STAND. COM. REP. NO. 3434

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.R. No. 38
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.R.
No. 38, S.D. 1, entitled:

     "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,"

begs leave to report as follows:

     The purpose of this Resolution is to urge the Department of
Health with the help of the Department of the Attorney General 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 to request the Department of Health to amend the rules on
adult residential care homes to address concerns by the
operators.

     Your Committee finds that many seniors, handicapped, and
disabled citizens reside in adult residential care homes when
there is no family member to care for them.  These adult
residential care homes provide a needed service and are licensed
by the Department of Health for the health and safety of the

 
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residents, both for the protection of the residents and to try to
minimize the potential liability of the care homes.

     Your Committee also finds that like many government
provisions, the one-size-fits-all mentality that occurs in
rulemaking may have resulted in some rules creating difficulties
for adult residential care homes to provide individualized care
and use a flexible approach for some residents.  In view of these
concerns, this Resolution asks for collaboration among the adult
residential care homes, the Department of Health, and Department
of the Attorney General to find ways to ameliorate these concerns
through education, training, and the like.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.R. No. 38,
S.D. 1, and recommends its adoption.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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