Bill Text: HI HB643 | 2012 | Regular Session | Introduced
Bill Title: Condominium Board Liability Limitation; Nurses; Aging in Place
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB643 Detail]
Download: Hawaii-2012-HB643-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
643 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONDOMINIUMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514B-142, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Upon a report, observation, or
complaint relating to an elderly or disabled unit owner or resident aging or
aging in place or living independently with a physical or mental disability or
disabling condition, which notes a problem similar in nature to the problems
enumerated in subsection (a), the board, in good faith, and without legal
responsibility or liability, whether or not under the rule of respondeat
superior or other theory of liability, may [request]:
(1) Request a functional assessment regarding the condition of an elderly or disabled unit owner or resident as well as recommendations for services from mental health or medical practitioners, governmental agencies responsible for adult protective services, or non-profit or for-profit service entities
[which the elderly or disabled unit owner or
resident may require to maintain a level of independence that enables the owner
or resident to avoid any harm to self or to others, and to avoid disruption to
the condominium community; provided that when a functional assessment is
requested by the board, the unit owner or resident shall be deemed to be the
client of the person or entity conducting the functional assessment. The board,
upon request or unilaterally, and without legal responsibility or liability,
may recommend];
(2) Recommend available services, including assistance from state or county agencies and non-profit or for-profit service entities, to an elderly or disabled unit owner or resident
[which may enable the elderly or disabled unit
owner or resident to maintain a level of independent living with assistance,
enabling in turn, the elderly or disabled unit owner or resident to avoid any
harm to self or others, and to avoid disruption to the condominium community.];
or
(3) Employ a nurse licensed, and in the case of an advanced practice registered nurse, recognized under chapter 457, to provide services to an elderly or disabled unit owner or resident,
which may enable the elderly or disabled unit owner or resident to maintain a level of independent living with assistance, enabling in turn, the elderly or disabled unit owner or resident to avoid any harm to self or others, and to avoid disruption to the condominium community; provided that when a functional assessment is requested by the board, the unit owner or resident shall be deemed to be the client of the person or entity conducting the functional assessment.
(c) There is no affirmative duty on the part of the association, its board, the unit owners, or residents, or their agents or tenants, to request or require an assessment and recommendations or obtain services with respect to an elderly or disabled unit owner or resident when the elderly or disabled unit owner or resident may be experiencing the problems related to aging and aging in place or living independently with a physical or mental disability or disabling condition enumerated in subsection (a). The association, its board, unit owners, or residents, and their agents and tenants, shall not be legally responsible or liable for not requesting or declining to request a functional assessment of, and recommendations for, or not obtaining services for, an elderly or disabled unit owner or resident regarding problems relating to aging and aging in place or living independently with a physical or mental disability or disabling condition."
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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Report Title:
Condominium Board Liability Limitation; Nurses; Aging in Place
Description:
Allows a condominium board, in good faith, and without legal responsibility or liability, to employ a nurse to provide services to an elderly or disabled unit resident which may allow the resident to live safely and independently and avoid disruption to the condominium community.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
