Report Title:

Community Care Foster Family Homes; Certification

Description:

Provides for the licensing and regulation of Community Care Foster Family Homes by the Department of Health.

HOUSE OF REPRESENTATIVES

H.B. NO.

1345

TWENTY-SECOND LEGISLATURE, 2003

 

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. The legislature finds that Act 273, Session Laws of Hawaii, 2001, provided for the certification of community care foster family homes by home and community-based case management agencies licensed by the department of human services, and further provided for a repeal of its terms on June 30, 2003.

The legislature also finds that community care foster family homes provide a valuable, cost-effective nursing care option for Hawaii's elderly, and that there is a need to encourage, enhance, and support the continuation and development of community-based nursing care facilities in Hawaii. The legislature desires that currently certified community care foster family homes continue to provide services to Hawaii's elderly after June 30, 2003, and finds that the licensing and regulation of all nursing care facilities, such as community care foster family homes, should continue under the department of health.

The purpose of this Act is to provide for the licensing and regulation of community care foster family homes by the department of health.

SECTION 2. Section 321-15.1, Hawaii Revised Statutes, is amended by adding two definitions to be appropriately inserted and to read as follows:

""Foster care" means services provided by a foster care home.

"Foster care home" means a facility with two or fewer residents that is licensed as an adult residential care home or as an expanded adult residential care home."

SECTION 3. Section 321-15.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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] three 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[.]; and

(C) Foster care allowing group living by two or fewer unrelated persons.

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."

SECTION 4. Section 321-15.62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The director shall adopt rules regarding expanded adult residential care homes in accordance with chapter 91 which shall implement a social model of health care designed to:

(1) 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;

(2) Provide for the licensing of expanded adult residential care homes for persons who are certified by the department of human services, a physician, advanced practice registered nurse, or registered nurse case manager as requiring skilled nursing facility level or intermediate care facility level of care who have no financial relationship with the home care operator or facility staff; provided that the rules shall allow group living in [two] three categories of expanded adult residential care homes as licensed by the department of health:

(A) Type I home shall consist of five or less residents with no more than two nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; [and]

(B) Type II home shall consist of six or more residents, with no more than twenty per cent of the home's licensed capacity as nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; and

(C) Foster care home shall consist of two or less residents with no more than two nursing facility level residents;

provided further that the department shall exercise its discretion for a resident presently residing in a Type I or Type II home, to allow the resident to remain as an additional nursing facility level resident based upon the best interests of the resident. The best interests of the resident shall be determined by the department after consultation with the resident, the resident's family, primary physician, case manager, primary caregiver, and home operator;

(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."

SECTION 5. Any facility certified as a community care foster family home pursuant to the terms of Act 273, Session Laws of Hawaii, 2001, on June 30, 2003, shall be considered to have a provisional expanded adult residential care home license that shall be valid from July 1, 2003, until such time that all residents who were residing in that facility on June 30, 2003, are discharged or otherwise vacate the premises, provided that under no circumstances shall a community care foster family home admit a resident after June 30, 2003, unless it has been granted a non-provisional, expanded adult residential care home license by the department of health.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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