THE SENATE

HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

INTERIM OF 2019

COMMITTEE ON COMMERCE, CONSUMER PROTECTION, AND HEALTH

Senator Rosalyn H. Baker, Chair

Senator Stanley Chang, Vice Chair

Sen. Jarrett Keohokalole	Sen. Laura H. Thielen
Sen. Clarence K. Nishihara	Sen. Kurt Fevella
Sen. Russell E. Ruderman

COMMITTEE ON HEALTH

Rep. John M. Mizuno, Chair

Rep. Bertrand Kobayashi, Vice Chair

Rep. Della Au Belatti	Rep. Calvin K.Y. Say
Rep. Nadine K. Nakamura	Rep. James Kunane Tokioka
Rep. Joy A. San Buenaventura	Rep. Gene Ward

COMMITTEE ON HUMAN SERVICES & HOMELESSNESS

Rep. Joy A. San Buenaventura, Chair

Rep. Nadine K. Nakamura, Vice Chair

Rep. Della Au Belatti	Rep. Calvin K.Y. Say
Rep. Bertrand Kobayashi	Rep. James Kunane Tokioka
Rep. John M. Mizuno	Rep. Gene Ward

NOTICE OF MEETING

DATE:	Tuesday, November 26, 2019
TIME:	10:00 a.m.
PLACE:	Conference Room 309 State Capitol 415 South Beretania Street

A G E N D A

The Senate Committee on Commerce, Consumer Protection and Health and the House Committees on Health and Human Services & Homelessness will be reviewing polices to address the "Silver Tsunami," which refers to the significant number of elderly in Hawaii who now comprise 21.5% of the population. Nearly one in four Hawaii residents is aged 60 or older.

The Committees will hear from the Legislature's Kupuna Caucus as well as the State Attorney General's Office, the Department of Health, other departments and community organizations. A major point of interest for the briefing is the growing number of unlicensed, illegal community care homes in the State. In January 2018, the Department of Health fined a former licensed community care home operator $325,000 which then closed, became unlicensed and began using a so-called "aging-in-place" model. Hawaii has approximately 1,700 licensed legal long-term care facilities serving 12,300 residents. In a prior briefing in 2018 before the Health and Human Services Committee, the Department of Health reported that 76 community care foster family homes closed in 2016 and another 74 community care foster family homes closed in 2017 without citing a reason. Many unlicensed "aging-in-place" models are proliferating throughout the State. The rise of unlicensed community care homes has grown significantly within the last three years.

The purpose of this briefing will be to assess the actual impact of unlicensed community care homes in Hawaii, the consumer protection concerns for Hawaii's kupuna and disabled, and the adverse effect it may have on the long-term healthcare system. Currently, these "aging-in-place" models have no Department of Health oversight, do not allow department personnel to enter or inspect their homes, are not licensed by the Department of Health, do not carry liability insurance and are not regulated. Community care homes and medical facilities licensed by the Department of Health are subjected to:

1. Criminal background checks of all employees

2. Be licensed by the Department of Health after fulfilling all safety and insurance requirements

3. Annual inspections by the Department of Health

4. Unannounced inspections by the Department of Health

5. Liability insurance for the patients

6. Vehicle insurance for the patients

7. Building and fire code requirements

8. Medical records requirements

9. Billing and financial records requirements

10. Medication pass requirements

11. TB clearance

12. Housing and self-preservation requirements

13. The right of the resident to access the services of the long-term care ombudsman

14. Must allow the Department of Health to go onsite to visit the patient or the conditions of the home

The following organizations have been invited to participate in the briefing:

State Department of Health

State Department of the Attorney General

State Executive Office on Aging

State Long Term Care Ombudsman

Center on the Family, University of Hawaii at Manoa

Caring Across Generations

Community Ties of America

Community Case Managers

Community Caregiver Organizations

Adult Day Care Organizations

Kokua Council

Kupuna Caucus

Policy Advisory Board for Elder Affairs

At the end of the briefing, the Committees will discuss policy for consideration before the 2020 legislative session and address any recommendations by the presenters.

No public testimony will be accepted.

If you require special assistance or auxiliary aids and/or services to participate in the meeting (i.e., sign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6050 to make a request for arrangements at least 24 hours prior to the meeting.  Prompt requests help to ensure the availability of qualified individuals and appropriate accommodations.

For further information, please call the Committee Clerk at 586-6050.

________________________________________ Rep. John M. Mizuno Chair	________________________________________ Senator Rosalyn H. Baker Chair
________________________________________ Rep. Joy A. San Buenaventura Chair
________________________________________ Rep. Scott K. Saiki Speaker of the House	________________________________________ Senator Ronald D. Kouchi President of the Senate