SB2539

THE SENATE	S.B. NO.	2539
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to Disaster Preparedness.

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

SECTION 1. 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 severe damage, it underscored the need to assess the ability of Hawaii's health care system to withstand natural disasters.

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

The Katrina experience 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 they were uncertain whether their facilities could resist the effects of a hurricane. Most felt they would be compelled to evacuate their residents because of this uncertainty. However, the availability 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 possible evacuees.

The evacuation of nursing home residents should be considered only after all other options have been explored. 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.

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

The purpose of this Act is to fund a study to assess the structural integrity of each hospital and nursing home facility in Hawaii.

SECTION 2. The department of health shall undertake a study to assess the structural integrity of all hospitals and nursing homes in Hawaii. The assessment shall be conducted by registered professional engineers qualified to conduct structural analysis and knowledgeable in the effects of hurricanes. The assessment shall include rating each facility based on its ability to survive the likely effects of hurricanes in categories I, II, III, IV, and V and earthquakes as strong as magnitude 8.5.

Information derived from the assessment shall be provided to facility owners and operators and used to support risk-based disaster plans. The information shall also be provided to local and state civil defense officials and used to support evacuation decisions. A summary of the assessment shall be provided to the legislature not later than twenty days prior to the convening of the regular session of 2009.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2008‑2009 for a study to assess the structural integrity of all hospitals and nursing homes in Hawaii.

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

SECTION 4. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________