STAND. COM. REP. NO. 963-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 1911

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 1911, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to provide for the health and safety of vulnerable adults by:

(1) Requiring home care facilities home agencies to elderly or disabled persons through contract or agreement be licensed or certified and subject to unannounced inspections by the Department of Health (DOH) and providing for written notices for noncompliance and penalties for violations;

(2) Requiring DOH to establish a home aid registry;

(3) Establishing a process for reinstating previously licensed facilities that have discontinued their licensed status within the last five years;

(4) Authorizing DOH to establish procedures for the receipt, investigation, and resolution of complaints against home care agencies and giving DOH the right of entry pursuant to a complaint or while engaged in its investigations;

(5) Requiring DOH to include on its website electronic copies of inspection reports for community-based care homes;

(6) Authorizing DOH to maintain a forum on its website for posting vacancy information by state-licensed care facilities, requiring and funding DOH to convene a working group to discuss and provide feedback on the implementation and maintenance of the forum, and requiring a report to the Legislature;

(7) Expanding DOH's unannounced-visit mandate to community-based care homes and adult day care centers;

(8) Requiring community-based care homes and specified types of adult day care centers to be certified or licensed and under the purview of DOH; and

(9) Making intentionally operating a community-based foster family home, adult foster home, adult day care center, or home care agency, without a license, a misdemeanor offense.

The Office of the Long Term Care Ombudsman, Comprehensive Innovations for Senior Services, Adult Foster Homecare Association of Hawaii, Alliance of Residential Care Administrators, Big Island Adult Residential Care Home-Expanded ARCH Association, Quality Case Management, Inc., Filipino Nurses Organization of Hawaii, and several concerned individuals supported this measure. The Department of Health, Maile Case Management, and two concerned individuals opposed this measure. The Queen's Health Systems, AARP Hawaii, and Healthcare Association of Hawaii submitted comments on this measure.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1911, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

SYLVIA LUKE, Chair