STAND. COM. REP. NO.475

Honolulu, Hawaii

, 2003

RE: S.B. No. 1676

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 1676 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to transfer the Department of Health's Office of Health Care Assurance (OHCA) to the State Health Planning and Development Agency (SHPDA), and to rename SHPDA the Hawaii Health Performance Agency.

Testimony supporting this measure was received from the Hawaii Healthcare Association, Hawaii Disability Rights Center, and Hawaii Government Employees Association. Opposing testimony was received from the Department of Health and the Hawaii Long Term Care Association.

Your Committee finds that OHCA provides a valuable service by ensuring the health, welfare, and safety of individuals residing in residential care facilities throughout the State. OHCA licenses special treatment facilities, inspects the facilities for compliance with administrative rules, and investigates complaints. However, the State Auditor reported instances where OHCA cited probable violations by facilities under the jurisdiction of the Adult Mental Health Division of the Department of Health. These allegations were ultimately contradicted by the division. With both responsibilities under the administrative umbrella of the Department of Health, your Committee believes that conflict-of-interest issues do arise. This measure establishes the necessary separation by transferring the duties of OHCA to SHPDA, an administratively attached but operationally independent agency, and, thus, ensuring that residential care facilities are properly and effectively monitored and regulated.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1676 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

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

____________________________

ROSALYN H. BAKER, Chair