STAND. COM. REP. NO.  1244-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2126

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Health and Human Services, to which was referred S.B. No. 2126, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE,"

beg leave to report as follows:

The purpose of this measure is to consolidate the authority, duties, responsibilities, and jurisdiction of the Department of Human Services and Department of Health as they relate to various health care services by transferring to the Office of Health Care Assurance of the Department of Health, on July 1, 2014, the programs of the Department of Human Services relating to:

     (1)  Home and community-based case management and community care foster family homes; and

     (2)  Adult day care.

The Department of Human Services, the Policy Advisory Board for Elder Affairs, AARP, Hawaii Alliance for Retired Americans, the Filipino American Citizens League, the Case Management Council, and several individuals supported this measure.  The Department of Health supported the intent of this measure.

     Your Committees have amended this measure by:

     (1)  Deleting the definition of the term "expanded adult residential care home";

     (2)  Clarifying that the adult abuse perpetrator checks conducted determine whether an adult abuse perpetrator is known to the Department of Human Services;

     (3)  Requiring criminal history record checks for personnel and adult volunteers at adult day care centers;

     (4)  Restoring the use or disclosure of information concerning applicants and recipients to include purposes connected with any investigation, prosecution, or criminal proceeding conducted in connection with the licensing or operation of an adult day care center;

     (5)  Deleting the appropriation for the Department of Health to fund the costs of performing the services and duties required by this measure that are not sufficiently funded by the funds transferred from the Department of Human Services;

     (6)  Changing the effective date to July 1, 2050, to promote continued discussion; and

     (7)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2126, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2126, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services,

____________________________ JOHN M. MIZUNO, Chair

____________________________ RYAN I. YAMANE, Chair