Honolulu, Hawaii

, 2002

RE: H.B. No. 1749

H.D. 2

S.D. 1



Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary, to which was referred H.B. No. 1749, H.D. 2, S.D. 1, entitled:


begs leave to report as follows:

The purpose of this measure is to require the Department of Health (DOH) to disclose the criminal history of a prospective resident applicant seeking entry into an adult residential care home (ARCH).

Testimony in support of this measure was received from Healthcare Association and four individuals. Testimony in opposition was received from the Department of Health and Hawaii Long-Term Care Association. The Attorney General provided comments.

This measure also requires that the social model of health care in ARCHs provide for aging in place, and requires the DOH to exercise discretion to allow a resident of a Type I or Type II home to remain in the home as an additional nursing facility level resident in the best interests of the resident as determined by the DOH after consultation with certain affected parties.

Your Committee finds that ARCHs serve a critical function within our state healthcare network by providing housing for individuals with physical or mental impairments who would otherwise have no stable home environment. ARCHs are appropriate settings to offer community-based long-term care to certain individuals, whose physical or mental impairments may be debilitating, but for whom a change in housing may be unnecessarily disruptive and adversely affect their physical or mental health.

Your Committee believes that the safety and well-being of the ARCH residents should be a factor in the decisions to place certain individuals within an ARCH setting.

Your Committee agrees with the concept of "aging in place", allowing older persons to find solace and comfort in familiar surroundings, as long as it serves their best interest.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1749, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,