HB1597 HD1

HOUSE OF REPRESENTATIVES	H.B. NO.	1597
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to health care.

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

SECTION 1. The legislature finds that a very serious issue facing our state is the lack of capacity currently in our community to provide adequate care in community-based residential settings. This is true not only for individuals with disabilities, but for the vast majority of elderly individuals in need of basic medical care or assistance with their activities of daily living. This lack of capacity will become more exacerbated over time, as our population ages. The legislature further finds that one of the unfortunate results of this lack of capacity has been a disturbing increase in the number of Hawaii residents discharged from hospitals or treatment facilities in Hawaii to facilities on the mainland.

The legislature finds this to be an unacceptable situation. As an island community, we have a responsibility to take care of our elders and individuals with disabilities in a proper fashion. The notion of shipping our kupuna to the mainland merely because they are old or ill and are occupying valuable space in a hospital while they are waiting for a bed to open up at a nursing home or care home is shocking.

We need to reverse this alarming trend of sending our local elders and citizens with disabilities to the mainland simply because we lack the capacity to care for them here at home. We can build, develop, and increase our capacity to care for our people in a way that preserves their dignity and allows them to reside in a community-based setting and receive care appropriate to their needs.

The legislature finds that on a case-by-case basis, individuals who may be subject to a transfer to a mainland facility need to be apprised of their legal rights and need to be able to consult with an advocacy agency suited to determining whether their rights are being violated or whether their needs are being met. Hawaii has a state-designated protection and advocacy system that is well designed and equipped to perform this function.

The purpose of this Act is to ensure that the rights and needs of each individual are protected by requiring all health care facilities and health care providers to notify the state-designated protection and advocacy entity or agency prior to transferring any individual out-of-state to a treatment, rehabilitation, or long-term care facility.

SECTION 2. Section 333F-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§333F-8.5 Advocacy agency for persons with developmental disabilities and mental illness. (a) The purpose of this section is to comply with federal law, which mandates the states to provide advocacy services to persons with developmental disabilities and mental illness in order to receive federal funds.

(b) The governor may designate an entity or agency to carry out the purposes of this section.

(c) The entity or agency designated by the governor shall have access to all records of any person with developmental disabilities or mental illness, to the extent required by federal law.

(d) The entity or agency so designated by the governor shall provide those advocacy services to persons with developmental disabilities or mental illness as required by federal law. All departments and agencies of the State and the judiciary shall cooperate with the entity or agency so designated to carry out the purposes of this section.

(e) Prior to the transfer of any elderly individual in need of basic medical care or individual with a developmental disability, mental illness, or other disability to a treatment, rehabilitation, or long-term care facility located outside of the State of Hawaii, the entity proposing the transfer shall provide notice thereof to the state-designated protection and advocacy system; provided that this subsection shall not apply to prisoners."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon approval.