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HB185
HOUSE OF REPRESENTATIVES
H.B. NO.
185
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to care homes
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section
321-15.6, Hawaii Revised Statutes, is amended to read as follows:
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"
�321-15.6
�
Adult residential care
homes; licensing.
�
(a)
�
All adult residential care homes shall be licensed
to ensure the health, safety, and welfare of the individuals placed therein.
�
The department shall conduct visits and inspections
pursuant to section 321-1.9.
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(b)
�
The director shall adopt rules regarding adult residential care homes in
accordance with chapter 91 that shall be designed to:
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(1)
�
Protect the health,
safety, and civil rights of persons residing in facilities regulated;
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(2)
�
Provide for the licensing
of adult residential care homes; provided that the rules shall allow group living
in two categories of adult residential care homes as licensed by the department
of health:
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(A)
�
Type I allowing five
or fewer residents; provided that up to six residents may be allowed at the discretion
of the department to live in a type I home; provided further that the primary caregiver
or home operator is a certified nurse aide who has completed a state-approved training
program and other training as required by the department; and
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(B)
�
Type II allowing six
or more residents, including but not limited to the mentally ill, elders, persons
with disabilities, the developmentally disabled, or totally disabled persons who
are not related to the home operator or facility staff;
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(3)
�
Comply with applicable
federal laws and regulations of Title XVI of the Social Security Act, as amended;
and
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(4)
�
Provide penalties for
the failure to comply with any rule.
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For the purposes of this subsection:
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"Developmentally disabled"
means a person with developmental disabilities as defined under section 333F-1.
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"Elder" has the same meaning
as defined under section 356D-1.
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"Mentally ill" means a mentally
ill person as defined under section 334-1.
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"Persons with disabilities"
means persons having a disability under section 515-2.
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"Totally disabled person" has
the same meaning as a person totally disabled as defined under section 235-1.
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(c)
�
The department may provide for the training of and consultations with operators
and staff of any facility licensed under this section, in conjunction with any licensing
thereof, and shall adopt rules to ensure that adult residential care home operators
shall have the needed skills to provide proper care and supervision in a home environment
as required under department rules.
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(d)
�
The department shall establish a standard admission policy and procedure
which shall require the provision of information that includes the appropriate medical
and personal history of the patient as well as the level of care needed by the patient
prior to the patient's referral and admission to any adult residential care home
facility.
�
The department shall develop appropriate
forms and patient summaries for this purpose.
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(e)
�
The department shall maintain an inventory of all facilities licensed under
this section and shall maintain a current inventory of vacancies therein to facilitate
the placement of individuals in such facilities.
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(f)
�
The department shall develop and adopt a social model of health care to ensure
the health, safety, and welfare of individuals placed in adult residential care
homes.
�
The social model of care shall provide
for aging in place and be designed to protect the health, safety, civil rights,
and rights of choice of the persons to reside in a nursing facility or in home-
or community-based care.
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(g)
�
The department shall not license any adult
residential care home that is financed, managed, supervised, directed, or owned
in whole or in part by an individual convicted of an offense under chapter 712,
part III.
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[
(g)
]
(h)
�
Any fines collected by the department of health
for violations of this section shall be deposited into the office of health care
assurance special fund."
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SECTION
2
.
�
Section
321-15.62, Hawaii Revised Statutes, is amended to read as follows:
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"
�321-15.62
�
Expanded adult residential care homes;
licensing.
�
(a)
�
All expanded adult residential care homes
shall be licensed to ensure the health, safety, and welfare of the individuals
placed therein.
�
The department shall
conduct visits and inspections pursuant to section 321-1.9.
����
(b)
�
The director of health shall adopt rules regarding expanded adult
residential care homes in accordance with chapter 91 that shall implement a
social model of health care designed to:
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(1)
�
Protect the
health, safety, civil rights, and rights of choice of residents in a nursing
facility or in home- or community-based care;
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(2)
�
Provide for the
licensing of expanded adult residential care homes for persons who are
certified by the department of human services, a physician, advanced practice
registered nurse, or registered nurse case manager as requiring skilled nursing
facility level or intermediate care facility level of care who have no
financial relationship with the home care operator or facility staff; provided
that the rules shall allow group living in the following two categories of
expanded adult residential care homes as licensed by the department of health:
���������
(A)
�
A type I home
shall consist of five or fewer residents with no more than two nursing facility
level residents; provided that more nursing facility level residents may be
allowed at the discretion of the department; and provided further that up to
six residents may be allowed at the discretion of the department to live in a
type I home; provided that the primary caregiver or home operator is a
certified nurse aide who has completed a state-approved training program and
other training as required by the department; and
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(B)
�
A type II home
shall consist of six
or more
residents, with no more than twenty per cent of the home's licensed capacity as
nursing facility level residents; provided that more nursing facility level
residents may be allowed at the discretion of the department;
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provided further that the
department shall exercise its discretion for a resident presently residing in a
type I or type II home, to allow the resident to remain as an additional
nursing facility level resident based upon the best interests of the resident.
