Bill Text: HI HB1491 | 2023 | Regular Session | Introduced
Bill Title: Relating To Inspections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-10 - The committee(s) on HLT recommend(s) that the measure be deferred. [HB1491 Detail]
Download: Hawaii-2023-HB1491-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1491 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INSPECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-1.9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-1.9[]] Inspections; visits; state-licensed or
state-certified care facilities. (a)
The department of health shall conduct unannounced visits and
inspections, including inspections for relicensing or recertification, for the
following state-licensed or state-certified care facilities on an annual basis
and at such intervals as determined by the department to ensure the health,
safety, and welfare of each resident:
(1) Adult day health centers;
(2) Adult day care centers;
(3) Community care foster family homes;
(4) Developmental disabilities domiciliary homes;
(5) Adult foster homes;
(6) Long-term care facilities, including but not limited to:
(A) Adult residential care homes;
(B) Expanded adult residential care homes;
(C) Assisted living facilities;
(D) Intermediate care facilities;
(E) Nursing facilities; and
(F) Skilled nursing facilities; and
(7) Special treatment facilities.
(b) 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 or recertification may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing or recertification shall be conducted without notice.
(c) Notwithstanding subsections (a) and (b) to
the contrary, the department of health shall limit unannounced inspections to
investigate complaints pertaining to client or patient abuse or life- or health-threatening
danger at adult residential care homes for five or less residents, community
care foster family homes, developmental disabilities domiciliary homes, and expanded
adult residential care homes. Complainants
shall be required to identify themselves, make their complaint in writing, and
have a credible basis upon which to make the complaint, such as an eyewitness
account, for the complaint to be actionable by the department of health or
department of human services or its designated inspection contractors. Inspections for relicensing of all adult
residential care homes, community care foster family homes, developmental
disabilities domiciliary homes, and expanded adult residential care homes shall
be scheduled at a date and time agreeable to the licensed home provider.
[(c)]
(d) The department shall adopt
rules pursuant to chapter 91 to effectuate the purposes of this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Care Facilities; Inspections; Complaints; DOH
Description:
Requires the department of health to limit unannounced inspections to investigate complaints pertaining to client or patient abuse or life- or health-threatening danger at certain care facilities. Establishes requirements for complaints. Requires relicensing inspections to be scheduled.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
