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SB2364
THE SENATE
S.B. NO.
2364
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to HOME CARE AGENCIES
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that home care agencies
offer essential services to support the health, safety, and wellbeing of the
State's elderly residents and residents with disabilities.
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The in-home services provided by home care
agencies help some elderly residents and residents with disabilities avoid
institutionalization and residential care.
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However, the legislature recognizes that regulatory gaps have allowed
some home care agencies to provide services to clients in residences that the
home care agency or its investors own. These home care agencies are essentially
functioning as residential care facilities or assisted living facilities
without obtaining the appropriate license.
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Residential care homes and assisted living facilities are subject to
stricter health, safety, and staffing requirements than home care agencies.
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Operating without the correct license may put
vulnerable clients at risk.
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Accordingly,
the purpose of this Act is to
prohibit a home care
agency or person with a financial interest in the home care agency from
providing home care services to a client if the home care agency or person owns
or leases the client's residence.
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SECTION
2
.
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Section
321-14.8, Hawaii Revised Statutes, is amended to read as follows:
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"
�321-14.8
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Home care agencies; licensing.
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(a)
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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.
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(b)
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The department of health shall adopt rules
pursuant to chapters 91 and 201M to:
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(1)
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Protect the health, safety, and civil
rights of clients of home care agencies; and
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(2)
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Provide for the licensure of home care
agencies.
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(c)
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A service
provider agency shall be exempt from the licensing requirement of this section when
services are provided:
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(1)
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Under contract for services with the
city and county of Honolulu, elderly affairs division of the department of
community services; or
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(2)
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Exclusively to participants in the
medicaid home and community based services waiver, pursuant to section 1915(c)
of the Social Security Act, by an agency approved by the department of human
services med-QUEST division.
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(d)
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No home care agency or person with a
financial interest in the home care agency shall provide home care services to
a client if the home care agency or person owns or leases the client's
residence.
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[
(d)
]
(e)
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A home care agency shall only
provide home care services or related tasks, functions, and activities in
accordance with its license, and shall not provide services authorized by
chapter 457 unless those services are provided by a registered nurse, a
licensed practical nurse, or an advanced practice registered nurse.
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[
(e)
]
(f)
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Violations of this section
shall be subject to the penalties and remedies provided in this chapter and
rules adopted by the department of health.
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[
(f)
]
(g)
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For the purposes of this
section:
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"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.
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"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.
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"Home
care services" may include:
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(1)
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Personal care, including assistance
with dressing, feeding, and personal hygiene to facilitate self-care;
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(2)
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Homemaker assistance, including
housekeeping, shopping, and meal planning and preparation; and
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(3)
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Respite care and assistance and support
provided to the family."
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
5.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Home Care
Agencies; Home Care Services; Licensing
Description:
Prohibits
a home care agency or person with a financial interest in the home care agency
from providing home care services to a client if the home care agency or person
owns or leases the client's residence.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.