REPORT TITLE:
HHSC


DESCRIPTION:
Allows more flexibility for the Hawaii Health Systems Corporation
to to design and provide patient care services.  (SD1)

 
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                                                        2874
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HAWAII HEALTH SYSTEMS CORPORATION.


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

 1      SECTION 1.  Chapter 323F, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§323F-    Long-term care beds and services; reduction or
 
 5 elimination.  (a)  The corporation shall not reduce or eliminate
 
 6 long-term care beds or services without the approval of the
 
 7 legislature, if the reduction is more than the number approved or
 
 8 if the elimination is not approved by state health planning and
 
 9 development agency under chapter 323D.
 
10      Approval by the legislature shall be by concurrent
 
11 resolution.
 
12      (b)  For purposes of subsection (a), the corporation shall
 
13 submit a report to the legislature on findings and
 
14 recommendations, not later than twenty days before the convening
 
15 of a regular session.
 
16      (c)  For purposes of subsection (b), the corporation shall
 
17 conduct, before submitting the report, at least one community
 
18 meeting in the geographic area served by the public hospital
 
19 facility that is the subject of the reduction or elimination of
 
20 long-term care beds and services.  If time does not permit, the
 

 
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 1 corporation shall conduct a community meeting as soon as possible
 
 2 after submitting the report and shall supplement the report with
 
 3 information from the meeting but in time for the legislature to
 
 4 approve a reduction under subsection (a).
 
 5      (d)  For purposes of subsection (b), the report shall
 
 6 include, but not be limited to, information concerning the
 
 7 planned reduction or elimination of long-term care beds and
 
 8 services, as follows:
 
 9      (1)  Assessment of the impacts to the community and county
 
10           served by the affected public hospital facility;
 
11      (2)  Community opinion and concerns presented in the
 
12           community meeting under subsection (c) and the
 
13           response, if any, of the corporation;
 
14      (3)  Recommendations, if any, by the appropriate subarea
 
15           health planning council pursuant to section 323D-22;
 
16      (4)  How and where the affected patients will be served in
 
17           lieu of care from the affected public hospital
 
18           facility, including the cost, if any, to the State in
 
19           relocating those patients to another facility; and
 
20      (5)  Options and recommendations of the department of human
 
21           services concerning the impact of Medicaid financing
 
22           and financing for home and community-based services."
 
23      SECTION 2.  Section 323D-44, Hawaii Revised Statutes, is
 

 
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 1 amended by amending subection (b) to read as follows:
 
 2      "(b)  The state agency shall issue a decision on the
 
 3 application within ninety days after the beginning of the period
 
 4 for agency review, unless the state agency within the ninety days
 
 5 notifies the applicant in writing that the period for agency
 
 6 review has been extended by the state agency sixty days beyond
 
 7 the ninety days.  The decision shall be subject to post-decision
 
 8 review procedures which the state agency may provide for by rules
 
 9 adopted in conformity with chapter 91[.]; provided that in lieu
 
10 of chapter 91 proceedings, the Hawaii health systems corporation
 
11 may seek the approval of the legislature under section 323F-   ;
 
12 and provided further that approval of the legislature shall
 
13 supercede the state agency decision."
 
14      SECTION 3.  Section 323F-10, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  Each regional committee shall sit in an advisory
 
17 capacity to the chief executive officer on matters concerning
 
18 [the]:
 
19      (1)  The formulation of regional operational and capital
 
20           improvement budgets[, and the];
 
21      (2)  The planning, construction, improvement, maintenance,
 
22           and operation of public health facilities within its
 
23           respective jurisdiction;
 

 
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 1      (3)  The substantial modification, decrease, or increase in
 
 2           the scope or type of health care and public health
 
 3           services rendered by the public hospital facilities
 
 4           within its respective jurisdiction; and
 
 5 shall sit in an advisory capacity to the governor on matters
 
 6 concerning the nominees for positions on the corporation board.
 
 7 Each regional committee shall serve as a public forum for
 
 8 discussion on matters relating to public hospital facilities
 
 9 within its respective jurisdiction, and shall act as liaison
 
10 between the public, the corporation, and its respective subarea
 
11 health planning council, as defined in section 323D-22.  Nothing
 
12 in this section shall be construed as precluding or preventing
 
13 the committees from coordinating their efforts and activities
 
14 with the facility administrators within their counties."
 
15      SECTION 4.  Section 323F-31, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]§323F-31[]]  Maintenance of services.(a)  The
 
18 corporation shall notify the legislature of any planned
 
19 substantial reduction or elimination of direct patient care
 
20 services[.] for purposes of subsections (b) and (c).
 
21      (b)  No [substantial] reduction or elimination of direct
 
22 patient care services [at any facility] for:
 
23      (1)  Inpatient tuberculosis treatment and quarantine
 

 
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 1           services;
 
 2      (2)  Psychiatric care provided at Samuel Mahelona, Kona, and
 
 3           Hilo community hospitals; and
 
 4      (3)  Other public health services provided by the
 
 5           corporation;
 
 6 shall be undertaken by the corporation without the approval of
 
 7 the legislature.
 
 8      (c)  The legislature shall maintain review and oversight
 
 9 authority over the provision of direct patient care services
 
10 provided at each facility and may intervene to counter or
 
11 restrict any substantial reduction or elimination of [patient
 
12 care services.  If the legislature directs the corporation to
 
13 continue any direct patient care services, the State shall share
 
14 in the cost of continuing the service."
 
15      SECTION 5.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 6.  This Act shall take effect upon its approval.
 

 
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