REPORT TITLE:
Adult Residential Care Homes


DESCRIPTION:
Requires inspections of adult residential care homes to be made
at specified times with prior notice for purposes of confirming
correction of deficiencies and for investigation of complaints.
Requires prior notice of annual inspections.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.551        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADULT RESIDENTIAL CARE HOMES. 


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

 1      SECTION 1.  Section 321-15.6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "321-15.6  Adult residential care homes; licensing.(a)
 
 4 All adult residential care homes shall be licensed to ensure the
 
 5 health, safety, and welfare of the individuals placed therein.
 
 6      (b)  The director shall adopt and enforce rules regarding
 
 7 adult residential care homes in accordance with chapter 91
 
 8 [which] that shall be designed to:
 
 9      (1)  Protect the health, safety, and civil rights of persons
 
10           residing in facilities regulated;
 
11      (2)  Provide for the licensing of adult residential care
 
12           homes; provided that the rules shall allow group living
 
13           in two categories of adult residential care homes as
 
14           licensed by the department of health:
 
15           (A)  Type I allowing group living by five or fewer
 
16                unrelated persons; and
 
17           (B)  Type II allowing six or more persons including but
 
18                not limited to the mentally ill, elders, the
 
19                handicapped, the developmentally disabled, or
 
20                totally disabled persons who are not related to
 
21                the home operator or facility staff.
 

 
Page 2                                                     
 
                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1           For purposes of this section:
 
 2                "Developmentally disabled person" means a person
 
 3           with developmental disabilities as defined under
 
 4           section 333F-1.
 
 5                ["Mentally ill person" means a mentally ill person
 
 6           as defined under section 334-1.]
 
 7                "Elder" means an elder as defined under sections
 
 8           201G-1 and 201G-151.
 
 9                "Handicapped person" means an individual with a
 
10           physical handicap as defined under section 515-2.
 
11                ["Developmentally disabled person" means a person
 
12           with developmental disabilities as defined under
 
13           section 333F-1.]
 
14                "Mentally ill person" means a mentally ill person
 
15           as defined under section 334-1.
 
16                "Totally disabled person" means a person totally
 
17           disabled as defined under section 235-1;
 
18      (3)  Comply with applicable federal laws and regulations of
 
19           Title XVI of the Social Security Act, as amended; and
 
20      (4)  Provide penalties for the failure to comply with any
 
21           rule.
 
22      (c)  The department may provide for the training of and
 
23 consultations with operators and staff of any facility licensed
 
24 under this section, in conjunction with any licensing thereof,
 
Page 3                                                     
 
                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 and shall adopt and enforce rules to ensure that adult
 
 2 residential care home operators shall have the needed skills to
 
 3 provide proper care and supervision in a home environment as
 
 4 required under department rules.
 
 5      (d)  The department shall establish a standard admission
 
 6 policy and procedure [which] that shall require the provision of
 
 7 information that includes the appropriate medical and personal
 
 8 history of the patient as well as the level of care needed by the
 
 9 patient prior to the patient's referral and admission to any
 
10 adult residential care home facility.  The department shall
 
11 develop appropriate forms and patient summaries for this purpose.
 
12      (e)  The department shall maintain an inventory of all
 
13 facilities licensed under this section and shall maintain a
 
14 current inventory of vacancies therein to facilitate the
 
15 placement of individuals in such facilities.
 
16      (f)  The department shall develop and adopt a social model
 
17 of health care to ensure the health, safety, and welfare of
 
18 individuals placed in adult residential care homes.  The model of
 
19 care shall be designed to protect the health, safety, civil
 
20 rights, and rights of choice of the persons to reside in a
 
21 nursing facility or in home- or community-based care. 
 
22      (g)  Inspection visits to licensed adult residential care
 
23 homes, for purposes of confirming correction of deficiencies and
 

 
Page 4                                                     
 
                                     H.B. NO.           
 
                                                        
 
                                                        
 
 1 for investigation of complaints, shall be made at specified times
 
 2 with prior notice given to the adult residential care home
 
 3 operator.  Adult residential care home operators shall be
 
 4 notified with a specific date and time of visit for annual
 
 5 inspections."
 
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________