§11-72-32 Determination of Ability to Pay

A.   No emergency medical services provided by or under contract with the department of health shall be denied to any person on
       the basis of the ability of the person to pay therefor or because of the lack of prepaid health care coverage or proof of such
       ability or coverage.

B.   The department of health or its designate shall make every reasonable effort to collect any fee for emergency ambulance
       service assessed under Section 11-72-31. In the event of nonpayment of any fee assessed under Section 11-72-31, the
       department of health or its designate shall determine whether that person is financially able to pay such fee. The county or
       other entity or agency that provided the emergency medical services shall forward records relating to services to the
       department of health or its designate.  If the department of health or its designate finds that a person is financially able to
       pay, the department of health or its designate shall continue every reasonable effort to collect such fees or, if the cost of
       the provided services were borne by the county or other entity or agency, the department of health or its designate shall
       notify the county or other entity or agency that it may proceed to collect the unpaid fee. If the department of health or its
       designate finds that a recipient of services is without sufficient resources to pay for the service, further action to collect the
       fees may be terminated.

C.   The department of health or its designate shall determine ability to pay by using criteria based on the 1985 income poverty
       guidelines for Hawaii and established by the U.S. Department of Health and Human Services, which are published annually
       in the Federal Register.

D.   The department of health shall determine that a recipient of services is without sufficient resources to pay fees if the recipient’s 
       annual family income is at or below the appropriate maximum family income specified in subsection (c) when calculated by 
       either of the following methods:

    1. Multiplying by four the recipient’s family income for the three months preceding the determination of ability to pay; or
    2. Using the recipient’s actual family income for the twelve months preceding the determination of ability to pay.

       [Eff. AUG 12 1985] (Auth: HRS §§321-232, 321-233) (Imp: HRS §321-232)