Report Title:
Adult Residential Care Homes
Description:
Creates a third licensing category for ARCHs taking in nursing facility level patients, to allow nursing home level residents to remain in their ARCH to age in place.
THE SENATE |
S.B. NO. |
1022 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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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 certain residents of expanded adult residential care homes (ARCHs) who are of a nursing facility level of care may live for many years at the same level of care with the same caregivers. The legislature believes that when the level of care of the resident changes, if the ARCH operator, the resident, and interested persons agree that the resident should remain at the ARCH, the department of health practices, rules, and laws should permit "aging in place" and allow the resident to remain at the ARCH, by providing the department with the discretion to allow such residents to continue to live in expanded ARCHs even though their level of care has exceeded ARCH placement criteria.
The purpose of this Act is to allow residents of ARCHs who require nursing facility level care to age in place in their ARCHs, and to clarify the licensing requirements of ARCHs taking in those patients.
SECTION 2. 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) Expanded resident home providing for a nursing facility level resident, as may be allowed in an adult residential care home at the discretion of the department; provided that a license for an expanded resident home shall specify the following:
(i) The name of the nursing facility level resident whose best interests call for that resident to reside in the facility;
(ii) The conditions for additional training or staffing, or both, for meeting the health and safety needs of the nursing facility level resident; and
(iii) The license shall terminate immediately upon discharge or transfer of the nursing facility level resident in whose name the license was obtained;
provided further that the department shall exercise its discretion for a resident presently residing in [a Type I or Type II home,] an adult residential care home or expanded adult residential care home to allow the resident to remain as [an additional] a 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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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