REPORT TITLE:
Home Health Agency; Penalties


DESCRIPTION:
Makes referral to an unlicensed home health agency a petty
misdemeanor.  If the person knows the agency is unlicensed, makes
the referral a misdemeanor.  Makes operating a home health agency
without a license a class C felony.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.546        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO HOME HEALTH AGENCIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§321     Home health agencies; penalty for referral to
 
 5 unlicensed agency; penalty for operating without a license.  (a)
 
 6 Any person who refers another person upon discharge from a
 
 7 hospital, a rehabilitation facility, or other facility to an
 
 8 unlicensed home health agency shall be guilty of a petty
 
 9 misdemeanor.  If the person making the referral knows that the
 
10 home health agency being referred is unlicensed, the referring
 
11 person shall be guilty of a misdemeanor.
 
12      (b)  Any operator of a home health agency, or an entity that
 
13 purports to provide home health services, without a license,
 
14 shall be guilty of a class C felony, but shall be subject to a
 
15 maximum fine of $10,000."
 
16      SECTION 2.  New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________