Directs the departments of health and human services to maintain an inventory of all facilities licensed or certified under their jurisdiction and their vacancies to facilitate the placement of individuals in community-based facilities. (SD2)

A BILL FOR AN ACT

SECTION 1. The legislature finds that it is imperative that the State facilitate the placement of individuals into community-based settings that can provide for their care. Since the United States Supreme Court decision in Olmstead v. LC, 527 U.S. 581 (1999), the nationwide trend has been to deinstitutionalize individuals and attempt to provide for their care in community-based settings.

One obstacle that health care professionals and social workers face in their efforts to discharge patients from facilities, or to otherwise locate suitable community placements, is the lack of a central inventory of the facilities that have vacancies at any given time. This creates a very labor intensive process that requires numerous telephone calls to ascertain whether a facility has a vacancy.

A central database or clearinghouse with an up-to-date list of vacancies at community-based facilities would streamline and expedite the placement process.

The legislature further finds that some facilities are regulated by the department of health and others are regulated by the department of human services. Some facilities already are subject to a requirement to report vacancies to their respective regulatory agency, whereas others are not required to do so.

The purpose of this Act is to direct the department of health and department of human services to maintain an inventory of all community-based care facilities licensed or certified under their jurisdiction and to maintain an up-to-date inventory of all vacancies within these facilities.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Community-based care facilities. The department shall maintain an inventory of all skilled nursing facilities, intermediate care facilities, assisted living facilities, developmental disabilities domiciliary homes, special treatment facilities, therapeutic living programs, adult residential care homes, and adult mental health group homes licensed or certified under this chapter. The department shall maintain a current list of all vacancies in these facilities in order to facilitate the placement of individuals therein. All skilled nursing facilities, intermediate care facilities, assisted living facilities, developmental disabilities domiciliary homes, special treatment facilities, therapeutic living programs, adult residential care homes, and adult mental health group homes licensed or certified under this chapter shall report vacancy information to the department on a regular basis."

SECTION 3. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-   Community-based foster care facilities. The department shall maintain an inventory of all community care foster family homes certified under this chapter and shall maintain a current list of vacancies in these facilities in order to facilitate the placement of individuals therein. All community care foster family homes certified under this chapter shall report vacancy information to the department on a regular basis."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.