Report Title:

ARCH; Admission

 

Description:

Sets certain restrictions on admission to ARCHs. Sets exceptions for admission or retention of residents in ARCHs. Requires admission and discharge agreement for each ARCH resident.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1308

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to adult residential care homes.

 

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

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§321-A Adult residential care homes; admission and retention; exceptions. (a) If a resident requires a greater degree of care than the adult residential care home would normally provide and the resident, by choice, wishes to be admitted or readmitted or to remain in the adult residential care home, and the facility wishes to admit, readmit, or retain the resident, the adult residential care home shall:

(1) Convene a team comprised of:

(A) The adult residential care home director;

(B) The resident;

(C) The resident's agent, guardian, or surrogate decision maker; and

(D) The treating physician; provided that if personally unable to meet with the team, then telephone consultation is permissible.

(b) The team shall jointly determine if the resident should be admitted or allowed to remain in the adult residential care home. The team shall approve an individual service plan that meets the specific needs of the resident. The team's approval shall be in writing, signed, and dated by all team members, and shall be maintained in the resident's record. The team approval must:

(1) Be based on an individual service plan that identifies the resident's specific needs and addresses the manner in which those needs will be met;

(2) Ensure that the adult residential care home has and will maintain a satisfactory evacuation plan;

(3) Be based on an assessment of the health, safety, and well being of the other adult residential care home residents; and

(4) Assess the impact that meeting the specific needs of the resident, as set out in the individual service plan, will have on the staff and on other residents of the adult residential care home.

(c) The team shall notify the department of health in writing within five days of the completion of the team approval and shall include evidence of the team's consideration of the factors in subsection (b).

(d) No state or county entity may remove the client from the adult residential care home without first notifying the team and, within five days, meeting with the team to discuss the cause of action and receiving the team's approval.

§321-B Adult residential care homes; admission and discharge agreement. (a) Each adult residential care home shall establish an admission and discharge agreement for each resident. The agreement shall include the following:

(1) The parties to the agreement;

(2) The scope of services to be provided;

(3) The cost of services and method of payment;

(4) The adult residential care home's bed hold policy; and

(5) The circumstances under which the agreement may be terminated;

(b) An admission and discharge agreement may provide for termination by the adult residential care home when the resident's health has improved sufficiently so the resident no longer needs the services provided by the adult residential care home. Termination of an agreement shall be made in writing with at least fifteen days prior notice to the resident and the resident's agent or guardian, unless the resident requests termination.

(c) Termination of an agreement by the adult residential care home shall be permitted in emergency situations for the following reasons:

(1) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the adult residential care home;

(2) The safety or health of individuals in the adult residential care home is endangered;

(3) The resident has failed to pay for a stay at the adult residential care home, as defined in the agreement; or

(4) The adult residential care home ceases to operate or is not longer able to provide services to the resident."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________