THE SENATE	S.B. NO.	1581
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Inspections.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 321-1.9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-1.9[]]  Inspections; visits; state-licensed or state-certified care facilities.  (a)  The department of health shall conduct unannounced visits and inspections, including inspections for relicensing or recertification, for the following state-licensed or state-certified care facilities on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident:

     (1)  Adult day health centers;

     (2)  Adult day care centers;

     (3)  Community care foster family homes;

     (4)  Developmental disabilities domiciliary homes;

     (5)  Adult foster homes;

     (6)  Long-term care facilities, including but not limited to:

          (A)  Adult residential care homes;

          (B)  Expanded adult residential care homes;

          (C)  Assisted living facilities;

          (D)  Intermediate care facilities;

          (E)  Nursing facilities; and

          (F)  Skilled nursing facilities; and

     (7)  Special treatment facilities.

     (b)  Unannounced visits may be conducted during or outside regular business hours.  All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours.  Annual inspections for relicensing or recertification may be conducted during regular business hours or at intervals determined by the department.  Annual inspections for relicensing or recertification shall be conducted without notice.  Inspections for relicensing of all adult residential care homes, community care foster family homes, developmental disabilities domiciliary homes, and expanded adult residential care homes shall be scheduled at a date and time agreeable to the licensed home provider.

     (c)  Notwithstanding subsections (a) and (b) to the contrary, the department of health shall limit unannounced inspections to investigate complaints pertaining to client or patient abuse or life- or health-threatening danger at adult residential care homes for five or less residents, community care foster family homes, developmental disabilities domiciliary homes, and expanded adult residential care homes.  Complainants shall be required to identify themselves, make their complaint in writing, and have a credible basis upon which to make the complaint, such as an eyewitness account, for the complaint to be actionable by the department of health or department of human services or its designated inspection contractors.

     [(c)] (d)  The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section."

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

State-Licensed or State-Certified Care Facilities; Inspections; Limitation; Complaints; Department of Health

 

Description:

Requires the Department of Health to limit unannounced inspections to investigate complaints pertaining to client or patient abuse or life- or health-threatening danger at certain state-licensed or state-certified care facilities and establishes requirements to file complaints against the care facilities.  Requires relicensing inspections of certain care facilities to be scheduled.

 

 

 

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