SB153 SD1

THE SENATE	S.B. NO.	153
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to NATURAL DISASTER PREPAREDNESS IN HEALTH CARE FACILITIES.

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

SECTION l. The legislature finds that the devastating effects of Hurricane Katrina revealed severe shortcomings of the health care system serving the residents of the Gulf Coast. And while the earthquake that shook Hawaii on October 15, 2006, did not cause widespread severe damage, it did underscore the need to assess the ability of our health care facilities to withstand natural disasters.

The Office of Domestic Preparedness within the Office of Homeland Security issued a directive to each state requiring them to assess their ability to evacuate and shelter residents in the event of a disaster. Of particular concern are the special populations served by hospitals and long term care facilities.

Hurricane Katrina demonstrated that smaller residential health care facilities on the Gulf Coast, such as nursing homes, were not constructed to withstand strong winds. Hawaii is in a similar situation. Discussions with nursing home executives revealed that many were uncertain whether their facilities could resist the effects of a hurricane, and most felt they would be compelled to evacuate their residents because of this uncertainty. However, the capacity of shelters that are specially designed for nursing home residents is insufficient.

Although state officials are currently working to establish special needs shelters and to improve evacuation procedures, they concede that the number of actual and potential shelters are inadequate to house and protect the large numbers of potential evacuees.

The evacuation of nursing home residents should be considered only after all other options have been considered. Enabling nursing homes to "shelter in place" their residents and staff is the preferred alternative because it eliminates any risks resulting from transportation and does not use scarce emergency shelter resources. However, this option requires confidence in the structural integrity of a nursing home.

In general, hospitals are typically more prepared than nursing homes to address disasters. For example, hospitals have comprehensive plans that will be implemented in the event of a pandemic or terrorist attack. Still, the Katrina experience underscores the need to assess hospital facilities as well, to determine their ability to withstand hurricanes.

The purpose of this Act is to require the department of health to assess the structural integrity of each hospital and nursing home facility in Hawaii and appropriate moneys for this purpose.

SECTION 2. The department of health shall assess the structural integrity of each hospital and nursing home facility in Hawaii. The assessment shall be conducted by one or more registered professional engineers qualified to conduct structural analyses on existing structures, and knowledgeable in the effects of hurricanes, earthquakes, and other natural disasters. The assessment shall include rating each facility based on its ability to survive the likely effects of hurricanes and earthquakes of various intensities, and other disasters.

SECTION 3. (a) The department of health shall provide the results of the assessment to:

(1) Facility owners and operators to support preparation of risk-based disaster plans; and

(2) State and county civil defense officials to support evacuation decisions.

(b) The department shall submit a report on its findings and recommendations no later than twenty days prior to the convening of the regular session of 2008.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, to assess the structural integrity of all hospitals and nursing homes in Hawaii to determine their ability to withstand different types of natural disasters.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2020.