Bill Text: HI HB1911 | 2018 | Regular Session | Amended
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2018-07-10 - Act 148, on 07/06/2018 (Gov. Msg. No. 1249). [HB1911 Detail]
Download: Hawaii-2018-HB1911-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1911 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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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, 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 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, when engaged in an
investigation pursuant to section 321-A 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.
§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 not 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.
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 not more than:
(1) $
for the first violation;
(2) $
for the second violation; and
(3) $
for the third and each succeeding violation.
In
addition to fines imposed under this subsection, the department may initiate
administrative proceedings to suspend or revoke the referring or transferring
care provider or facility's certificate or license upon a third or any
succeeding violation."
SECTION 2. 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
3. New statutory material is
underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Care Facilities; Uncertified; Unlicensed; Enforcement
Description:
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 patient referral or transfer to uncertified or unlicensed care facilities. (HB1911 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
