Adult Residential Care Homes
Creates Type IA adult residential care homes in which no more than 2 residents require nursing facility level care; allows more upon DOH discretion. Conditions issue of Type IA license on meeting training and staffing requirements and terminates license upon discharge or transfer of such residents.
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 certain residents in adult residential care homes who have physical and mental impairments may live many years at the same level of care with the same caregivers. The legislature believes that when the level of care that is needed for the resident changes, if the operator of the adult residential care home, the resident, and interested persons agree that the resident should remain in the same care home, the department of health should allow the resident to remain at the same care home to age in place. Current law allows such residents, whose level of care needs have escalated to nursing facility level, to remain and age in place in Type I expanded adult residential care homes. A Type I expanded adult residential care home cares for five or fewer residents and is allowed to care for no more than two residents who require nursing facility level care. However, the department has discretion to allow more such residents to be cared for in the home.
Nonetheless, not all adult residential care homes who have residents requiring higher levels of care are classified as Type I. Accordingly, the purpose of this Act is to allow residents who require nursing facility level care to continue living in adult residential care homes that are not Type I or Type II expanded adult residential care homes, in order to age in place.
SECTION 2. 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; [
(B) Type IA allowing group living by five or fewer unrelated persons of whom no more than two require nursing facility level care; provided that more nursing facility level residents may be allowed at the discretion of the department; and
(B)] (C) Type II allowing six or more persons including the mentally ill, elders, the handicapped, the developmentally disabled, or totally disabled persons who are not related to the home operator or facility staff[ .];
provided that a license for a Type IA home shall identify to the department the resident or residents requiring nursing facility level care and the conditions for additional training, staffing, or both, to meet the health and safety needs of the nursing facility level resident or residents who reside in the Type IA facility. The Type IA license shall terminate immediately upon discharge or transfer of the nursing facility level resident or residents in whose name the Type IA license was issued.
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 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.