HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§321-A Investigations. Upon receiving a report that a person, corporation, or any other entity may be operating a care facility without a certificate or license as required by law and issued by the department of health, or that a home or any type of living arrangement may be operating as a care facility without a certificate or license as required by law and issued by the department, the department may conduct an investigation for the limited purposes of determining whether the person or entity is operating without a required certificate or license in accordance with the following provisions:
(1) The department may request access to the location indicated in the report; or
(2) The department may file a complaint with the district court in the circuit of the location indicated in the report and the district court, upon a finding of probable cause, may issue a search warrant directed to the department and the appropriate county police department, if necessary, to investigate the location pursuant to this section between the hours of sunrise and sunset.
§321-B Action upon investigation. Upon investigation, the department of health may take action on confirmed findings that the subject of a report is operating a care facility without the required certificate or license and shall have the authority to do any or all of the following:
(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;
(2) Exercise the department's right of entry under section 321-C;
(3) File a petition with the district court for enforcement, protective, or remedial action; or
(4) Pursue any protective or remedial actions authorized by law.
§321-C Right of entry. The department of health, when engaged in an investigation pursuant to section 321-A, may 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.
§321-D Penalty. Any person who intentionally operates a care facility without a certificate or license shall be guilty of a misdemeanor and shall be fined no more than:
(1) $ for each day of uncertified or unlicensed operation for the first violation;
(2) $ for each day of uncertified or unlicensed operation for the second violation; and
(3) $ for each day of uncertified or unlicensed operation for the third and each succeeding violation.
§321-E Referral or transfers to uncertified or unlicensed care facility; penalty. (a) It shall be unlawful for a certified or licensed healthcare provider or certified or licensed care facility to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department shall be authorized to enforce on any certified or licensed healthcare provider or certified or licensed care facility that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law, a fine of no more than:
(1) $ for the first violation;
(2) $ for the second violation; and
(3) $ for the third and each succeeding violation.
(b) Notwithstanding subsection (a) to the contrary, if a patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility, if the care facility becomes uncertified or unlicensed after a referral or transfer, or if the healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility without actual proof or knowledge that the care facility is uncertified or unlicensed, the healthcare provider or healthcare facility shall not be fined under this section."
SECTION 2. Section 321-14.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department of health shall adopt [
in accordance with chapter 91] interim rules, which shall be exempt from
chapters 91 and 201M, to effectuate the licensure of home care agencies;
provided that the interim rules shall remain in effect until the sooner of October
1, 2018, or the adoption of rules pursuant to chapters 91 and 201M 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."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Care Facilities; Uncertified; Unlicensed; Enforcement; Community-based Care Home; Adult Care Center; Criminal Penalty
Authorizes the Department of Health to investigate care facilities reported to be operating without an appropriate certificate or license issued by the Department. Establishes penalties for violations and for knowingly referring or transferring patients to uncertified or unlicensed care facilities, with certain exceptions. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.