HOUSE OF REPRESENTATIVES	H.C.R. NO.	35
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE AUDITOR TO ANALYZE A PROPOSED MEASURE TO REGULATE HOME CARE AGENCIES BY THE DEPARTMENT OF HEALTH.

     WHEREAS, home care is a component of the health care continuum that is quickly expanding largely due to the rising demand by disabled elderly individuals for care in their own homes when possible, rather than in institutional settings; and

     WHEREAS, home care agencies provide a broad range of services, both professional and nonprofessional, such as private-duty nursing services, rehabilitation therapy services, social services, personal care services, and companion services; and

     WHEREAS, a home care worker is often the only other person in the home of a client, who may be mentally or physically impaired; and

     WHEREAS, at present, home care agencies are not regulated or licensed in the State; and

     WHEREAS, it is essential to ensure that home care workers are adequately trained and ethically responsible; and

     WHEREAS, section 26H‑6, Hawaii Revised Statutes, requires that new regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls, shall be referred to the Auditor for analysis; and

     WHEREAS, referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed; and

     WHEREAS, House Bill No. 704, H.D. 1, S.D. 1 (2009) proposing that the Department of Health regulate home care agencies through licensure has been introduced during the Regular Session of 2009; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Auditor, pursuant to section 26H‑6, Hawaii Revised Statutes, is requested to perform an analysis of the proposed regulation of home care agencies by the Department of Health, as proposed in House Bill No. 704, H.D. 1, S.D. 1 (2009); and

     BE IT FURTHER RESOLVED that the Auditor is requested to set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in the sunrise review evaluation law; and

     BE IT FURTHER RESOLVED that the Auditor is requested to include in the analysis an assessment of alternative forms of regulation; and

     BE IT FURTHER RESOLVED that the Auditor is requested to submit any findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and the Director of Health.

Report Title: 

Home Care Agencies; Sunrise Review by Auditor