RELATING TO COMMUNITY-BASED CARE.

SB2365

THE SENATE

S.B. NO.

2365

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to COMMUNITY-BASED CARE
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The legislature finds that community care
foster family homes are a vital resource, allowing adults who require moderate
levels of nursing or personal care to remain in a home-like setting.
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Under the MedQuest program, to qualify for
placement in a community care foster family home, a person must be certified by
a physician as requiring the level of care offered by an intermediate care
facility or skilled nursing facility.
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These
levels of care are typically appropriate for persons who need health monitoring
and personal assistance but do not require hospitalization.

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The
legislature recognizes that, while residents of community care foster family
homes often need assistance with multiple aspects of personal care, most
residents are not considered medically complex or medically fragile.
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These residents can be supported in the
community by trained caregivers.
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However, to ensure that all residents receive consistent and appropriate
care services, the legislature believes that each primary and substitute
caregiver in a community care foster family home should, at a minimum, be a certified
nurse aide.
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Certified nurse aides are
trained to monitor vital signs, administer medication, and perform other
routine health services.

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Accordingly,
the purpose of this Act is to ensure the safety and quality of community care
foster family homes by:

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(1)
�
Requiring
the department of health to adopt rules mandating that each primary caregiver
and substitute caregiver in a community care foster family home be a licensed
nurse or certified nurse aide; and

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(2)
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Making
the requirements for primary and substitute caregivers applicable to all community
care foster family homes, regardless of the number of clients in the home.

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SECTION

2
.
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Section
321-483, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:

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"(b)
�
The department shall adopt rules pursuant to
chapter 91 relating to:

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(1)
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Standards of conditions and competence
for the operation of community care foster family homes;

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(2)
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Procedures for obtaining and renewing a
certificate of approval from the department;

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(3)
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Minimum grievance procedures for
clients of community care foster family home services; and

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(4)
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Requirements for primary and substitute
caregivers [
caring for three clients
] in community care foster family
homes including:

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(A)
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Mandating that primary and substitute
caregivers be twenty-one years of age or older;

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(B)
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Mandating that primary and substitute
caregivers complete a minimum of twelve hours of continuing education every
twelve months or at least twenty
‑
four hours of continuing
education every twenty
‑
four months;

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(C)
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Allowing the primary caregiver to be
absent from the community care foster family home for no more than twenty-eight
hours in a calendar week, not to exceed five hours per day; provided that the
substitute caregiver is present in the community care foster family home during
the primary caregiver's absence;

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(D)
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[
Where the primary caregiver is
absent from the community care foster family home in excess of the hours as
prescribed in subparagraph (C), mandating
]
Mandating
that [
the
]

each primary caregiver and
substitute caregiver be a
licensed nurse or

certified nurse aide; and

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(E)
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Mandating that the substitute caregiver
have, at a minimum, one year prior work experience as a caregiver in a
community residential setting or in a medical facility."

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SECTION 3.
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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 4.
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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 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOH; CCFFH; Caregivers; Certified Nurse Aide; Licensed
Nurse; Requirements

Description:

Requires the Department of Health to adopt rules mandating
that each primary caregiver and substitute caregiver in a Community Care Foster
Family Home be a licensed nurse or certified nurse aide.
�
Makes the requirements for primary and
substitute caregivers applicable to all Community Care Foster Family Homes,
regardless of the number of clients in the home.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.