Report Title:

Health care settings

Description:

Allows the DOH to license special treatment facilities and therapeutic living programs.

HOUSE OF REPRESENTATIVES

H.B. NO.

682

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO A CONTINUUM OF HEALTH CARE SETTINGS.

 

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

SECTION 1. This Act shall be known as the "Continuum of Health Care Settings Act of 2005". The legislature finds the need to ensure the availability of appropriate settings for persons recovering from substance abuse and wishes to establish a continuum of such settings within the community that would be consistent with current and existing laws. This Act clarifies current law relating to settings for persons requiring therapeutic or rehabilitative services and care including persons recovering from substance abuse.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Clean and sober homes. (a) For purposes of this section, clean and sober homes means houses that are shared by unrelated adult persons who are recovering from substance abuse, who share household expenses, and do not require twenty-four hour supervision, rehabilitation, or therapeutic services or care in or on the premises. These homes shall meet all applicable laws, codes, and rules of the counties and State.

(b) A clean and sober home shall be considered a residential use of property and shall be a permitted or conditional use in residential designated zones, but not limited to, zones for single-family dwelling."

SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§321- Special treatment facilities. (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules, in accordance with chapter 91, regarding special treatment facilities that shall be designed to:

(1) Provide a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons. Special treatment facilities shall include a short term crisis residential program or a long term residential treatment program.

(2) Comply with applicable federal laws and regulations; and

(3) Provide penalties for the failure to comply with any rule.

(c) For the purposes of this section:

"Socially or emotionally distressed persons" means an individual who is experiencing psychiatric symptomatology that may be acute or chronic in nature, which requires therapeutic or rehabilitative services.

"Short term crisis residential" means a residential treatment program for persons that are in crisis and whose duration of stay is less than thirty days.

"Long-term residential" means a residential treatment program for persons whose duration of stay exceeds thirty days.

§321- Therapeutic living programs. (a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules regarding therapeutic living programs in accordance with chapter 91 which shall be designed to:

(1) Comply with applicable federal laws and regulations; and

(2) Provide penalties for the failure to comply with any rule.

(c) For the purposes of this section, "therapeutic living program" means a supervised living arrangement that provides mental health, substance abuse services or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning from a more restrictive treatment setting to independent living. The program aids residents in meeting basic needs and provides supportive services through a required service plan."

SECTION 4. Act 44, Session Laws of Hawaii 2004, is amended by repealing section 22.

["SECTION 22. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

46- Drug rehabilitation homes; permitted use in residential areas. (a) For purposes of section 46-4, a drug rehabilitation home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including, but not limited to, zones for single-family dwellings. No conditional use, permit, variance, or special exception shall be required for a residence use as a drug rehabilitation home.

(b) No drug rehabilitation home under subsection (a) shall be permitted unless a public information meeting is first held in the affected community by the department of health.

(c) For purposes of this section, "drug rehabilitation home" means any facility that accommodates no more than ten unrelated persons and is operated by a community-based nonprofit agency licensed by the department of health, whose purpose is to facilitate the development of residential supportive living homes for persons in recovery from substance abuse. Drug rehabilitation homes include "clean and sober homes" that provide a structured environment of clean and sober living conditions to sustain recovery and "transitional living homes" that provide a supervised structured environment of clean and sober living conditions to sustain recovery.""]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST