Bill Text: HI HB1119 | 2025 | Regular Session | Introduced
Bill Title: Relating To Home Care Agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-23 - Referred to HLT, CPC, referral sheet 3 [HB1119 Detail]
Download: Hawaii-2025-HB1119-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1119 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOME CARE AGENCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-14.8, Hawaii Revised Statutes, is amended to read as follows:
"§321-14.8 Home care agencies; licensing. (a) 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.
(b) The department of health
shall adopt interim rules, which shall be exempt from chapters 91 and 201M, to effectuate
the licensure of home care agencies; provided that the interim rules shall remain
in effect until the sooner of October 1, 2018, or the adoption of rules pursuant
to chapters 91 and 201M to:
(1) Protect the health, safety,
and civil rights of clients of home care agencies; and
(2) Provide for the licensure of home care agencies.
(c) A service provider agency
shall be exempt from the licensing requirement of this section when services are
provided:
(1) Under contract for services
with the city and county of Honolulu, elderly affairs division; or
(2) 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.
(d) 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, licensed practical nurse, or advanced practice registered
nurse.
(e) Violations of this section shall be subject
to the penalties and remedies provided in this chapter and in rules adopted by
the department of health.
[(d)]
(f) For purposes of this section:
"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. The term "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.
"Home
care services" may include [but are not limited to]:
(1) Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;
(2) Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and
(3) Respite care and assistance and support provided to the family."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Home Care Agencies; Prohibitions; Limitations
Description:
Prohibits home care agencies from providing services outside the scope of their facility license.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
