RESOLUTION

WHEREAS, nurse aides who work in facilities that participate in Medicare or Medicaid have been subject to certification by the Department of Commerce and Consumer Affairs (DCCA) under Chapter 457A, Hawaii Revised Statutes (HRS), and in accordance with federal regulations, since 1990; and

WHEREAS, in 1993, the Auditor conducted a sunset evaluation of Chapter 457A, HRS, which was reenacted after the Auditor concluded that regulation of nurse aides under the chapter was reasonably necessary to ensure a minimum level of competency and protect the safety of patients; and

WHEREAS, over the past 15 years, there has been confusion over whether nurse aides who work in facilities that do not receive Medicare or Medicaid funding (non-Medicare or non–Medicaid settings) are required to be certified; and

WHEREAS, although state law does not require certification of these nurse aides, many of these nurse aides have been certified and recertified by DCCA; and

WHEREAS, in 2005, DCCA notified certified nurse aides who work in non-Medicare or non–Medicaid settings that there is no state requirement for certification and they would no longer be recertified; and

WHEREAS, some facilities are concerned about their ability to receive payment from health insurance plans if their nurse aides are not certified, nurse aides have expressed concerns that they may lose their jobs if they are not recertified, and there are also concerns for the safety and well-being of patients if nurse aides are not certified; and

WHEREAS, DCCA, Department of Health, Department of Human Services (DHS), Hawaii Long-Term Care Association (HLTCA), and Healthcare Association of Hawaii (HAH) cooperatively drafted a bill that requires state certification of nurse aides who work in non-Medicare or non-Medicaid settings and establishes certification standards and guidelines for discipline and due process; and

WHEREAS, the product of their work, S.B. No. 3277, was introduced in the 2006 legislative session and was amended by the Senate as S.B. No. 3277, S.D. 2; and

WHEREAS, section 26H-6, HRS, requires measures being considered for enactment that would subject unregulated professions and vocations to licensing or other regulatory controls to be referred to the Auditor to determine whether regulation is reasonably necessary to protect the health, safety, or welfare of consumers; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Auditor is requested to conduct a sunrise review in accordance with section 26H-6, HRS, of the regulation proposed in S.B. No. 3277, S.D. 2, of nurse aides who work in non-Medicare or non–Medicaid settings; and

BE IT FURTHER RESOLVED that the Auditor is requested to report any findings and recommendations to the Legislature, at least 20 days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that DCCA is requested to rescind its decision to discontinue certification of nurse aides who work in non-Medicare and non-Medicaid settings and extend all current certifications of these nurse aides until the earlier of December 31, 2007, or the date a law requiring these nurse aides to be certified by the State is enacted by the Legislature; and

BE IT FURTHER RESOLVED that DCCA is requested to continue to work cooperatively with DOH, DHS, HLTCA, and HAH, review the Auditor's report, and submit a bill requiring state certification of nurse aides who work in non-Medicare or non–Medicaid settings to the Legislature for introduction in the 2007 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Director of Commerce and Consumer Affairs, Director of Human Services, Director of Health, President of the Hawaii Long Term-Care Association, and President of the Healthcare Association of Hawaii.

Report Title:

Requests an Auditor's sunrise review of the certification of nurse aides who work in settings other than Medicare- or Medicaid-funded facilities. Requests DCCA to continue certification of these nurse aides and develop legislation for certification of these nurse aides for introduction in the 2007 legislative session. (HCR73 HD1)