STAND. COM. REP. NO. 1330

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 856
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Human Services and Housing and Health, to
which was referred S.B. No. 856, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO LONG-TERM RESIDENTIAL CARE,"

beg leave to report as follows:

     The purpose of this bill is to reorganize and streamline
adult residential care facilities by:

     (1)  Consolidating and providing uniform regulation of
          various adult residential care facilities;

     (2)  Promoting parity of reimbursement for services
          provided; and

     (3)  Implementing a statewide initial information and
          referral screening process using a uniform assessment
          tool.

     The Executive Office on Aging (EOA), the Hawaii Long Term
Care Association, the Alliance of Residential Care
Administrators, the Healthcare Association of Hawaii, the Hawaii
Nurses' Association, and the Policy Advisory Board for Elderly
Affairs testified in support of this measure.  The State Planning
Council on Developmental Disabilities, the Departments of Health
(DOH) and Human Services, and the Arc in Hawaii testified in
support of the intent of this measure.


 
 
                                 STAND. COM. REP. NO. 1330
                                 Page 2

 
     Your Committees find that this measure correctly addresses
many of the problems involving the organization and regulation of
long term residential care facilities in Hawaii.

     Your Committees have amended this measure by:

     (1)  Broadening the definitions of:

          (A)  Adult foster home for persons with developmental
               disabilities;

          (B)  Developmental disabilities domiciliary home;

          (C)  Expanded adult foster home for persons with
               developmental disabilities; and

          (D)  Expanded developmental disabilities domiciliary
               home;

          to make these facilities more inclusive and less
          restrictive;

     (2)  Broadening the second facility category of adult
          residential care facilities by deleting reference to
          "nursing facility level" care;

     (3)  Ensuring that the uniform initial information and
          referral screening tool be developed by EOA rather than
          developed by the Single Point Coordinating Committee
          which convened in December, 1996;

     (4)  Inserting language reflected in H.B. No. 552, H.D. 1,
          which establishes the Adult Residential Care Home
          (ARCH) Personal Injury and Property Damage Compensation
          Special Fund to compensate the operators of ARCHs and
          other persons for personal injuries and property damage
          caused by residents who are placed in ARCHs by the
          State;

     (5)  Inserting language reflected in H.B. No. 644, H.D. 2,
          which requires DOH to stop licensing new Type I ARCHs
          on any island until the percentage of ARCH vacancies
          falls below 10 percent on that island, but allows
          licensing on a case-by-case basis on neighbor islands
          that demonstrate a need for ARCHs; and

     (6)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.


 
                                 STAND. COM. REP. NO. 1330
                                 Page 3

 
     As affirmed by the records of votes of the members of your
Committees on Human Services and Housing and Health that are
attached to this report, your Committees are in accord with the
intent and purpose of S.B. No. 856, S.D. 2, as amended herein,
and recommend that it pass Second Reading in the form attached
hereto as S.B. No. 856, S.D. 2, H.D. 1, and be referred to the
Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Human Services
                                   and Housing and Health,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ALEXANDER C. SANTIAGO, Chair       DENNIS ARAKAKI, Chair