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HB1540
HOUSE OF REPRESENTATIVES
H.B. NO.
1540
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to home health licensing
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The purpose of this Act is to authorize the
department of health to accept accreditation from an accreditation organization
or a certification organization recognized by the Centers for Medicare and
Medicaid Services as demonstration that a licensed home health agency is in compliance
with all licensing inspections required by the State.
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SECTION
2
.
�
Section 321-91,
Hawaii Revised Statutes, is amended to read as follows:
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"
�321-91
�
Program of home health
services.
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(a)
�
The department of health is authorized to
establish and administer a program to provide home health services, pursuant to
the provisions of Title XVIII of the Social Security Act.
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Home health services shall mean ancillary
paramedical services rendered in the patient's home, and shall include[
,
]
but not be limited to[
,
] professional nursing care, physiotherapy,
occupational therapy, speech and hearing therapy, medical social services, and
home health aide services.
�
The authority
of the department [
hereunder
]
under this subsection
shall be
liberally construed in order that the State may receive the maximum benefits of
[
said
] Title XVIII.
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(b)
�
A home health agency that is licensed by the
department of health and accredited or certified by an accreditation organization
or a certification organization recognized by the Centers for Medicare and
Medicaid Services may be used to demonstrate the home health agency's compliance
with all licensing inspections required by the State.
�
The home health agency may be exempt from a
licensing inspection on a continuing basis throughout the term of the
accreditation or certification under the following conditions:
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(1)
�
The home health
agency provides the department of health with a certified copy of the home
health agency's official accreditation or certification report;
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(2)
�
The home health
agency continuously holds full accreditation or certification and provides the
department of health with a certified copy of the home health agency's official
accreditation or certification report; and
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(3)
�
The home health
agency holds a current and valid state license.
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(c) The
department of health may conduct inspections and investigation of home health
agencies exempt from licensing inspections pursuant to subsection (b) regarding
complaints, adverse accreditation or certification findings, or periodic
validation surveys.
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(d)
�
Information contained in reports of survey and
official accreditation or certification letters made by an accreditation
organization or a certification organization recognized by the Centers for
Medicare and Medicaid Services that are used in determining compliance with
licensing requirements pursuant to this section shall be public information.
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(e) All
other records maintained by the department of health for the purposes of this
section shall be governed by chapter 92F.
"
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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 4.
�
This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Health; Home Health Agencies; Accreditation; Certification; Licensing Inspections;
Public Information
Description:
Authorizes
the Department of Health to accept accreditation
from an accreditation organization
or a certification organization recognized by the Centers for Medicare and
Medicaid Services as demonstration that a licensed home health agency is in
compliance with all licensing inspections required by the State
.
�
Specifies conditions under which a home health agency may be exempt from
a licensing inspection on a continuing basis.
�
Requires information obtained in reports of survey and accreditation or
certification letters to be public information.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.