Bill Text: HI SB2056 | 2018 | Regular Session | Amended
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2056 Detail]
Download: Hawaii-2018-SB2056-Amended.html
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THE SENATE |
S.B. NO. |
2056 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that Hawaii families have busy schedules and face tough choices when shopping for and preparing healthy food, thus making dining out an appealing and sometimes necessary option.
A 2013 study of the most profitable fast food restaurant chains in the United States found that only three per cent of the assessed meal combinations met the expert nutrition standards for children's meals. Sugar-sweetened beverages alone make up to nine per cent of the calories children consume daily, and medical evidence suggests sugar-sweetened beverages are linked to obesity.
According to the United States Department of Health and Human Services and the Centers for Disease Control and Prevention, obesity-related health conditions include type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, and depression.
Obesity-related health conditions have serious economic costs. According to a 2013 report, the State spends an estimated $470,000,000 annually on obesity-related medical costs.
The purpose of this part is to promote healthy meal options for children and their families and build a healthier community by limiting sugar-sweetened beverages offered with children's meals by restaurants.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Default beverages offered with children's
meals
§321- Definitions. As used in this part, unless the context clearly requires otherwise:
"Children's meal" means a combination of food and a beverage, sold together at a single price, primarily intended for consumption by children.
"Default beverage" means a beverage automatically included or offered as part of a children's meal, absent a specific request for an alternate beverage by the purchaser of the children's meal.
"Restaurant" means a food establishment that serves food to customers for consumption on or off the premises, including fast-food and full-service dining establishments. "Restaurant" includes but is not limited to drive-through or walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments.
§321- Default beverages in children's meals. (a) A restaurant that sells a children's meal that includes a beverage shall make the default beverage offered with the children's meal one of the following:
(1) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners;
(2) Milk or non-dairy milk alternatives; or
(3) A serving of six ounces or less of one hundred per cent fruit juice or fruit juice combined with water or carbonated water, with no added sweeteners.
(b) Nothing in this section shall prohibit a restaurant's ability to sell, or a customer's ability to purchase, a substitute or alternative beverage instead of the default beverage offered with a children's meal, if requested by the purchaser of the children's meal.
(c) All restaurants shall complete an initial self-certification certifying whether they offer children's meals and, if so, certifying that they comply with this section. Restaurants that sell children's meals shall complete an annual self-certification, certifying that they comply with this section.
§321- Construction; conflict. (a) This part shall be liberally construed to accomplish the purposes of this part.
(b) The provisions of this part shall be valid and enforced, notwithstanding any contrary provision of any state law or county ordinance."
PART II
SECTION 3. The legislature has always recognized the need for home care agencies that provide home care services to vulnerable adults. These home care services allow:
(1) The growing elderly population to age in their homes by providing assistance with daily living activities and providing other in-home care; and
(2) Non-elderly individuals with illnesses, injuries, or disabilities to receive care in the privacy of their own homes.
Studies show that vulnerable adults who receive care in residential settings have greater quality of life while incurring significantly lower costs than vulnerable adults who receive care at hospitals or care facilities. Furthermore, the vulnerable adults who utilize home care agencies have greater control over the types and frequency of services they receive.
In recognizing the importance of the services home care agencies provide, the legislature passed Senate Bill No. 415, S.D. 2, H.D. 1, C.D. 1, which was enacted as Act 21, Special Session Laws of Hawaii 2009 (Act 21). Under Act 21, the department of health is required to implement a program, through its rulemaking authority, to license and oversee home care agencies. The licensure of home care agencies, as stated in Act 21, is necessary "to ensure [to] the public that minimum standards are being met" because "a home care worker is often the only other person in the home of a client, who may be mentally or physically disabled."
To require the legislature to review the progress of the department of health in implementing the licensing program and the program's efficacy, Act 21 was set to repeal on June 30, 2014. Recognizing that the department of health "collaborated with home care agencies, consumer advocates, and other stakeholders to draft the administrative rules needed to implement licensing," the legislature extended the repeal to June 30, 2019, in Act 125, Session Laws of 2014. However, the department of health has yet to and is unlikely to adopt these necessary rules to implement home care agency licensing by June 30, 2019.
As a result of the department of health's failure to comply with the mandates of Acts 21 and 125, home care agencies in Hawaii continue to operate without governmental oversight and are waiting indefinitely to legitimize their operations.
The legislature finds that it is in the interest of both consumers and providers of home care services to be licensed. The legislature further finds that there is an immediate need to license home care agencies.
The purpose of this part is to establish a home care agency licensing program.
SECTION 4. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Home
care agencies; licensing. (a) No person shall operate a home care agency
unless the home care agency is licensed pursuant to this section.
(b) The
department of health shall develop and implement the home care agency licensing
program that includes the following:
(1) Detailed
application procedure;
(2) Requirements and
qualifications for applying for licensure as a home care agency;
(3) Procedure for
inspection of the operations of home care agencies; and
(4) Applicable
fees.
