signed copy of the form for two years and give a copy to the employee. The form must not be submitted to the State Department of Labor & Industrial Relations unless specifically requested. Employers should also update their records accordingly to reflect the health care coverage status of the employee.
Filling out the Hawaii HC-5 form should be done with attention to detail, but mistakes can happen. Here are nine common errors people make:
By avoiding these common pitfalls, employees can ensure smoother communication with their employers regarding health care coverage, adhere to the Hawaii Prepaid Health Care Act requirements, and secure their rights and benefits under the law.
When dealing with the Hawaii HC-5 form, it's vital to understand that this form plays a crucial role in the realm of employment and healthcare coverage in the state of Hawaii, specifically under the Hawaii Prepaid Health Care Act. The process often involves several other documents to ensure compliance and to effectively manage employee healthcare coverage requirements. Here's a look at other commonly used forms and documents in conjunction with the Hawaii HC-5 form.
In dealing with the Hawaii HC-5 form and its supplementary documents, both employers and employees navigate the intricacies of health care coverage requirements. These documents collectively help ensure that all parties meet their obligations under Hawaii's Prepaid Health Care Act, fostering a workplace environment where health care coverage is managed effectively and in compliance with state law. It's a system designed to protect and provide for workers, ensuring that their health care needs are met in a manner that respects their employment and personal situations.
The Hawaii HC-5 form is similar to several other types of employment and healthcare-related documents, particularly those that involve notifying an employer about an employee's health care coverage status or exemptions. These documents are integral in enforcing and complying with specific labor laws and healthcare regulations. Each similar document has its unique application but shares common objectives with the HC-5 form, focusing on employee rights, employer responsibilities, and the facilitation of health care coverage compliance.
Form W-4 is a document that shares similarities with the HC-5 form, especially in the context of providing important information to an employer. The W-4 form is used by employees to indicate their tax withholding preferences to their employer. Similar to the HC-5, which lets employees inform their employer about their health care coverage status, the W-4 allows employees to communicate how much federal income tax to withhold from their paychecks. Both forms are essential for ensuring compliance with regulations and are required to be updated under specific circumstances, such as changes in employment or personal situation.
The Affordable Care Act (ACA) Health Coverage Exemption Form is another document that resembles the HC-5 form in terms of its purpose and utility. This form is used by individuals to claim an exemption from the ACA's mandate for having health insurance. Like the HC-5, which may include notifications of health care coverage exemptions or waivers, the ACA Exemption Form is critical for individuals seeking relief from health insurance requirements based on a variety of qualifying reasons, such as financial hardship or membership in a recognized religious sect. Both documents facilitate a formal process for individuals to declare their status and navigate the corresponding legal and regulatory landscapes.
Employee Benefits Enrollment Form often used during the initial employment period or annual benefits enrollment, shares commonalities with the HC-5 by allowing employees to specify their selections regarding employer-provided benefits, including health care plans. While the Enrollment Form focuses on the selection and administration of various benefits, the HC-5 specifically deals with the notification of health care coverage statuses, such as exemptions, waivers, or changes in employer responsibility. Both forms are crucial in managing the employer-employee relationship with respect to benefits and ensuring that choices are clearly communicated and properly recorded.
When filling out the Hawaii HC-5 form, it is important to follow specific dos and don'ts to ensure that the process is completed accurately and in compliance with state regulations. Below are lists of things you should do and things you should avoid.
Things You Should Do:
Things You Shouldn't Do:
Understanding the complexities and intricacies of legal documentation is crucial for both employees and employers to ensure compliance and safeguard their rights. In the context of the Hawaii HC-5 form, which is a part of the Hawaii State Department of Labor and Industrial Relations framework, there are several misconceptions that necessitate clarification to avoid erroneous applications and misunderstandings.
Misconception 1: The HC-5 form is applicable only to employees working under one employer. Contrary to this belief, the HC-5 form is specifically designed for employees who work for two or more employers or are seeking an exemption or waiver from their health care coverage. This includes situations where a change in the principal and/or secondary employer designation is necessary.
Misconception 2: Completion of the HC-5 form automatically qualifies an employee for an exemption from health care coverage. The process of qualifying for an exemption is stringent and requires employees to meet specific conditions, such as being covered under a federally established health insurance plan, being a dependent under a qualified plan, receiving public assistance, or subscribing to faith-based healing practices exempt under state law.
Misconception 3: Employees can use the HC-5 form to opt out of their employer’s health care plan at any time. While it's true that employees can waive coverage by providing proof of alternative coverage, this decision is binding for the calendar year, as indicated in the HC-5 form's instructions. This underscores the importance of careful consideration before waiving employer-provided health care coverage.
Misconception 4: The primary function of the HC-5 form is for employees to communicate their health care coverage status to the State Department of Labor & Industrial Relations. In reality, the HC-5 form is a communication tool between employees and their employers regarding health care coverage requirements and exemptions. Although the form should be retained by the employer and the employee, it is not typically submitted to the state department unless specifically requested.
Misconception 5: Once submitted, the choices made on the HC-5 form are irreversible. The form allows for changes, such as terminating an exemption or changing a designation between principal and secondary employers. This flexibility is critical for adapting to life changes that may alter an employee’s coverage needs or eligibility for exemptions.
Clearing up these misconceptions is vital for ensuring that both employers and employees fully understand their rights and responsibilities under the Hawaii Prepaid Health Care Act. Proper completion and usage of the HC-5 form play a significant role in maintaining compliance with state laws and in fostering a workplace environment where health care coverage is accessible and tailored to individual needs.
Here are key takeaways about the Hawaii HC-5 form, which is significant for both employers and employees operating within the state of Hawaii:
Understanding and properly using the HC-5 form is crucial for both employees and employers in Hawaii to navigate the complexities of health care coverage under state law effectively.
Trademark Search Hawaii - Necessitating the submission in black ink and the requirement for typewritten or legibly printed information minimizes errors, fostering a smoother processing phase.
Uh 46 - The form requires certification by the employee that the information provided is true and accurate, subject to verification.