HOUSE OF REPRESENTATIVES	H.B. NO.	2110
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HEALTH.

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

SECTION 1. Section 321-486, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-486[]] Investigations. Upon receiving a report that a person, corporation, or any other entity may be operating a care facility without a certificate or license as required by law and issued by the department of health, or that a home or any type of living arrangement may be operating as a care facility without a certificate or license as required by law and issued by the department, the department [may] shall conduct an investigation for the limited purposes of determining whether the person or entity is operating without a required certificate or license in accordance with the following provisions:

(1) The department [may] shall request access to the location indicated in the report; or

(2) The department [may] shall file a complaint with the district court in the circuit of the location indicated in the report, and the district court, upon a finding of probable cause, may issue a search warrant directed to the department and the appropriate county police department, if necessary, to investigate the location pursuant to this section between the hours of sunrise and sunset."

SECTION 2. Section 321-486.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-486.1[]] Action upon investigation. Upon investigation, the department [may] shall take action on confirmed findings that the subject of a report is operating a care facility without the required certificate or license and [may do any or all] shall remedy the unauthorized practice by means to include but not be limited to at least one of the following:

(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;

(2) Exercise the department's right of entry under section 321-486.2;

(3) File a petition with the district court for enforcement, protective, or remedial action; or

(4) Pursue any protective or remedial actions authorized by law."

SECTION 3. Section 321-487, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) It shall be unlawful for a certified or licensed healthcare provider [or], certified or licensed care facility, social worker, navigator, or individual discharge planner to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any certified or licensed healthcare provider [or], certified or licensed care facility, social worker, navigator, or individual discharge planner that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that the fine shall be no more than:

(1) $500 for the first violation;

(2) $1,000 for the second violation; and

(3) $2,000 for the third and each succeeding violation."

SECTION 4. Section 321-488, Hawaii Revised Statutes, is repealed.

["[§321-488] Exclusion. For purposes of this chapter, a landlord, as defined in section 521-8, shall not be deemed to be providing home care services or to be operating a care facility requiring a license under this chapter solely due to a landlord permitting a tenant to receive care services from persons licensed to provide care services, if licensing is otherwise required by law, and the landlord does not require a tenant to use or pay for care services as a condition of the rental agreement. For the purposes of this section, an operator means an individual or entity that operates or manages a healthcare facility or similar facility that provides care services in that facility."]

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2020.

INTRODUCED BY:

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Report Title:

Care Facilities; Uncertified; Unlicensed; Enforcement

Description:

Requires DOH to investigate care facilities reportedly operating without an appropriate certificate or license, and to take action on confirmed findings of uncertified or unlicensed operation. Includes social workers, navigators, and individual discharge planners in the group of professionals prohibited from knowingly referring or transferring patients to an uncertified or unlicensed facility. Repeals landlord exclusion.

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