Allows an existing condominium project under chapter 514A to become an assisted living facility subject to state law and regulations, if certain conditions are met. Amends definition of "assisted living facility." (SB1492 HD1)

A BILL FOR AN ACT

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I, to be appropriately designated and to read as follows:

"§321-   Assisted living facilities. An existing condominium project under chapter 514A that is not a licensed assisted living facility and does not provide assisted living services to unit owners, may become an assisted living facility subject to the requirements set forth in rules adopted by the department of health pursuant to section 321-11, if:

For the purposes of this section, "assisted living services" means health care services provided in an assisted living facility, as defined in section 321-15.1, and personal care services. For purposes of this section, "personal care services" means assistance with activities of daily living and other instrumental activities that are directly related to the well-being of the resident."

SECTION 2. Section 321-15.1, Hawaii Revised Statutes, is amended by amending the definition of "assisted living facility" to read:

""Assisted living facility" means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, and to promote choice, responsibility, independence, privacy, dignity, and individuality. For purposes of this section, "health care services" means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i.e., psychological, social, physical, and spiritual) and functional status. This may include nursing assessments and the monitoring and delegation of nursing tasks by registered nurses pursuant to chapter 457, care management, records management, and coordinating basic health care and social services for residents in such settings. An assisted living facility does not include a privately-owned single family home or condominium, unless the condominium project instruments explicitly and prominently authorize:

(2) The provision of assisted living services."

SECTION 3. The department of health shall conduct a study on the impact of this Act on condominiums that may be licensed as assisted living facilities including but not limited to the appropriateness of licensing the vendors instead of the condominium or association. The department shall submit a report, including suggested legislation, to the legislature no later than twenty days prior to the regular session of 2004.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004; provided that section 3 shall take effect upon its approval.