Bill Text: HI HB2071 | 2022 | Regular Session | Amended
Bill Title: Relating To Purchases Of Health And Human Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-10 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) McDermott excused (1). [HB2071 Detail]
Download: Hawaii-2022-HB2071-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2071 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PURCHASES OF HEALTH AND HUMAN SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend the procurement laws relating to purchases of health and human services to promote procurement efficiency, program success, and government accountability. Specifically, this Act:
(1) Increases efficiency of short-term treatment purchase of services;
(2) Increases the small purchase threshold for health and human services; and
(3) Abolishes the community council on purchase of health and human services.
SECTION 2. Section 103F-102, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Policy board" has the same meaning as in section 103D-104."
SECTION 3. Section 103F-404, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103F-404[]]
Treatment purchase of services.
(a) Treatment services may be
purchased in accordance with this section if [either or both] any
of the following circumstances are applicable:
[(1) Such services
may become necessary from time to time, but cannot be anticipated accurately on
an annual or biennial basis; and
(2) When deferring
treatment until solicitation, provider selection, and contract formation can be
completed, the problem needing treatment would be rendered worse than at the time
of diagnosis or assessment.
Contracts for treatment services shall be awarded
on the basis of demonstrated competence and qualification for the type of
service required, and at fair and reasonable prices.]
(1) The need for
treatment services is unanticipated and arises only from time to time;
(2) The required treatment
services are for a one-time purchase for not more than $100,000 and no longer
than one year; or
(3) The treatment services
are generally accepted practices by the industry or profession.
(b)
At a minimum, before the beginning of each fiscal year, the [administrator]
head of the purchasing agency, or the purchasing agency's designee, shall
publish a notice describing the types of treatment services that may be needed
throughout the fiscal year on [a periodic] an as-needed basis
and inviting providers engaged in providing these treatment services to submit
current statements of qualification and expressions of interest to the [office.
The chief procurement officer may specify
a uniform format for statements of qualifications.] head of the purchasing
agency, or the purchasing agency's designee. Providers may amend these statements by filing
an amended or new statement prior to the date designated for submission.
(c)
The [administrator] head of
the purchasing agency shall form an initial review committee for each
profession, consisting of a minimum of three employees from a state agency
or agencies with sufficient education, training, and licenses or credentials to
evaluate the statements of qualifications [which] that the [administrator] head of the purchasing
agency, or the purchasing agency's designee receives in response to the
notice published pursuant to subsection (b).
The committee shall review and evaluate the submissions and other pertinent
information, including references and reports, and prepare a list of qualified
providers to provide treatment services during the fiscal year. Providers included on the list of qualified
treatment providers may amend their statements of qualifications as necessary
or appropriate. Providers shall
immediately inform the [administrator] head
of the purchasing agency of any changes in information furnished [which] that would disqualify the
provider from being considered for a contract award.
(d) When the need to purchase treatment arises, the head of a purchasing agency shall select the provider most qualified to provide the needed treatment from the list of qualified providers.
(e)
The head of the purchasing agency, or [a] the purchasing agency's
designee, shall negotiate a contract, including a rate of compensation [which] that is fair and reasonable,
established in writing, and based upon the estimated value, scope, nature, and
complexity of the treatment services to be rendered, or use the rate
established by the [administrator,] head
of the purchasing agency, if any. If
negotiations fail, upon written notice of an impasse to the provider selected
under subsection (d), the head of the purchasing agency shall choose another
provider from the list of qualified providers, and conduct further negotiations. Negotiations shall be conducted
confidentially.
(f)
Contracts for treatment services in excess of $100,000 or that
last for more than one year shall [be procured
using section 103F-402, competitive purchase of services, unless a waiver of
this subsection is approved by the chief procurement officer.] utilize
an alternative applicable method of procurement pursuant to section 103F-401."
SECTION 4. Section 103F-405, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103F-405[]] Small
purchases. Purchases of health and
human services of less than [$25,000] $100,000
are small purchases, and shall be made in accordance with [section 103D-305 and] rules adopted by the
policy board to implement [that] this section."
SECTION 5. Section 103F-202,
Hawaii Revised Statutes, is repealed.
["[ §103F-202 ] Community council. (a) There
is established a community council on purchase of health and human services. The community council shall be comprised of no
more than nine voting members, and one non-voting, ex-officio member of the
interagency committee on purchase of health or human services designated by the
majority of the members of the committee. There shall be a member from each county,
except the county of Kalawao, and up to five members interested in health,
human services, employment, or the provision of services to children and youth.
(b) Voting members
shall be appointed by the governor and serve for four years. Each voting member shall serve until the member's
successor is appointed. Section 26-34
shall apply insofar as it relates to the number of terms and consecutive number
of years a member may serve on the council.
(c) Members shall
serve without compensation, but shall be reimbursed for actual expenses, including
travel expenses, necessary for the performance of their duties.
(d) The community
council shall advise the administrator about or assist the administrator in:
(1) Market or
business conditions facing providers;
(2) Securing input
from providers to facilitate agency decision-making to assess needs, plan,
budget, and purchase health and human services;
(3) Facilitating
provider participation in the process used by state agencies to plan for and
purchase health and human services;
(4) Establishing schedules
for planning and purchasing health and human services in relation to the annual
and biennial budget cycles;
(5) Developing
criteria to evaluate proposals to provide health and human services, and for
restrictive purchases under section 103F-403; and
(6) The needs of
purchasing agencies and providers for education and training to improve
planning for or purchasing of health and human services."]
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2112.
Report Title:
Procurement; Small Purchase Threshold; Treatment Purchase of Services; Community Council
Description:
Authorizes heads of purchasing agencies to issue requests for statement of qualifications and to establish lists of qualified providers for treatment purchase of services. Increases the small purchase threshold for purchases of health and human services. Abolishes the community council on purchase of health and human services. Effective 7/1/2112. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
