HB2155.DOC

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part XIV to be appropriately designated and to read as follows:

"§346- Case management agencies and case managers; code of professional conduct. (a) Each case management agency subject to this part and each case manager, whether employed by a case management agency or not, shall adhere to the code of professional conduct set forth in this section.

(b) Persons subject to this section shall protect the public interest at all times according to the following standards:

(1) Advocate for clients to:

(A) Provide a comprehensive assessment to identify the client's needs;

(B) Provide options for necessary services; and

(2) Recognize that the primary client may not be the person responsible for payment for services;

(3) Facilitate, in the event of conflicting needs between a client and family, friends, or other health professionals, a resolution through review and discussion among the relevant parties; and

(4) Provide, prior to termination of services, written notification to all relevant parties and assistance to ensure reasonable and safe transition of care.

(c) Persons subject to this section shall respect the rights and dignity of clients according to the following standards:

(1) Provide information to enable clients to make informed choices;

(2) Involve clients in decision-making and encourage verbal or non-verbal communication of their wishes;

(3) Ensure that decisions concerning clients who themselves are unable to comprehend factors involved in the decision-making are made by individuals who are authorized to make them;

(4) Include a description of services, possible benefits, significant risks, alternatives, and the right to refuse services in information provided to clients concerning case management services; and

(5) Provide case management services cost information prior to provision of services.

(d) Persons subject to this section shall maintain objectivity in relationships with clients according to the following standards:

(1) Refrain from entering into any business, professional, or other relationship with a client or member of the client system that interferes with the case manager's or agency's professional objectivity or leads to exploitation of the client or the client system;

(2) Maintain objectivity in professional relationships and refrain from imposing personal values; and

(3) Disclose fully any conflict of interest that interferes with the ability to act in the client's best interest or leads to potential exploitation of the case manager-client relationship.

(e) Persons subject to this section shall act with integrity in dealing with other professionals to facilitate the client's best interests according to the following standards:

(1) Refrain from accepting a referral if acceptance creates a high probability of compromising personal and professional ethics;

(2) Refrain from accepting any compensation, gift, or gratuity in exchange for the provision of professional services, including placement into a foster home; and

(3) Refrain from rewarding, paying, or compensating any individual, company, or entity for directing or referring clients.

(f) Persons subject to this section shall maintain competency at a level that ensures each client receives the benefit of services that are appropriate for and consistent with the client's conditions and circumstances, according to the following standards:

(1) Act only in the roles for which the case manager or agency has attained appropriate skills, knowledge, and training; and

(2) Operate within respective scopes of practice as defined by law.

(g) Persons subject to this section shall obey all applicable laws and rules by being knowledgeable about and acting in accordance with all applicable federal, state, and county laws and procedures relating to the scope of practice of case management.

(h) Persons subject to this section shall respect the client's right to privacy according to the following standards:

(1) Be knowledgeable about and act in accordance with all applicable federal, state, and county laws and procedures relating to client consent, confidentiality, and release of information;

(2) Obtain written authorization for release of personal health information if the release benefits the client;

(3) Inform the client, at the beginning of the case manager-client relationship, that the case manager is mandated to reveal information to appropriate authorities as soon as and to the extent the case manager or agency reasonably believes necessary to prevent the client from either committing acts likely to result in bodily harm or imminent danger to the client or others, or committing criminal, illegal, or fraudulent acts; and

(4) Maintain client records to ensure confidentiality.

(i) Persons subject to this section shall maintain fiscal accountability according to the following standards:

(1) Disclose a written fee structure before providing services and provide, upon request, a detailed and accurate accounting of fees charged;

(2) Refrain from structuring fees on a percentage of a client's assets or providing quality of care based on the level of fees charged;

(3) Refrain from directly accessing a client's financial accounts for payment of services without supervision by a third party; and

(4) Establish and maintain billing practices that accurately reflect the nature and extent of services provided, in accordance with applicable laws and contractual requirements.

(j) Persons subject to this section shall refrain from engaging in unprofessional behavior according to the following standards:

(1) Refrain from committing any criminal act;

(2) Refrain from dishonest, fraudulent, or deceptive conduct;

(3) Refrain from discriminatory conduct against a client with regard to race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability; and

(4) Refrain from sexually intimate behavior with a client or caregiver of a client.

(k) Persons subject to this section shall maintain the integrity of this code of conduct according to the following standards:

(1) Report promptly to the Commission for Case Manager Certification and any authorized investigative agency, any knowledge of a violation of this section by another case manager subject to this section if that knowledge is not subject to confidentiality;

(2) Refrain from initiating, participating, or encouraging malicious, unwarranted, or frivolous filing of complaints; and

(3) Make accurate, honest, and unbiased reports of results of professional activities to appropriate third parties to avoid exerting undue influence upon the decision-making process."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2155
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII