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. 2 |
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STATE OF HAWAII |
S.D. 1 |
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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 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 [rules
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.
Report Title:
Care Facilities; Uncertified; Unlicensed; Enforcement; Community-based Care Home; Adult Care Center; Criminal Penalty
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 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.
