Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2769 entitled:

begs leave to report as follows:

The purpose of this measure is to facilitate the residential and community-based treatment of mentally ill adults by easing program participation standards for transitional facilities and those that offer semisupervised living arrangements.

The Department of Health (DOH) testified in support of this measure. The Hawaii Disability Rights Center opposed the measure.

Currently all programs or facilities that apply to be part of the State's community residential treatment system must be licensed by the DOH. These programs range in the spectrum of restrictiveness from those that provide acute crisis twenty-four hour care to facilities that offer a semisupervised and independent, but structured living arrangement.

Your Committee finds that the licensing requirement unnecessarily restricts community-based housing options for individuals who do not receive treatment in the residential facility, participate in programs in the general community, and are competent in managing their own recovery. Therefore, this measure requires that transitional residential and semisupervised independent living facilities be accredited and certified, rather than licensed. The licensure requirement would continue to apply to residential facilities providing ongoing treatment.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2769 and recommends that it pass Third Reading.