Report Title:

Assisted Living Facilities; Safety

Description:

Establishes safety and evacuation criteria for assisted living facilities that accept individuals with an impairment that prevents the resident from safely evacuating with minimal assistance.  Requires that assisted living facilities implement the criteria by July 1, 2008.  (SB68 HD1)

THE SENATE	S.B. NO.	68
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

Relating to health.

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

     SECTION 1.  The legislature finds that our elderly population is growing to unprecedented numbers as the baby boomers enter retirement.  It is inevitable that some of these seniors will need assistance with their day-to-day activities, while maintaining their much-deserved independence.  However, many of our seniors do not require the level of care that is provided by skilled nursing facilities.  Instead, safe assisted living arrangements are the most desired options for these individuals.

     The purpose of this Act is to promote choice and autonomy by providing seniors with safe assisted living options. SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321‑   Assisted living facilities; safety. (a)  No later than July 1, 2008, any assisted living facility that accepts or retains any individual with a physical, cognitive, or other impairment that prevents the individual from safely evacuating the facility independently, shall provide necessary assistance for the resident to reach a point of safety.

(b)  Each assisted living facility shall:

(1) Maintain sufficient staff on the premises twenty-four hours a day, seven days a week who are able to assist in evacuations;

(2) Include an individualized evacuation plan in the service plan of each resident;

(3) Be equipped with an automatic sprinkler system, smoke compartments, and smoke alarms in compliance with adopted fire life safety codes as determined by the authority having jurisdiction over assisted living facility fire codes;

(4) Provide routine fire drills and record keeping to demonstrate each facility's evacuation capability;

(5) Provide evacuation and fire safety training for staff and residents;

(6) Promptly report all fires and other emergency incidents to fire safety and facility licensing agencies having authority;

(7) Establish points of safety within the facility and outside the facility;

(8) Establish procedures to provide residents with the opportunity to explore the facility, and if appropriate, its grounds; and

(9) Use a personal electronic monitoring device for any resident whose physician recommends the use of such a device."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.