Bill Text: HI HB1022 | 2014 | Regular Session | Introduced
Bill Title: Care Home Operators; Liability Insurance; Vehicle Insurance
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB1022 Detail]
Download: Hawaii-2014-HB1022-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1022 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to care homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§346- Care homes; liability insurance; coverage. (a) All operators of assisted living facilities as defined in section 346-331, community care foster family homes as defined in section 346-331, and expanded adult residential care homes as defined in section 346-331 shall obtain and maintain the following in coverage amounts deemed sufficient by the department:
(1) Liability insurance with respect to their operation of the homes or facilities; and
(2) Automobile liability insurance for vehicles used to transport residents of the homes or facilities.
(b) Proof of liability insurance for both the home or facility and for vehicles used to transport home or facility residents as required by subsection (a) shall be verified by the department, or its designee, on an annual basis.
(c) This section shall apply to operators of assisted living facilities, community care foster family homes, and expanded adult residential care homes that:
(1) Are operating under a contract with the department or the department of health;
(2) Are in compliance with the liability insurance coverage requirements of that contract; and
(3) Are in compliance with the verification requirements of subsection (b).
(d) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section."
SECTION 2. Section 321-11.7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-11.7 Care homes; liability
insurance; coverage.[]] (a) All operators of adult foster homes
under section 321-11.2 and adult residential care homes, assisted living
facilities, and expanded adult residential care homes as defined in section
321-15.1 shall obtain and maintain [liability] the following in
coverage amounts deemed sufficient by the department of health:
(1) Liability insurance with respect to
their operation of the homes or facilities [in a coverage amount deemed
sufficient by the department.]; and
(2) Automobile liability insurance for vehicles used to transport residents of the homes or facilities.
(b) Proof of liability insurance for both the home or facility and for vehicles used to transport home or facility residents as required by subsection (a) shall be verified by the department of health, or its designee, on an annual basis.
(c) This section shall [not]
apply to operators of adult foster homes, adult residential care homes,
assisted living facilities, and expanded adult residential care homes that:
(1) Are operating under a contract with the
department of human services or the department of health; [and]
(2) Are in compliance with the liability insurance
coverage requirements of that contract[.]; and
(3) Are in compliance with the verification requirements of subsection (b).
[(b)] (d) The department of
health shall adopt rules pursuant to chapter 91 to effectuate the purposes of
this section."
SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Care homes; liability insurance; coverage.
(a) All operators of adult foster homes under section 321-11.2 adult residential care homes, assisted living facilities, and expanded adult residential care homes as defined in section 321-15.1; and all community care foster family homes as defined by section 321-A, Act 93, Session Laws of Hawaii 2012, shall obtain and maintain the following in coverage amounts deemed sufficient by the department of health:
(1) Liability insurance with respect to their operation of the homes or facilities; and
(2) Automobile liability insurance for vehicles used to transport residents of the homes or facilities.
(b) Proof of liability insurance for both the home or facility and for vehicles used to transport home or facility residents as required by subsection (a) shall be verified by the department of health, or its designee, on an annual basis.
(c) This section shall apply to operators of adult foster homes, adult residential care homes, assisted living facilities, and expanded adult residential care homes that:
(1) Are operating under a contract with the department of human services or the department of health;
(2) Are in compliance with the liability insurance coverage requirements of that contract; and
(3) Are in compliance with the verification requirements of subsection (b).
(d) The department of health shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section."
SECTION 4. Act 221, Session Laws of Hawaii 2011, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect on
July 1, 2011; provided that on [June 30, 2013,] July 1, 2014,
this Act shall be repealed [and sections 346-331 and 346-334, Hawaii Revised
Statutes, shall be reenacted in the form in which they read on the day prior to
the effective date of this Act]."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its
approval; provided that section 3 shall take effect on July 1, 2014; and
provided further that section 1 and section 2 shall be repealed on July 1, 2014.
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INTRODUCED BY: |
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Report Title:
Care Home Operators; Liability Insurance; Vehicle Insurance for Care Home Operators
Description:
Requires all operators of adult foster homes, adult residential care homes, assisted living facilities, expanded adult residential care homes, and community care foster family homes to obtain and maintain sufficient liability insurance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
