Report Title:
Hawaii Health Systems Corporation; Direct Patient Care Services
Description:
Authorizes the regional system boards and the Hawaii health systems corporation board to reduce or eliminate direct patient care services unless legislation is enacted that includes an appropriation of moneys sufficient to fund the mandated services.
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THE SENATE |
S.B. NO. |
1139 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 262, Session Laws of Hawaii 1996, established the Hawaii health systems corporation for the purpose of providing quality and cost effective health care for all people in Hawaii served by the publicly owned and operated community hospital facilities. The primary intent of this landmark legislation was to free these facilities from burdensome, redundant, and restrictive bureaucratic procedures. The legislative intent, and goal of the Hawaii health systems corporation, of providing quality health care services while seeking to reduce the need for general fund subsidy, is hindered by limitations placed on the corporation's authority to appropriately adjust levels of patient care services in a timely manner based on need and availability of resources at its facilities.
The legislature finds that to give effect to the legislative intent and goals of the corporation, it is necessary to provide Hawaii health systems corporation with the flexibility to appropriately adjust levels of patient care services to be provided at its facilities. This will serve to enhance its operational efficiency and to serve as a quality‑focused, integrated health care system for the people of Hawaii.
The purpose of this Act is to authorize the regional system boards and the Hawaii health systems corporation board to reduce or eliminate direct patient care services unless legislation is enacted that includes an appropriation of moneys sufficient to fund the mandated services.
SECTION 2. Section 323F-31, Hawaii Revised Statutes, is amended to read as follows:
"§323F-31 Maintenance of services.
(a) [The corporation and each regional
system board shall notify the legislature of any planned substantial reduction
or elimination of direct patient care services.] No planned
substantial reduction or elimination of direct patient care services at any
facility shall be undertaken unless all of the following requirements are met:
(1) The plan of the facility to substantially reduce or eliminate any direct patient care services shall first be presented to the community in which the facility is located, at a community informational meeting, in order to obtain community input on the plan;
(2) Subsequent to the requisite community informational meeting, the facility may present its plan to the regional system board for its approval; and
(3) Provided that if the regional system board approves the plan, the plan as approved by the regional system board may be submitted to the corporation board for ratification. A facility shall not proceed with the implementation of the plan without corporation board ratification.
(b) [No substantial reduction or
elimination of direct patient care services at any facility shall be undertaken
by the corporation without the approval of the legislature.] Twenty days
prior to the implementation of the plan approved by the regional system board
and ratified by the corporation board, the regional system board that approved
the plan shall give notice of implementation of the plan to the governor, senate
president, and the speaker of the house of representatives.
(c) [The legislature shall maintain review
and oversight authority over the provision of direct patient care services
provided at each facility and may intervene to counter or restrict any
substantial reduction or elimination of patient care services.] The
decision of the regional system board, as ratified by the corporation board,
shall be the final decision with respect to the plan. Implementation of the
plan shall commence and continue, provided that no legislation is enacted that:
(1) Requires the reinstatement and continuation of the direct patient care services that are subject to reduction or elimination under the plan; and
(2) Includes an appropriation of additional moneys sufficient to adequately fund the mandated reinstatement and continuation of the subject direct patient care services."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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