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THE SENATE                           S.R. NO.              S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  RESOLUTION

  URGING THE DEPARTMENT OF HEALTH TO TRAIN AND CONSULT WITH
    OPERATORS AND STAFF OF ADULT RESIDENTIAL CARE HOMES, AT
    THE TIME OF LICENSING AND PERIODICALLY THEREAFTER,
    REGARDING THEIR DUTIES AND RESPONSIBILITIES FOR THEIR
    RESIDENTS, AND REQUESTING THE DEPARTMENT OF HEALTH TO
    AMEND THE RULES ON ADULT RESIDENTIAL CARE HOMES TO ADDRESS
    CONCERNS BY THE OPERATORS.
 

 1        WHEREAS, the Department of Health (DOH) is responsible for
 2   the licensing of adult residential care homes (ARCH); and
 3   
 4        WHEREAS, ARCHs provide long-term care for persons who need
 5   skilled nursing care or intermediate care, including elders,
 6   physically disabled, developmentally disabled, and mentally
 7   ill; and
 8   
 9        WHEREAS, the DOH, under section 321-15.6(c), Hawaii
10   Revised Statutes, may provide for the training of and
11   consultation with operators and staff in conjunction with
12   licensing of adult residential care homes; and
13   
14        WHEREAS, the purpose of the training and consultation is
15   to ensure that ARCH operators have the needed skills to provide
16   proper care and supervision in a home environment; and
17   
18        WHEREAS, ARCH operators should be made fully aware of the
19   risk of civil liability and criminal culpability, and
20   understand the potential for litigation if they neglect the
21   duties they fully undertake by becoming adult residential care
22   home operators; and
23   
24        WHEREAS, the DOH should do training and consultation at
25   the time of licensing and periodically after licensing, though
26   not required by law, in the interests of protecting the health,
27   safety, and welfare of residents of care homes; and
28   
29        WHEREAS, the ARCH operators have long been concerned about
30   overly restrictive administrative rules that inhibit the proper
31   care of residents, such as hallway widths, fire safety

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1   requirements, and number of amubulatory residents in regular
 2   ARCHs and expanded ARCHs, and have expressed a desire that
 3   those cumbersome rules be changed to allow them more
 4   flexibility to care for their residents; now, therefore,
 5   
 6        BE IT RESOLVED by the Senate of the Twentieth Legislature
 7   of the State of Hawaii, Regular Session of 2000, that the DOH,
 8   with the assistance of the Department of the Attorney General,
 9   is urged to train and consult with operators and staff of adult
10   residential care home operators, at the time of licensing and
11   periodically thereafter, regarding their duties and
12   responsibilities for their residents, including any potential
13   civil and criminal liabilities for improper care; and
14   
15        BE IT FURTHER RESOLVED that the DOH is requested to amend
16   its administrative rules to address the concerns of ARCH
17   operators as expressed in this measure and any other concerns
18   about the rules that may have been brought to the attention of
19   the DOH by ARCH operators; and
20   
21        BE IT FURTHER RESOLVED that the Director of Health be
22   responsible for transmission of copies of this Concurrent
23   Resolution to all licensed operators of adult residential care
24   homes; and
25   
26        BE IT FURTHER RESOLVED that a certified copy of this
27   Resolution be transmitted to the Director of Health and the
28   Attorney General.