HOUSE OF REPRESENTATIVES

H.C.R. NO.

164

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the auditor to conduct a study on the impact of ACT 226, session laws of hawaii 2007, ON NURSE AIDES WHO ARE EMPLOYED IN STATE-CERTIFIED OR STATE-LICENSED HEALTH CARE settings to provide a basis for the legislature to decide whether to AMEND act 226, session laws of hawaii 2007.

 

 


            WHEREAS, the Legislature recognizes that 42 United States Code sections 1395i-3 and 1396r require nurse aides working in nursing facilities participating in Medicare and Medicaid programs to meet education and evaluation standards to be certified; and

 

            WHEREAS, to safeguard consumer safety, the Legislature passed Act 226, Session Laws of Hawaii 2007, to provide the means for nurse aides who work in state-licensed or state‑certified health care settings to be certified; and

 

            WHEREAS, the purpose of enacting Act 226, Session Laws of Hawaii 2007, was "to hold nurse aides who work in state-licensed or state-certified health care settings to similar standards of competency and evaluation appropriate for those settings; and

 

            WHEREAS, under Act 226, Session Laws of Hawaii 2007, any nurse aide who is employed in a state-licensed or state‑certified health care setting and who is recertified by July 1, 2007, may be recertified on a biennial basis under chapter 457A, Hawaii Revised Statutes, if the nurse aide passes, by December 31, 2008, a proficiency evaluation approved by the Department of Human Services; and

 

            WHEREAS, section 4 of Act 226, Session Laws of Hawaii 2007, codified as sections 457A-1.5, 457A-6, 457A-7, and 457A‑8, Hawaii Revised Statutes, does not address the cost for services rendered to carry out the purposes of this section, including the cost for recertification and competency evaluation; and

 

            WHEREAS, 42 United States Code sections 1395i-3 and 1396r requires that no charge shall be imposed on Medicare or Medicaid certified nurse aides; and

 

            WHEREAS, in order for the Legislature to make a sound determination regarding whether or not to amend Act 226, Session Laws of Hawaii 2007, the Legislature requires data, along with independent study and analysis of that data, regarding the aspects of the impact of Act 226 on nurse aides who work in state-certified or state-licensed health care settings; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Auditor is requested to conduct a comprehensive study on the results and impact of Act 226, Session Laws of Hawaii 2007, to determine its impact on:

 

     (1)  Nurse aides who work in state-licensed or state‑certified health care settings; and

 

     (2)  Any other persons or areas that may be identified by the Auditor; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to study the possibility of other sources of funding these costs, including the costs of services rendered to carry out the purposes of Act 226, such as the costs for recertification and competency evaluation; and

 

     BE IT FURTHER RESOLVED that in conducting the study, the Auditor is requested to seek the views of the Department of Human Services, Department of Health, the Department of Commerce and Consumer Affairs, the Healthcare Association of Hawaii, the Hawaii Long Term Care Association, ARCA/Filipino Coalition, and other parties who may be knowledgeable about or impacted by Act 226, Session Laws of Hawaii 2007; and

 

     BE IT FURTHER RESOLVED that the Auditor submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2009; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, the Director of Human Services, the Director of Health, the Director of Commerce and Consumer Affairs, the Healthcare Association of Hawaii, the Hawaii Long Term Care Association, and ARCA/Filipino Coalition.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Requesting the Auditor to Study the Impact of Act 226, SLH 2007