STAND. COM. REP. NO. 1745

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 170

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Health, to which was referred S.C.R. No. 170 entitled:

 

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH TO DEVELOP AND ADOPT POLICIES THAT ENSURE NOTIFICATION BY ALL HEALTH CARE FACILITIES AND HEALTH CARE PROVIDERS TO THE GOVERNOR-DESIGNATED PROTECTION AND ADVOCACY ENTITY OR AGENCY PRIOR TO TRANSFERRING ANY INDIVIDUAL OUT-OF-STATE TO A TREATMENT, REHABILITATION, OR LONG-TERM CARE FACILITY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect individuals from being unnecessarily transferred to out-of-state health care facilities by requesting the Department of Health to develop and adopt policies that ensure notification by all health care facilities and health care providers to the governor-designated protection and advocacy entity or agency prior to transferring any individual out-of-state to a treatment, rehabilitation, or long‑term care facility.

 

     Your Committee amended this measure by deleting its title, purpose, and substance, and inserting language to ensure that the residents of Kauai have access to quality health care services by requesting the State Health Planning and Development Agency to immediately investigate and determine whether Hawaii Pacific Health/Wilcox Memorial Hospital/Kauai Medical Clinic has violated the 2001 Certificate of Need agreement and as necessary, impose fines or withdraw the Certificate of Need approval.

 

     Your Committee circulated a proposed S.C.R. No. 170, S.D. 1, that contained these amendments and conducted a hearing on it.  Your Committee received testimony in support of the proposed measure from six individuals.  The Department of Health and the State Health Planning and Development Agency submitted comments on this measure.

 

     Your Committee finds that the Hawaii Pacific Health merger with Wilcox Memorial Hospital and its Kauai Medical Clinic needs to be reviewed and investigated for possible violations of their Certificate of Need agreement.  Although the Department of Health submitted testimony stating that they are in the process of reviewing the implementation of the merger, it is the intent of your Committee to articulate the importance of finding a prompt resolution to this matter.

 

     Upon further consideration, your Committee amended the proposed S.D. 1 by:

 

     (1)  Clarifying that the State Health Planning and Development Agency should investigate and mediate other remedies available, as well as the imposition of fines or the withdrawal of the Certificate of Need approval;

 

     (2)  Including in the investigation of the Certificate of Need agreement, interviews with physicians to investigate alternative solutions to complete revocation; and

 

     (3)  Including in the investigation of the Certificate of Need agreement a minimum of one public hearing on Kauai.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 170, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 170, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

____________________________

DAVID Y. IGE, Chair