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THE SENATE |
S.B. NO. |
2099 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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Proposed |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323D-43, Hawaii Revised Statutes, is amended to read as follows:
"§323D-43 Certificates of need. (a) No person, public or private, nonprofit or for profit, shall:
(1) Construct, expand, alter, convert, develop,
initiate, or modify a health care facility or health care services in the [State]
state that requires a total capital expenditure in excess of the
expenditure minimum; or
(2) Substantially modify or increase the scope or type of health service rendered; or
(3) Increase, decrease, or change the class of usage of the bed complement of a health care facility, or relocate beds from one physical facility or site to another,
unless a certificate of need therefor has first been issued by the state agency.
(b) No certificate of need shall be issued unless the state agency has determined that:
(1) There is a public need for the facility or the service; and
(2) The cost of the facility or service will not be unreasonable in the light of the benefits it will provide and its impact on health care costs.
(c) The state agency may adopt criteria for
certificate of need review [which] that are consistent with this
section. [Such] The criteria may include [but are not limited
to] need, cost, quality, accessibility, availability, and acceptability.
Each decision of the state agency to issue a
certificate of need [shall], except in an emergency situation that poses
a threat to public health, shall be consistent with the state health
services and facilities plan in effect under section 323D-15. Each certificate
of need issued shall be valid for a period of one year from the date of
issuance unless the period is extended for good cause by the state agency and
expenditures for the project shall not exceed the maximum amount of the
expenditures approved in the certificate of need.
(d) In the case of a renal dialysis facility:
(1) To be issued a certificate of need, a proposed renal dialysis facility shall meet the criterion of minimum average annual utilization rate as follows:
(A) At the proposed facility, the utilization rate shall be projected to reach seventy-five per cent by the third year of operation; and
(B) At all other existing renal dialysis facilities in the same health service area, the utilization rate shall be at least eighty per cent;
and
(2) For expansion of services at an existing renal dialysis facility, the facility's average annual utilization rate shall be at least eighty per cent.
For the purposes of this subsection, a minimum of 3.5 treatments per dialysis station per day shall be considered full utilization. A minimum of six dialysis stations shall be considered the optimum facility size."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2010 and shall be repealed on June 30, 2013.
Report Title:
Certificate of Need; Renal Dialysis Facility
Description:
Sets requirements for obtaining a certificate of need for a proposed renal dialysis facility and the amount of health care services that must be provided by new and existing renal dialysis facilities to continue to qualify under the certificate of need process. (PROPOSED SB2099 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.