(c) All home care agencies in the State shall apply for a license to provide care to consumers. The following information shall be included in the application:
(1) The name of the
business and its contact information, such as an email address or a telephone
number;
(2) The name and
street address of the registered agent;
(3) A description
of the home care services provided;
(4) A list of the
agency's personnel and their criminal history record checks pursuant to section
846-2.7, sex offender registry checks, child abuse record checks, and adult
abuse perpetrator checks that the agency completed prior to hiring them; and
(5) A written job
description and the qualifications and experience of each of the personnel
performing the activity.
(d) A service provider agency under contract for
services with the city and county of Honolulu elderly affairs division shall be
exempt from the licensing requirement of this section.
(g) For purposes of this section:
"Home care agency"
means a public or proprietary agency, a private, nonprofit organization, or a
subdivision of an agency or organization, engaged in providing home care
services in a residence.
"Home care services"
include but are not limited to:
(1) Personal care,
including assistance with dressing, feeding, and personal hygiene to facilitate
self-care;
(2) Homemaker
assistance, including housekeeping, shopping, and meal planning and
preparation; and
(3) Respite care
and assistance and support provided to the family.
"License" means an approval issued by the department to operate a home care agency."
SECTION 5. Section 321-14.8, Hawaii Revised Statutes, is repealed.
["[§321-14.8] Home care agencies; licensing. (a)
Beginning July 1, 2010, each home care agency shall be licensed by the
department of health to ensure the health, safety, and welfare of clients.
(b) The department of health shall adopt rules in
accordance with chapter 91 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.
(c) A service provider agency under contract for
services with the city and county of Honolulu elderly affairs division shall be
exempt from the licensing requirement of this section.
(d) For purposes of this section:
"Home care agency"
means a public or proprietary agency, a private, nonprofit organization, or a
subdivision of an agency or organization, engaged in providing home care
services to clients in the client's residence.
The term "home care agency" does not apply to an individual,
including an individual who is incorporated as a business, or is an unpaid or
stipended volunteer.
"Home care services"
include but are not limited to:
(1) Personal care,
including assistance with dressing, feeding, and personal hygiene to facilitate
self-care;
(2) Homemaker
assistance, including housekeeping, shopping, and meal planning and
preparation; and
(3) Respite care
and assistance and support provided to the family."]
SECTION 6. Act 21, Special Session Laws of Hawaii 2009, section 8, as amended by Act 125, Session Laws of Hawaii 2014, section 2, is amended to read as follows:
"SECTION 8. This Act shall take effect on July 1, 2009[,
and shall be repealed on June 30, 2019; provided that sections 321-11 and
321-11.5(b), Hawaii Revised Statutes, and the definition of "healthcare
facility" in section 321-15.2, Hawaii Revised Statutes, shall be reenacted
in the form in which they read on June 30, 2009]."
SECTION 7. (a) The department of health, without regard to the notice and public hearing requirements of chapter 91, Hawaii Revised Statutes, shall adopt interim rules to effectuate section 4 of this Act; provided that, until such interim rules are adopted, the director of health shall issue temporary licenses to a home care agency applicant simultaneously with the home care agency's filing of an application for a home care agency license and the temporary license shall be in force until the director either approves or disapproves the application in accordance with the interim rules.
(b) The director may inspect the operations of any applicant and may conduct periodic and unannounced inspections of home care agencies temporarily licensed pursuant to this section. The director may revoke and order an immediate discontinuance of a home care agency's temporary license upon a determination that the operation of the home care agency may imperil a client or that any of the personnel of the agency fails the criminal history record check. The home care agency whose temporary license is revoked may appeal the decision of the director as provided in section 321-14.8, Hawaii Revised Statutes.
(c) The interim rules adopted pursuant to this Act shall remain in effect until June 30, 2020, or until rules are adopted, in accordance with chapter 91, Hawaii Revised Statutes, to replace the interim rules.
SECTION 8. The director of health shall submit a report of the progress for developing the home care agency licensing program, number of temporary and approved licenses issued, and any other information the department deems relevant to the legislature no later than twenty days prior to the convening of the regular sessions of 2019, 2020, and 2021.
PART III
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Report Title:
Health; Default Beverages; Children's Meals; Home Care Agency Licensing Program
Description:
PART I: Clarifies restaurants that sell children's meals that include a beverage for a single price shall make the default beverage a healthy beverage. PART II: Establishes a home care agency licensing program in the Department of Health. Authorizes the Department of Health to adopt interim rules to effectuate the licensing program. Requires the Department of Health to issue temporary licenses for home care agencies until the Department approves or disapproves the application in accordance with their interim rules. Requires the Department of Health to report to the Legislature on the progress of the licensing program. (SB2056 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
