Bill Text: HI SB1276 | 2024 | Regular Session | Introduced
Bill Title: Relating To Purchases Of Health And Human Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1276 Detail]
Download: Hawaii-2024-SB1276-Introduced.html
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THE SENATE |
S.B. NO. |
1276 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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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 2. 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 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 from time to time;
(2) The required treatment services are
for a one-time purchase for not more than $100,000 and not longer than one
year;
(3) The treatment services are generally
accepted practices by the industry or profession; and
(4) The award of a contract is based on
demonstrated competence and qualification for the type of treatment service
required and at fair and reasonable prices.
(b) [At a minimum, before the beginning of
each fiscal year, the administrator] The head of the purchasing agency,
or the purchasing agency's designee, shall, at a minimum, 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.] purchasing
agency. 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, or the purchasing agency's designee, 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 services arises, the head of a purchasing agency shall select the provider most qualified to provide the needed treatment services 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 3. 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. The threshold amount for
goods and services set out in section 103D-305 shall also apply to section
103F-405."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Procurement; Treatment Purchase of Services; Small Purchase Threshold
Description:
Authorizes heads of purchasing agencies to issue requests for statements of qualification and to establish lists of qualified providers for treatment purchase of services. Increases the small purchase threshold for health and human services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
