Report Title:

Health

Description:

Transfers the department of health's office of health care assurance to the state health planning and development agency. Renames the state health planning and development agency to the Hawaii health performance agency.

THE SENATE

S.B. NO.

1676

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HEALTH.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In 2002, the auditor, in the auditor's report No. 02-06, recommended that "the Legislature consider transferring the functions of the Office of Health Care Assurance from the Department of Health to another state agency." The recommendation was made to remedy the current conflict-of-interest situation created by the department of health licensing itself and its own contracted providers. Moving the licensing and regulatory functions from the direct reporting lines of the department of health to an attached agency would implement the auditor's recommendation.

The purposes of this Act are to transfer the department of health's office of health care assurance to the state health planning and development agency, and to rename the state health planning and development agency the Hawaii health performance agency. This Act will create a one-stop and streamlined agency to serve Hawaii's health care industry with its licensing and health competency regulatory needs.

SECTION 2. Section 323D–2, Hawaii Revised Statutes, is amended by amending the definition of "state agency" to read as follows:

""State agency" means the [state health planning and development agency] Hawaii health performance agency established in section 323D-11."

SECTION 3. Section 323D-11, Hawaii Revised Statutes, is amended to read as follows:

"§323D-11 [State health planning and development agency.] Hawaii health performance agency. There is established within the department of health for administrative purposes only, the [state health planning and development agency.] Hawaii health performance agency. The state agency shall be headed by an administrator [who shall be appointed by the governor subject to section 26-34.] who shall be subject to chapter 76. The state agency shall administer the state health planning [and], cost containment, and licensing activities as required by law."

SECTION 4. Section 323D-12.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§323D-12.6[]] [State health planning and development special fund;] Hawaii health performance fund; created; deposits; expenditures; fees. (a) There is established within the state treasury, to be administered by the [state health planning and development agency,] Hawaii health performance agency, the [state health planning and development special fund] Hawaii health performance special fund into which shall be deposited all moneys collected under chapter 323D.

(b) Moneys in the special fund shall be expended by the [state health planning and development agency] Hawaii health performance agency to assist in offsetting program expenses of the agency.

(c) The agency shall adopt rules in accordance with chapter 91 to establish reasonable fees for the purposes of this chapter."

SECTION 5. Section 323D–71, Hawaii Revised Statutes, is amended by amending the definition of "agency" to read as follows:

""Agency" means the [state health planning and development agency.] Hawaii health performance agency."

SECTION 6. Section 321-225, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The advisory committee shall be composed of twenty members: three nonvoting ex-officio members, who shall be the director of transportation, the adjutant general, and the administrator of the [state health planning and development agency,] Hawaii health performance agency, or the designated representatives thereof, and seventeen members representing all counties of the State who shall be appointed by the governor subject to section 26-34 as follows:

(1) Five members who shall be physicians experienced in the conduct and delivery of emergency medical services; provided that at least two shall be engaged in the practice of emergency medicine and be board-eligible or board-certified by the American Board of Emergency Medicine, and provided further that at least one physician shall be engaged in the practice of pediatrics and be board-eligible or board-certified by the American Board of Pediatrics;

(2) Four members who shall be consumers of health care and who shall have no connection with or relationship to the health care system of the State and who shall be representative of all counties;

(3) Four members of allied health professions related to emergency medical services; and

(4) Four members, one from each county, who shall be mobile intensive care technicians or emergency medical technicians engaged in the practice of pre-hospital emergency medical service.

The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties, including travel expenses. The chairperson of the advisory committee shall be elected by the members from among their numbers. A majority of the members of the advisory committee shall constitute a quorum for the conduct of business of the advisory committee. A majority vote of the members present at a meeting at which a quorum is established shall be necessary to validate any action of the committee."

SECTION 7. All rights, powers, functions, and duties of the office of health care assurance are transferred to the Hawaii health performance agency.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall maintain the same position status, whether civil service or exempt. All transferred officers and employees shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act without suffering any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.

SECTION 8. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, or held by the department of health relating to the functions transferred to the Hawaii health performance agency shall be transferred with the functions to which they relate.

SECTION 9. All rights, powers, functions, and duties of the state health planning and development agency are retained by the Hawaii health performance agency.

All officers and employees who are affected by this Act, other than those whose functions are transferred by this Act, shall be retained with their functions and shall maintain the same position status, whether civil service or exempt. The incumbent administrator is granted permanent civil service status without loss of salary, seniority, prior service credit, accrued vacation, sick leave or other employee benefits, and without the necessity of examination; and provided that the administrator possesses the minimum qualifications for the position. All officers and employees shall continue to perform their regular duties, subject to the state personnel laws and this Act without suffering any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.

SECTION 10. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, or held by the state health planning and development agency are retained by the Hawaii health performance agency.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on June 1, 2003.

INTRODUCED BY:

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