Report Title:

Adult Residential Care Homes; Hospital Patients


Requires moneys in the hospital and medical facilities special fund to be expended to enhance programs. Requires funds in excess of $300,000 to be deposited into the general fund. Requires fines collected by DOH for violations of the law relating to adult residential care homes to be deposited into the general fund. Requires hospitals to provide security of personal effects that are necessary for the patient's health and well-being. (SD2)



H.B. NO.



H.D. 1


S.D. 2




relating to health.




SECTION 1. Section 321-1.4, Hawaii Revised Statutes, is amended to read as follows:

"[[]321-1.4[]] Hospital and medical facilities special fund; deposits; expenditures. (a) There is established within the department of health, to be administered by the department of health, the hospital and medical facilities special fund into which shall be deposited all moneys collected under section 321-11.5(b).

(b) Moneys in the special fund shall be expended by the department to assist in offsetting educational program expenses of the department's hospital and medical facilities branch. Moneys in the fund shall be expended by the department for the purpose of enhancing the capacity of hospital and medical facilities programs to:

(1) Improve public outreach efforts and consultations to industries regulated; and

(2) Educate the public, staff, and industries regulated.

Not more than $        of the fund may be utilized during any fiscal year for education.

(c) Any amount in the fund in excess of $       on June 30 of each year shall be deposited into the general fund.

(d) The department of health shall submit a report to the legislature concerning the status of the hospital and medical facilities special fund, including the amount of moneys deposited into and expended from the fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session."

SECTION 2. Section 321-15.6, Hawaii Revised Statutes, is amended to read as follows:

"321-15.6 Adult residential care homes; licensing. (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules regarding adult residential care homes in accordance with chapter 91 which shall be designed to:

(1) Protect the health, safety, and civil rights of persons residing in facilities regulated;

(2) Provide for the licensing of adult residential care homes; provided that the rules shall allow group living in two categories of adult residential care homes as licensed by the department of health:

(A) Type I allowing group living by five or fewer unrelated persons; and

(B) Type II allowing six or more persons including but not limited to the mentally ill, elders, the handicapped, the developmentally disabled, or totally disabled persons who are not related to the home operator or facility staff.

For purposes of this section:

"Mentally ill person" means a mentally ill person as defined under section 334-1.

"Elder" means an elder as defined under sections 201G-1 and 201G-151.

"Handicapped person" means an individual with a physical handicap as defined under section 515-2.

"Developmentally disabled person" means a person with developmental disabilities as defined under section 333F-1.

"Totally disabled person" means a person totally disabled as defined under section 235-1;

(3) Comply with applicable federal laws and regulations of Title XVI of the Social Security Act, as amended; and

(4) Provide penalties for the failure to comply with any rule.

(c) The department may provide for the training of and consultations with operators and staff of any facility licensed under this section, in conjunction with any licensing thereof, and shall adopt rules to ensure that adult residential care home operators shall have the needed skills to provide proper care and supervision in a home environment as required under department rules.

(d) The department shall establish a standard admission policy and procedure which shall require the provision of information that includes the appropriate medical and personal history of the patient as well as the level of care needed by the patient prior to the patient's referral and admission to any adult residential care home facility. The department shall develop appropriate forms and patient summaries for this purpose.

(e) The department shall maintain an inventory of all facilities licensed under this section and shall maintain a current inventory of vacancies therein to facilitate the placement of individuals in such facilities.

(f) The department shall develop and adopt a social model of health care to ensure the health, safety, and welfare of individuals placed in adult residential care homes. The model of care shall be designed to protect the health, safety, civil rights, and rights of choice of the persons to reside in a nursing facility or in home-or community-based care.

(g) Any fines collected by the department for violations of this section shall be deposited into the general fund."


SECTION 3. Chapter 323, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"323- Patient's personal effects. (a) A hospital shall have a duty to provide for the security of any personal effects of a patient that are necessary for the patient's health and well-being and that were in the patient's possession upon admission.

Upon admission of the patient, the hospital shall make a written inventory of the patient's personal effects that shall be signed by the patient or the patient's representative or caregiver, and shall provide the patient with a copy of that inventory as well as a copy of the hospital's security policy and missing items claims procedure; provided that the hospital shall not be responsible for personal effects not inventoried prior to the performance of emergency procedures necessary to sustain the life of the patient.

At the time of discharge, the patient shall have an opportunity to file a claim for any personal effects on the inventory that are missing, or sign a release form acknowledging that all items on the inventory are accounted for.

(b) Unless a hospital can establish to the satisfaction of the patient, or the patient's representative or caregiver, that the personal effects were missing as a result of an act of the patient or any of the patient's visitors, the hospital shall be liable for the claim under subsection (a) unless the patient has signed a release. The hospital shall be liable to the patient for the replacement cost of the missing item, and shall pay the patient the value of the replacement cost within thirty days from the time of filing of the claim. This subsection shall not be construed to preclude a negotiated settlement of the claim.

(c) As used in this section, "personal effects" means personal property of the patient that is necessary for the patient's activities of daily living such as dentures, glasses, hearing aids, walking devices, and prostheses."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.