HOUSE OF REPRESENTATIVES

H.B. NO.

1911

TWENTY-NINTH LEGISLATURE, 2018

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


PART I

SECTION 1. The purpose of this Act is to:

(1) Protect the health, safety, civil rights, and rights of choice for vulnerable adults;

(2) Establish appropriate measures to ensure a safe environment and consumer protection for vulnerable adults who are receiving home health care or home care in care facilities or residences;

(3) Grant the department of health proper investigative authority to enter care facilities, residences, or agencies providing home health care to vulnerable adults;

(4) Prohibit care facilities previously licensed by the department of health from operating without proper license; and

(5) Provide an appropriation to the department of health to increase the number of staff members to expedite the licensing process, establish a former complaint protocol, and inspect care facilities that are a potential health risk to the community.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"321-   Home care agencies; licensing. (a) All home care facilites home agencies to elderly or disabled persons through contract or agreement shall be licensed or certified, and under the purview of the department of health to ensure the health, safety, and welfare of the individuals placed therein. The home care agencies shall be subject to inspection at any time by the department. Inspections may be scheduled in advance or be unannounced.

(b) No person shall arrange for the provision of home care services by a registered home care aide to a client in this State before obtaining a license pursuant to this chapter. Such arrangement shall be deemed "unlicensed home care services."

(c) Upon determination that a person is in violation of this section, the department shall send a written notice of noncompliance to the person and assess a civil penalty of $900 for each violation. Each day of continued violation under this section shall constitute a distinct and separate offence for which the violator may be punished.

(d) Inspections authorized by subsection (a) shall not apply to residences that contract with agencies.

321-   Home care aid; registry. The department of health shall establish a home aid registry.

321-   Relicensing of previously licensed facility. No later than         , all previously licensed facilities by the department of health that have discontinued their licensed status within the last five years shall be granted a provisional, temporary six month license that shall be valid until the department conducts a full review to determine if the facility is still providing health care services that require licensing to two or more unrelated individuals.

321-   Complaints. In order to carry out the provisions of this chapter, the department may establish procedures for the receipt, investigation, and resolution of complaints against home care agencies.

321-   Right of entry. The department, upon the receipt of a complaint or when engaged in an investigation, shall be authorized to visit and communicate with any person operating the facility, home, or other type of living arrangement that is the subject of a report. Any person intentionally or knowingly obstructing or interfering with the department's right of entry, the department's investigation of a report of operating without a certificate or license, or the department's communication with a vulnerable person reported to be receiving care from an uncertified or unlicensed operator shall be guilty of a misdemeanor."

SECTION 3. Section 321-1.8, Hawaii Revised Statutes, is amended to read as follows:

"[[]321-1.8[]] Inspections; public notice. (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:

(1) Adult day health centers;

(2) Adult day care centers;

(3) Community-based care home;

[(3)] (4) Community care foster family homes;

[(4)] (5) Developmental disabilities domiciliary homes as defined in section 321‑15.9;

[(5)] (6) Developmentally disabled adult foster homes;

[(6)] (7) Long-term care facilities as defined in section 349‑21(f); and

[(7)] (8) Special treatment facilities as defined in section 334‑1.

(b) Each inspection report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information:

(1) The date of the inspection;

(2) A description of violations of relevant state laws or rules, if applicable;

(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;

(4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and

(5) Other information regarding the quality and conditions of the facility the department of health deems appropriate.

(c) Each inspection report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted.

(d) Beginning         , in addition to the inspection information required by subsection (a), the department of health may maintain a forum on its website where all state-licensed care facilities specified in subsection (a) may post vacancy information to facilitate the placement of individuals therein."

SECTION 4. Section 321-15.1, Hawaii Revised Statutes, is amended by adding six new definitions to be appropriately inserted and to read as follows:

""Community-based care home" means any residence, including but not limited to, house, townhouse, auxiliary dwelling unit, and other residential settings, where two or more unrelated vulnerable adults reside together and receive home health care by contracting with a third-party person who is not a family member.

"Health care" means that a vulnerable adult receives two or more of the following services: skilled nursing, physical therapy, occupational therapy, speech therapy, medical social services such as services offered by a social worker, or home health aids in personal care and such services are provided continuously or intermittently by an unrelated person under contract.

"Home care" means care provided to a vulnerable adult to assist in activities of daily living, personal care, or companion care by an unrelated person under contract. "Home care" does not include health care.

"Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services, but not home health care services, to clients in the clients' residencies.

"Home care aid" is an employee or a contracted worker of a home care agency, who provides home care.

"Vulnerable adult" has the same meaning as defined in section 346-222."

SECTION 5. Section 321-15.6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"321-15.6 Adult residential care homes; community-based care homes; adult day care centers; licensing. (a) [All adult residential care homes shall be licensed] Any care facilities or agencies that provide home health care to vulnerable adults shall be licensed or certified to ensure the health, safety, and welfare of the individuals placed therein. The department of health shall conduct unannounced visits, other than the inspection for relicensing, to every [licensed adult]:

(1) Adult residential care home [and expanded];

(2) Expanded adult residential care home;

(3) Community-based care home; and

(4) Adult day care center,

licensed or certified and under the purview of the department on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident. Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing shall be conducted with notice, unless otherwise determined by the department."

SECTION 6. Section 321-15.62, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"321-15.62 Expanded adult residential care homes; community-based care homes; adult day care centers; licensing. (a) All expanded adult residential care homes, community-based care homes, and adult day care centers that provide home health care to elderly or disabled persons who are unrelated to the caregiver family shall be licensed or certified and under the purview of the department of health to ensure the health, safety, and welfare of the individuals placed therein."

SECTION 7. Section 321-15.7, Hawaii Revised Statutes, is amended to read as follows:

"321-15.7 Penalty. Any person who intentionally operates an adult residential care home, community-based foster family home, adult foster home, adult day care center, home care agency, or hospice home without a license shall be guilty of a misdemeanor."

SECTION 8. Section 321-14.8, Hawaii Revised Statutes, is repealed.

["[321-14.8] Home care agencies; licensing. [Section repealed on June 30, 2014. L Sp 2009, c 21, 8.] (a) Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients.

(b) The department of health shall adopt rules in accordance with chapter 91 to:

(1) Protect the health, safety, and civil rights of clients of home care agencies; and

(2) Provide for the licensure of home care agencies.

(c) A service provider agency under contract for services with the city and county of Honolulu elderly affairs division shall be exempt from the licensing requirement of this section.

(d) For purposes of this section:

"Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services to clients in the client's residence. The term "home care agency" does not apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.

"Home care services" include but are not limited to:

(1) Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;

(2) Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and

(3) Respite care and assistance and support provided to the family."]

SECTION 9. Act 184, Session Laws of Hawaii 2016, is amended by repealing sections 3 and 4.

["SECTION 3. Section 321-15.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct [unannounced visits, other than the inspection for relicensing, to every licensed adult residential care home and expanded adult residential care home on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident. Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing shall be conducted with notice, unless otherwise determined by the department.] visits and inspections pursuant to section 321-  ."

SECTION 4. Section 321-15.62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-  .""]

PART II

SECTION 10. (a) No later than         , the department of health shall convene a working group to discuss and provide feedback on the implementation and maintenance of a forum on its website where state-licensed care facilities may post vacancy information to facilitate the placement and referrals of individuals within state-licensed care facilities, as specified in section 321-1.8(d), Hawaii Revised Statutes.

(b) The department of health shall submit a report to the legislature no later than twenty days before the convening of the regular session of 2019 of its findings and recommendations relative to the implementation and maintenance of a forum on its website, as specified in subsection (a). The report shall also include feedback on the posting of vacancy information on the website.

SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the implementation and maintenance of a forum on the department of health's website as permitted by this part.

The sum appropriated shall be expended by the department of health for the purposes of this part.

PART III

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 3000.



 

Report Title:

Care Facilities; Uncertified; Unlicensed; Enforcement; Community-Based Care Home; Adult Care Center; Criminal Penalty

 

Description:

Requires home care agencies to be licensed or certified. Authorizes the Department of Health to inspect home care agencies. Requires the Department of Health to establish a home care aid registry. Authorizes the Department of Health to establish procedures for the receipt, investigation, and resolution of complaints against home care agencies. Authorizes the Department of Health to enter a care facility when investigating a facility or home. Allows the Department of Health to establish a forum where state-licensed care facilities may post job vacancies. Imposes criminal penalty for the intentional operation of a community-based foster family home, adult foster family home, adult day care center, or home care agency without a license. Requires the Department of Health to establish a working group to discuss and provide feedback for the implementation of the job vacancy forum. (HB1911 HD2)

 

 

 

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