�
The best interests of the resident shall be
determined by the department after consultation with the resident, the
resident's family, primary physician, case manager, primary caregiver, and home
operator;
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(3)
�
Comply with
applicable federal laws and regulations of title XVI of the Social Security
Act, as amended; and
����
(4)
�
Provide penalties
for the failure to comply with any rule.
����
(c)
�
The department may provide for the training of and consultations with
operators and staff of any facility licensed under this section, in conjunction
with any licensing thereof, and shall adopt rules to ensure that expanded adult
residential care home operators shall have the needed skills to provide proper
care and supervision in a home environment as required under department rules.
����
(d)
�
The department shall establish a standard admission policy and procedure
which shall require the provision of information that includes the appropriate
medical and personal history of the patient as well as the level of care needed
by the patient prior to the patient's referral and admission to any expanded
adult residential care home facility.
�
The department shall develop appropriate forms and patient summaries for
this purpose.
����
(e)
�
The department shall maintain an inventory of all facilities licensed
under this section and shall maintain a current inventory of vacancies therein
to facilitate the placement of individuals in such facilities.
����
(f)
�
The department shall not license any expanded
adult residential care home that is financed, managed, supervised, directed, or
owned in whole or in part by an individual convicted of an offense under
chapter 712, part III.
"
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SECTION
3
.
�
Section 321-15.9, Hawaii Revised Statutes, is
amended to read as follows:
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"
�321-15.9
�
Developmental disabilities residential services.
�
(a)
�
The department of health is authorized to license developmental
disabilities domiciliary homes for individuals with developmental or
intellectual disabilities who are unable to live independently and who require
supervision or care, but do not require care by licensed nurses in a
domiciliary setting; provided that nothing in this section shall exclude the
department of human services from licensing, certifying, regulating, or
entering into contracts for child foster homes or providers that serve persons
with
�
developmental or intellectual
disabilities.
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(b)
�
For the purposes of this section:
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"Developmental
disabilities" shall be as defined under section 333E-2.
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"Developmental
disabilities apartment complex" means an apartment building composed of
five or more separate apartment units in which every apartment unit, except for
one apartment unit occupied by the operator or staff for the complex, is dedicated
to providing residences for individuals with developmental or intellectual
disabilities who do not require twenty-four hour supervision or care.
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"Developmental
disabilities domiciliary home" means a residence for not more than five
persons with developmental or intellectual disabilities that require
twenty-four hour supervision or care, but do not require care by licensed
nurses in a domiciliary setting.
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"Intellectual
disability" shall be as defined under section 333F-1.
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(c)
�
The director shall adopt rules regarding
developmental disabilities domiciliary homes in accordance with chapter 91 that
shall be designed to:
����
(1)
�
Establish criteria for licensure of homes,
including inspections, registration, fees, qualifications of operators and
staff, and other factors necessary to ensure safe and appropriate operation of
each home;
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(2)
�
Protect the health, safety, and civil rights
of persons residing in the homes;
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(3)
�
Provide for plans of care that include
community integration and support of persons residing in the licensed homes;
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(4)
�
Provide for the licensure of homes of up to
five persons with developmental or intellectual disabilities, and who are not
related to the home operator or facility staff;
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(5)
�
Establish penalties for the failure to comply
with any rule; and
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(6)
�
Establish criteria for training of operators
and staff of any developmental disabilities domiciliary home licensed under
this section.
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(d)
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Rules adopted under this section shall be
enforced by the director.
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(e)
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No single apartment in a developmental
disabilities apartment complex funded under this section shall be occupied by
more than two residents with developmental or intellectual disabilities.
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(f)
�
The director shall establish criteria for
contracts for developmental disabilities apartment complexes and where
necessary to provide for additional funding for developmental disabilities
domiciliary homes.
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(g)
�
The department shall maintain a registry of
all developmental disabilities domiciliary homes licensed under this section
and a current inventory of vacancies.
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(h)
�
The department of health may enter into
contracts for additional payments for residential services to the providers of
developmental disabilities domiciliary homes and payments to operators of
developmental disabilities apartment complexes for residential services on
terms determined by the department of health.
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(i)
�
The department shall not license any
developmental disabilities domiciliary home that is financed, managed,
supervised, directed, or owned in whole or in part by an individual convicted
of an offense under chapter 712, part III.
"
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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Adult
Residential Care Homes; Expanded Adult Residential Care Homes; Developmental
Disabilities Domiciliary Homes; Licensing; Prohibitions
Description:
Prohibits
the licensing of an adult residential care home, expanded adult residential
care home, or developmental disabilities domiciliary home that is financed,
managed, operated, supervised, directed, or owned in whole or in part by a
person convicted of a gambling offense.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.