Report Title:

Adult residential care homes; regulation

Description:

Makes the regulation of Community Care Family Foster Homes (CCFFH) and Home and Community-Based Case Management Agencies (HCCMA) an ongoing requirement. Increases the number of medicaid clients that a Community Care Family Foster Home (CCFFH) may be licensed to serve at any one time from 2 to 3 clients. Increases the number of clients that a Type I expanded adult residential care home may be licensed to serve at any one time from 5 to 6 clients.

HOUSE OF REPRESENTATIVES

H.B. NO.

2366

TWENTY-THIRD LEGISLATURE, 2006

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO INCREASING CAPACITY FOR HOME AND COMMUNITY-BASED LONG-TERM CARE SERVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 321-15.62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The director of health shall adopt rules regarding expanded adult residential care homes in accordance with chapter 91 which shall implement a social model of health care designed to:

(1) Protect [the] persons' health, safety, and civil rights, [and] as well as rights of choice [of the persons] to reside in a nursing facility or in home- or community-based care;

(2) Provide for the licensing of expanded adult residential care homes for persons who: (i) are certified by the department of human services, a physician, advanced practice registered nurse, or registered nurse case manager as requiring skilled nursing facility level or intermediate care facility level of care [who]; and (ii) have no financial relationship with the home care operator or facility staff; provided that the rules shall allow group living in the following two categories of expanded adult residential care homes as licensed by the department of health:

(A) [Type] A type I home shall consist of [five] six or [less] fewer residents with no more than [two] three nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; and

(B) [Type] A type II home shall consist of six or more residents, with no more than twenty per cent of the home's licensed capacity [as] at nursing facility level [residents;] of care; provided that more nursing facility level residents may be allowed at the discretion of the department;

provided further that the department shall exercise its discretion for a resident presently residing in a [Type] type I or [Type] type II home, to allow the resident to remain as an additional nursing facility level resident based upon the best interests of the resident. The best interests of the resident shall be determined by the department after consultation with the resident, the resident's family, primary physician, case manager, primary caregiver, and home operator;

(3) Comply with applicable federal laws and regulations of Title XVI of the Social Security Act, as amended; and

(4) Provide penalties for the failure to comply with any rule."

SECTION 2. Section 346-331, Hawaii Revised Statutes, is amended by amending the definition of "community care foster family home" or "home" to read as follows:

""Community care foster family home" or "home" means a home that, for the purposes of this part:

(1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

(2) Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than [two] three adults at any one time, at least [one] two of whom shall be [a] medicaid [recipient,] recipients, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; and

(3) Does not include expanded adult residential care homes or assisted living facilities, both of which shall continue to be licensed by the department of health."

SECTION 3. Section 346-332, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-332[]] Applicability. (a) Prior to June 30, 2006, this part shall apply to the demonstration project statewide.

(b) Community care foster family homes shall be required to reserve at least [one bed] two beds for medicaid patients."

SECTION 4. Act 273, Session Laws of Hawaii 2001, as amended by Act 95, Session Laws of Hawaii 2003, Act 98, Session Laws of Hawaii 2003, and Act 153, Session Laws of Hawaii 2004, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on July 1, 2001[, and shall be repealed on June 30, 2006]."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2006, except that section 4 shall take effect on June 29, 2006.

INTRODUCED BY:

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BY REQUEST