HOUSE OF REPRESENTATIVES	H.B. NO.	2110
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO HEALTH.

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

PART I

SECTION 1. 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] any person, corporation, or any other entity 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] person, corporation, or any other entity 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 2. Section 321-488, Hawaii Revised Statutes, is repealed.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."]

PART II

SECTION 3. Section 321-1.9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-1.9[]] Inspections; visits; state-licensed or state-certified care facilities. (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;

(C) Assisted living facilities;

(D) Intermediate care facilities;

(E) Nursing facilities; and

(F) Skilled nursing facilities; and

(7) Special treatment facilities.

(b) 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 or recertification may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing or recertification shall be conducted without notice.

(c) Consistent with subsection (b), the department shall prioritize complaint investigations based on the degree of severity of the allegations with actual harm or potential harm to be given the highest priority.

[(c)] (d) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section."

PART III

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

Report Title:

Care Facilities; Uncertified Facilities; Unlicensed Facilities; Enforcement; Complaint Allegations

Description:

Clarifies the group of professionals who are prohibited from knowingly referring or transferring patients to an uncertified or unlicensed care facility. Repeals landlord exclusion. Requires the Department of Health to triage complaint allegations based to severity for inspections of care facilities. Effective 7/1/2050. (SD1)

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