Bill Text: HI HB1911 | 2012 | Regular Session | Introduced
Bill Title: Health Care Services; Consolidation; Office of Health Care Assurance
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-19 - (H) Referred to HUS/HLT, LMG, FIN, referral sheet 2 [HB1911 Detail]
Download: Hawaii-2012-HB1911-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1911 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the growth rate of the elderly population in the State, those persons sixty-five years and older, is expected to accelerate. The United States Bureau of the Census reports that the proportion of Hawaii's population classified as elderly is expected to increase from 12.6 per cent in 1995 to 15.9 per cent in 2025. The increasing proportion of the elderly population requires that the State take action to anticipate and prepare for the future health care needs of Hawaii's population.
The United States Congress has already recognized the need for health care reform and enacted the Affordable Care Act in 2010. The Affordable Care Act was created to improve health care in America by establishing a competitive health insurance market, ending discrimination against pre-existing health conditions, expanding medicaid coverage, enhancing the quality of health care, and reducing health care fraud and waste. One organizational change that could improve government efficiency and health care in Hawaii is the consolidation of certain health care services that are currently managed by the department of health and the department of human services.
The legislature finds that the department of health has already established an office of health care assurance that manages state licensing and federal certification of medical and health care facilities, agencies, and services provided throughout the State to ensure compliance with established standards of care. The legislature further finds that, given the office's existing functions, the current health care services provided by the department of human services and the department of health should be consolidated under the jurisdiction of the office of health care assurance to improve the efficiency, capacity, and quality of state health care services.
The purpose of this Act is to consolidate the authority, duties, responsibilities, and jurisdiction of the department of human services and the department of health, as they relate to various health care services, to the office of health care assurance in the department of health on July 1, 2013.
SECTION 2. Beginning July 1, 2013, all rights, powers, functions, and duties of the following shall be transferred to the office of health care assurance in the department of health:
(1) The department of human services relating to:
(A) Home and community-based case management;
(B) Community care foster family homes; and
(C) Adult day care; and
(2) The department of health relating to:
(A) Adult residential care homes;
(B) Expanded adult residential care homes;
(C) Developmentally disabled domiciliary homes;
(D) Hospitals;
(E) Nursing homes;
(F) Dialysis;
(G) Home health;
(H) Home care;
(I) Federally qualified health centers;
(J) Adult day health;
(K) Mental health license crisis centers;
(L) Hospice;
(M) Free standing ambulatory surgery centers; and
(N) Family caregivers.
SECTION 3. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and the officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of human services relating to the functions transferred to the office of health care assurance in the department of health shall be transferred with the functions to which they relate.
SECTION 5. All unencumbered moneys deposited in any revolving or special fund controlled by the department of human services relating to the functions transferred to the office of health care assurance in the department of health shall lapse to the credit of the general fund.
SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of human services to implement provisions of the Hawaii Revised Statutes and which are reenacted or made applicable to the office of health care assurance in the department of health by this Act shall remain in full force and effect until amended or repealed by the director of health pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of human services or the director of human services in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of health, office of health care assurance, or the director of health, as appropriate.
SECTION 7. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of human services pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the office of health care assurance in the department of health by this Act, shall remain in full force and effect. From July 1, 2013, every reference to the department of human services or the director of human services therein shall be construed as a reference to the department of health, office of health care assurance, or the director of health, as appropriate.
SECTION 8. The legislative reference bureau shall prepare proposed legislation that substitutes references made to the "department of human services" or the "director of human services" with the "office of health care assurance", "department of health", or "director of health", as appropriate. The legislative reference bureau shall also prepare proposed legislation that substitutes references to any specific section or part of chapters 321, 334, and 346, Hawaii Revised Statutes, with the correct corresponding references or referring language, as appropriate.
The legislative reference bureau shall submit the proposed legislation to the legislature no later than twenty days prior to the convening of the 2013 regular session.
SECTION 9. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.
SECTION 10. The department of health and the department of human services shall collaborate to implement the transfers and transitions required under this Act with as little disruption to ongoing duties, responsibilities, and public services provided.
SECTION 11. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Health Care Services; Consolidation; Office of Health Care Assurance
Description:
Consolidates the authority, duties, responsibilities, and jurisdiction of the department of human services and the department of health, as they relate to various health care services, to the office of health care assurance in the department of health on 7/1/13.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
