HB2279 HD1

PART I

SECTION 1. Section 321-1.8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-1.8[]] Inspections; public notice. (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:

(1) Adult day health centers;

(2) Adult day care centers;

(3) Community care foster family homes;

(4) Developmental disabilities domiciliary homes as defined in section 321‑15.9;

(5) Developmentally disabled adult foster homes;

(6) Long-term care facilities as defined in section 349‑21(f); and

(7) Special treatment facilities as defined in section 334‑1.

(b) Each inspection report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information:

(1) The date of the inspection;

(2) A description of violations of relevant state laws or rules, if applicable;

(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;

(4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and

(5) Other information regarding the quality and conditions of the facility the department of health deems appropriate.

(c) Each inspection report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted.

(d) Beginning , in addition to the inspection information required by subsection (a), the department of health may maintain a forum on its website where all state-licensed care facilities specified in subsection (a) may post vacancy information to facilitate the placement of individuals therein."

SECTION 2. (a) No later than , the department of health shall convene a working group to discuss and provide feedback on the implementation and maintenance of a forum on its website where state-licensed care facilities may post vacancy information to facilitate the placement and referrals of individuals within state-licensed care facilities, as specified in section 321-1.8(d), Hawaii Revised Statutes.

(b) The department of health shall submit a report to the legislature no later than twenty days before the convening of the regular session of 2019 of its findings and recommendations relative to the implementation and maintenance of a forum on its website, as specified in subsection (a). The report shall also include feedback on the posting of vacancy information on the website.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the implementation and maintenance of a forum on the department of health's website as permitted by this part.

The sum appropriated shall be expended by the department of health for the purposes of this part.

PART II

SECTION 4. Section 321-15.6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§321-15.6 Adult residential care homes; community-based care homes; adult day care centers; licensing. (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department of health shall conduct unannounced visits, other than the inspection for relicensing, to every [~~licensed adult~~]:

(1) Adult residential care home [~~and expanded~~];

(2) Expanded adult residential care home;

(3) Community-based care home; and

(4) Adult day care center,

licensed or certified and under the purview of the department on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident. Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing shall be conducted with notice, unless otherwise determined by the department."

SECTION 5. Section 321-15.62, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§321-15.62 Expanded adult residential care homes; community-based care homes; adult day care centers; licensing. (a) All expanded adult residential care homes, community-based care homes, and adult day care centers that provide health care to elderly or disabled persons who are unrelated to the caregiver family shall be licensed or certified and under the purview of the department of health to ensure the health, safety, and welfare of the individuals placed therein."

SECTION 6. Section 321-15.7, Hawaii Revised Statutes, is amended to read as follows:

"§321-15.7 Penalty. Any person who intentionally operates an adult residential care home, community-based foster family home, adult foster home, adult day care center, or hospice home without a license shall be guilty of a misdemeanor."

SECTION 7. Act 184, Session Laws of Hawaii 2016, is amended by repealing sections 3 and 4.

["~~SECTION 3. Section 321-15.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:~~

"(a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct [unannounced visits, other than the inspection for relicensing, to every licensed adult residential care home and expanded adult residential care home on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident. Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing shall be conducted with notice, unless otherwise determined by the department.] visits and inspections pursuant to section 321- ."

~~SECTION 4. Section 321-15.62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:~~

"(a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321- .""]

PART III

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2279
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII