HB2450

SECTION 1. Section 321-1.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~Beginning with inspections occurring on January 1, 2015, the~~] 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[.]; and

(8) Hospice homes as defined in section 321-15.1."

SECTION 2. Section 321-1.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of health shall conduct unannounced visits and inspections, including inspections for relicensing or recertification, for the following state-licensed or state-certified care facilities on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident:

(1) Adult day health centers;

(2) Adult day care centers;

(3) Community care foster family homes;

(4) Developmental disabilities domiciliary homes;

(5) Adult foster homes;

(6) Long-term care facilities, including but not limited to:

(A) Adult residential care homes;

(B) Expanded adult residential care homes;

(D) Intermediate care facilities;

(E) Nursing facilities; and

(F) Skilled nursing facilities; [~~and~~]

(7) Special treatment facilities[.]; and

(8) Hospice homes, as defined under section 321-15.1."

SECTION 3. Section 321-15.63, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of health [~~may~~] shall license hospice service agencies. If the department licenses hospice service agencies, the director shall adopt rules in accordance with chapter 91 regarding hospice service agencies that shall:

(1) Protect the health, safety, welfare, and civil rights of persons residing in their place of residence; and

(2) Provide penalties for the failure to comply with any rule.

Licensing shall be required annually for the first two years of licensure. Thereafter, licensing shall be required biennially; provided that if the department of health receives a complaint regarding the hospice service agency from the time of the last licensure, the licensing shall be required annually until such time as the department is satisfied that licensing may proceed biennially."

SECTION 4. Section 457A-1.5, Hawaii Revised Statutes, is amended by amending the definition of "state-licensed or state-certified health care settings" to read as follows:

""State-licensed or state-certified [~~health~~] care settings" means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health."

SECTION 5. Section 457A-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director, in accordance with chapters 91 and 92, shall adopt rules to implement the provisions of this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r and the federal regulations adopted pursuant thereto, that relate to:

(1) The minimum requirements necessary for certification as a nurse aide;

(2) Examination requirements, including the passing score and provisions for contesting examination results;

(3) Maintenance requirements for continued certification; and

(4) Implementation and maintenance of a nurse aide registry of certified nurse aides employed in medicare or medicaid certified nursing facilities and certified nurse aides in other state-licensed and state-certified [~~health~~] care settings."

SECTION 6. Section 457A-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§457A-8[]] Nurse aide certification for state-licensed or state-certified [~~health~~] care settings. (a) This certification applies to nurse aides working in state-licensed and state-certified [~~health~~] care settings other than a medicare or medicaid certified nursing facility.

(b) To be certified, an applicant shall successfully complete:

(1) Training in a training program approved by the director of human services under section 346-46; and

(2) A nurse aide examination approved by the director.

(d) Reciprocity shall be granted to qualified nurse aides who have completed a state-approved program, the requirements of which are comparable to the requirements of this chapter.

(e) Maintenance requirements for the recertification process shall be required on a biennial basis and shall include a competency evaluation approved by the department of human services, and employment in a state-licensed or state-certified [~~health~~] care setting."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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, 2019, and shall apply to inspections under sections 1 and 2 of this Act that occur on or after January 1, 2020.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2450
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII