Bill Text: HI SB1016 | 2024 | Regular Session | Amended
Bill Title: Relating To Public-private Partnerships For The Delivery Of Health Care Services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [SB1016 Detail]
Download: Hawaii-2024-SB1016-Amended.html
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THE SENATE |
S.B. NO. |
1016 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PUBLIC-PRIVATE PARTNERSHIPS FOR THE DELIVERY OF HEALTH CARE SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323F-51, Hawaii Revised Statutes, is
amended by amending the definition of "private entity" to read as
follows:
""Private entity" means a business organization duly authorized to transact business in the State that:
(1) Has a certificate of need or license
to operate one or more [licensed hospitals in the State obtained from the
state health planning and development agency pursuant to part V of chapter
323D;] community hospitals or hospitals serving a rural population
licensed under the laws of any state; or
(2) Is the sole member of a nonprofit
management entity or hospital that has a certificate of need or license
to operate one or more [licensed hospitals in the State obtained from the
state health planning and development agency pursuant to part V of chapter
323D.] community hospitals or hospitals serving a rural population
licensed under the laws of any state."
SECTION 2. Section 323F-52, Hawaii Revised Statutes, is amended to read as follows:
"[[]§323F-52[]] Transfer of right and responsibility to
manage, operate, and provide health care services in a facility of the Maui
regional system to a nonprofit management entity. (a) Notwithstanding any other law to the contrary, including but
not limited to section 27-1[,]; section 76-16(b) and other
sections of chapter 76[,]; chapters 78, 89, 89A, 89C, and 171[,];
part V of chapter 323D[,]; and sections 323F-11 and 323F-31, the
governor, with the assistance of the chief executive officer of the corporation,
and the regional chief executive officer of the Maui regional system, or their
designees, shall negotiate with a private entity to transfer the right and
responsibility to manage, operate and otherwise provide health care services at
one or more facilities of the Maui regional system, including Maui memorial
medical center, Kula hospital and clinic, and Lanai community hospital, to a
nonprofit management entity wholly-owned by the private entity; provided that
the private entity submitted a statement of interest in response to a notice
published in accordance with section 1-28.5 by the Maui regional system board,
inviting private entities to submit statements of interest in acquiring the
right and responsibility to manage, operate, and otherwise provide
health care services in one or more of the Maui regional system's facilities.
(b) Any agreement negotiated by the governor and
entered into by the private entity and the governor, the corporation board, and
the Maui regional system board, shall, at minimum, include a transfer
completion date and a plan and schedule for completing the transfer that
includes:
(1) Provisions and deadlines for conducting and completing due diligence;
(2) Provisions and a deadline to terminate the agreement before a transfer is completed, at the parties' respective option;
(3) Provisions for winding-down operations at the transferred facility or facilities and for terminating the agreement in the event that the lease entered into pursuant to section 323F-54 is terminated before the lease expires or the private entity or its nonprofit management entity abandons or otherwise discontinues its provision of health care services in a transferred facility; and
(4) Provisions to transfer or assign interests in equipment and furnishings, including any leases for the same; accounts receivable; medicare and other provider agreements; business and commercial licenses and registrations; intellectual property and goodwill; administrative, financial, and medical records and information; or any other interests or property of the Maui regional system facility or facilities to be transferred under this part, that the parties agree to transfer or assign.
(c) On and after the transfer completion date for the transfer of one or more facilities of the Maui regional system to a private entity or its nonprofit management entity pursuant to this part, the State, the corporation, and the Maui regional system and its board shall cease to have any responsibility for or control over the management and operation of the facility or facilities transferred by the agreement pursuant to this part.
(d) Beginning January 1, 2024, before
entering into any new agreement or modifying or terminating any existing
agreement entered into pursuant to this part, the chief executive officer of
the corporation or the chief executive officer’s designee shall provide the
governor with written comments, including any representations made by the
private entity to the corporation or Maui regional system related to the management
and operation of and provision of health care services at the facility or
facilities transferred or being transferred by the agreement pursuant to this
part."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000.
Report Title:
Hawaii Health Systems Corporation; Maui Regional System Facilities; Public-Private Partnerships; Private Entity; Agreements
Description:
Expands the definition of "private entity" to include business organizations that are authorized to transact business in the State, including nonprofit management entities that have a certificate of need or license to operate one or more community hospitals or hospitals serving a rural population licensed under the laws of any state. Beginning 1/1/2024, require the chief executive officer of the Hawaii health systems corporation to provide written comments to the governor before the State enters into any new agreement with a private entity or modifies or terminates any existing agreement to transfer the right and responsibility to manage, operate and otherwise provide health care services at one or more facilities of the Maui regional system. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
