HOUSE OF REPRESENTATIVES	H.B. NO.	1725
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Adult Foster Homes.

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

     SECTION 1.  Section 321-11.2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The rules of the department of human services adopted under authority of section 346-17, which prescribe the standards of conditions and competence of operation of child foster boarding homes shall apply to adult foster homes.  Notwithstanding chapter 91, to the contrary, the rules shall be considered adopted by the department of health on July 1, 1986, for the purpose of regulating adult foster care homes and shall be valid until the department of health adopts rules pursuant to chapter 91.  The department of health shall adopt rules pursuant to chapter 91 necessary for the purposes of this section[.]; provided that the department of health shall not impose minimum structural requirements on adult foster homes that are operational under a valid, current, and non-suspended license originally issued prior to July 1, 2014."

     SECTION 2.  Section 321-483, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall adopt rules pursuant to chapter 91 relating to:

(1) Standards of conditions and competence for the operation of community care foster family homes; provided that the department shall not impose minimum structural requirements on community care foster homes that are operational under a valid, current, and non-suspended license originally issued prior to July 1, 2014;

(2) Procedures for obtaining and renewing a certificate of approval from the department;

(3) Minimum grievance procedures for clients of community care foster family home services; and

     (4)  Requirements for primary and substitute caregivers caring for three clients in community care foster family homes including:

         (A)  Mandating that primary and substitute caregivers be twenty-one years of age or older;

         (B)  Mandating that primary and substitute caregivers complete a minimum of twelve hours of continuing education every twelve months or at least twenty-four hours of continuing education every twenty-four months;

         (C)  Allowing the primary caregiver to be absent from the community care foster family home for no more than twenty-eight hours in a calendar week, not to exceed five hours per day; provided that the substitute caregiver is present in the community care foster family home during the primary caregiver's absence;

         (D)  Where the primary caregiver is absent from the community care foster family home in excess of the hours as prescribed in subparagraph (C), mandating that the substitute caregiver be a certified nurse aide; and

         (E)  Mandating that the substitute caregiver have, at a minimum, one year prior work experience as a caregiver in a community residential setting or in a medical facility."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.
     SECTION 4.  This Act shall take effect on July 1, 2014.

INTRODUCED BY:

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Report Title:

Adult Foster Homes; Community Care Foster Homes

Description:

Prohibits the Department of Health from imposing minimum structural requirements on adult foster homes and community care foster homes that operate under a current and valid license prior to July 1, 2014.  Effective July 1, 2014.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.