Bill Text: HI SB1140 | 2012 | Regular Session | Introduced
Bill Title: Health Care; Out-of-State Transfer; Notification; Developmental Disabilities; Long-term Care
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1140 Detail]
Download: Hawaii-2012-SB1140-Introduced.html
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THE SENATE |
S.B. NO. |
1140 |
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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 health care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that a very serious issue facing our State is the lack of capacity in our community to provide adequate care in community-based residential settings. This applies not only for individuals with disabilities, but also for the vast majority of elderly individuals in need of basic medical care or assistance with activities of daily living. This lack of capacity will become even more exacerbated over time as the State's population ages. The legislature further finds that one of the unfortunate results of this situation has been a disturbing increase in the number of residents who are discharged from hospitals or treatment facilities in the State only to be transferred to a facility in another state.
The legislature finds this practice unacceptable because our island community has a responsibility to properly care for the elderly and disabled. The practice of transferring Hawaii's elderly or disabled to another state merely because they are occupying valuable space in a hospital while they wait for a bed to become available at a nursing home or care home is unconscionable.
The legislature finds that there is an urgent need to reverse this alarming practice and build, develop, and increase our capacity to care for our elderly and disabled in a manner that will preserve their dignity and allow them to receive appropriate care in a community-based setting.
The legislature also finds that, on a case-by-case basis, individuals who are transferred to a facility in another state should be apprised of their legal rights and assisted by an advocacy agency suited to determining whether their rights are being violated and their needs are being met. Hawaii has a state-designated protection and advocacy system that is designed and well-equipped to perform this function.
The purpose of this Act is to require all health care facilities and health care providers to notify the state-designated protection and advocacy entity or agency prior to transferring any individual to a treatment, rehabilitation, or long-term care facility in another state.
SECTION 2. Section 333F-8.5, Hawaii Revised Statutes, is amended to read as follows:
"§333F-8.5 Advocacy agency for persons
with developmental disabilities and mental illness. (a) The purpose of
this section is to comply with federal law[, which] that mandates
the states to provide advocacy services to persons with developmental
disabilities and mental illness in order to receive federal funds.
(b) The governor may designate an entity or
agency to [carry out the purposes of] provide advocacy services under
this section.
(c) The [entity or agency designated by the
governor] advocacy services shall have access to all records of any
person with developmental disabilities or mental illness, to the extent
required by federal law.
(d) The [entity or agency so] designated
[by the governor] advocacy services entity or agency shall
provide those [advocacy] services to persons with developmental
disabilities or mental illness as required by federal law. All departments and
agencies of the State and the judiciary shall cooperate with the advocacy
services entity or agency [so designated] to carry out the purposes
of this section.
(e) Prior to the transfer of an elderly individual in need of basic medical care or an individual with a developmental disability, mental illness, or other disability to a treatment, rehabilitation, or long-term care facility located in another State, the entity proposing the transfer shall provide notice to the advocacy services entity or agency under this section; provided that this subsection shall not apply to prisoners in correctional facilities.
For the purposes of this subsection, "elderly" means an individual sixty-two years of age or older."
SECTION 3. 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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Report Title:
Health Care; Out-of-State Transfer; Notification; Developmental Disabilities; Long-term Care
Description:
Requires health care facilities and providers to notify the state-designated advocacy services entity or agency prior to transferring an elderly or disabled patient to a treatment, rehabilitation, or long-term care facility in another state.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
