Bill Text: HI SR12 | 2011 | Regular Session | Introduced
Bill Title: State Health Planning and Development Agency
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2011-03-14 - (S) The committee(s) on HTH deleted the measure from the public hearing scheduled on 03-16-11 3:00PM in conference room 229. [SR12 Detail]
Download: Hawaii-2011-SR12-Introduced.html
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THE SENATE |
S.R. NO. |
12 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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SENATE RESOLUTION
Establishing a SENATE SPecial legislative committee to investigatE the administrator of the state health planning and development agency's compliance with state laws in the management of the agency and hawaii's certificate of need program.
WHEREAS, the Constitution of the State of Hawaii requires all public officers to take an oath of office to swear or affirm that they will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and faithfully discharge their duties to the best of their ability; and
WHEREAS, chapter 323D, Hawaii Revised Statutes, states that the State Health Planning and Development Agency (SHPDA) shall be headed by an Administrator to be appointed by the Governor pursuant to section 26-34, Hawaii Revised Statutes; and
WHEREAS, under chapter 323D, Hawaii Revised Statutes, SHPDA is responsible for promoting accessibility for all the people of the State to quality health care services at reasonable cost and for conducting studies and investigations as to the causes of health care costs; and
WHEREAS, the SHPDA Administrator is responsible for the health planning activities of the State and the Certificate of Need Program, which regulates certain aspects of health care facilities and health care services; and
WHEREAS, in performing the Administrator's job duties, the SHPDA Administrator is required to follow all laws and rules related to SHPDA's functions; and
WHEREAS, chapter 92, Hawaii Revised Statutes, Hawaii's Sunshine Law, expressly declares that it is the policy of the State that the formation and conduct of public policy, including the discussions, deliberations, decisions, and actions of government agencies, shall be conducted as openly as possible; and
WHEREAS, Hawaii's Sunshine Law declares the Legislature's intent that provisions requiring open meetings be liberally construed and the provisions providing exceptions to open meeting requirements be strictly construed against closed meetings requiring that, minus certain exceptions, all discussions, deliberations, decisions, and actions of a board or commission relating to official business must be conducted as part of a public meeting; and
WHEREAS, the State Office of Information Practices has opined that the SHPDA Administrator has violated the Sunshine Law on numerous occasions; and
WHEREAS, after being informed of such violations, the SHPDA Administrator failed to take any action to remedy the violations; and
WHEREAS, the SHPDA Administrator chaired a recent public hearing during which the Administrator was ineffective in preventing an attorney from repeatedly and vocally objecting to a State Representative's public testimony being presented to the Committee; and
WHEREAS, SHPDA has not published the State's Annual Health Care Utilization Report since 2007, the same year the SHPDA Administrator took office, and this Report's data is crucial to health care planners and professionals statewide in planning for the provision of health services; and
WHEREAS, the SHPDA Administrator has allowed several of the State's neighbor island Subarea Health Planning Councils (SACs) to lose membership to less than a handful of members; and
WHEREAS, the SACs, by statute, are required to review, seek public input, and make recommendations relating to health planning for the geographical subareas they serve; and
WHEREAS, under the SHPDA Administrator's direction, many of the SACs have not met in almost a year, which has resulted in an inability for SHPDA to fulfill its duties related to neighbor island health care planning functions; and
WHEREAS, the SHPDA Administrator violated statutory law by allowing a health care provider to serve as chairperson of a SAC; and
WHEREAS, Hawaii's health care is a public utility that is too precious for it to be developed and regulated in a manner that is inconsistent with the Hawaii Revised Statutes and the Hawaii Administrative Rules; and
WHEREAS, section 21-3, Hawaii Revised Statutes, authorizes the establishment of a legislative investigating committee by resolution, and Rule 13 of the 2011-2012 Rules of the Senate allows for the establishment of special committees; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that a Senate Special Committee on Accountability is established pursuant to chapter 21, Hawaii Revised Statutes, to investigate the Administrator of the State Health Planning and Development Agency for any inconsistent adherence to the Hawaii State Constitution's oath of office, the Hawaii Revised Statutes, and the Hawaii Administrative Rules; and
BE IT FURTHER RESOLVED that the President of the Senate is requested to appoint the Senate's Special Committee on Accountability, pursuant to Rule 20 of the 2011-2012 Rules of the Senate, to investigate the above-mentioned issues; and
BE IT FURTHER RESOLVED that the subject matter and scope of the Special Committee on Accountability shall be to investigate the SHPDA Administrator on matters consistent with this Resolution by holding public meetings and hearings, receiving all relevant information, and submitting a final report to the Legislature; and
BE IT FURTHER RESOLVED that the Special Committee on Accountability to investigate the SHPDA Administrator shall have every power and function allowed to an investigating committee pursuant to chapter 21, Hawaii Revised Statutes, including without limitation the power to:
(1) Adopt rules for the conduct of its proceedings;
(2) Issue subpoenas requiring the attendance and testimony of witnesses and subpoenas duces tecum requiring the production of books, documents, records, papers, or other evidence in any matter pending before the committee;
(3) Hold hearings appropriate for the performance of its duties, at such times and places as the committee determines;
(4) Administer oaths and affirmations to witnesses at hearings of the committee;
(5) Report or certify instances of contempt as provided in section 21-14, Hawaii Revised Statutes;
(6) Determine the means by which a record shall be made of its proceedings in which testimony or other evidence is demanded or adduced;
(7) Provide for the submission, by a witness's own counsel and counsel for another individual or entity about whom the witness has devoted substantial or important portions of the witness's testimony, of written questions to be asked of the witness by the chair; and
(8) Exercise all other powers specified under chapter 21, Hawaii Revised Statutes, with respect to investigative committees; and
BE IT FURTHER RESOLVED that the Senate President may, from time to time, refer to the Special Committee on Accountability specific matters that fall within the scope of the committee's jurisdiction, and the committee shall work in cooperation with the Senate President for the purposes stated in this Resolution; and
BE IT FURTHER RESOLVED that the Special Committee on Accountability shall submit its written findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, President of the Senate, Director of Health, Attorney General, State Ethics Commissioner, and the Auditor.
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OFFERED BY: |
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State Health Planning and Development Agency
