Hawaii-2021-SB59-Introduced

SECTION 1. The legislature finds that, during the coronavirus disease 2019 (COVID-19) pandemic, state and federal inspectors raised numerous concerns and questions about the Yukio Okutsu State Veterans Home response to the pandemic. As a result, the group running the veterans' home in Hilo, Hawaii has been fined nearly $30,000. Overall, nursing homes are blamed for about forty per cent of all known COVID-19 deaths in the United States, which now top over 376,000. Accordingly, to help prevent additional spread of infectious diseases, the purpose of this Act is to:

(1) Require all operators of adult residential care homes, assisted living facilities, long-term care facilities, nursing homes, and community care facilities for the elderly to establish and implement infectious disease control and prevention training and other related protocols;

(2) Require the department of health to ensure compliance with infectious disease control and prevention training programs prior to the issuance or renewal of a license;

(3) Authorize the department of health to conduct random audits to determine compliance with infectious disease control and prevention training program or course requirements;

(4) Require the department of health to establish a hotline to field calls and complaints regarding violations;

(5) Authorize the department of health to adopt rules, including emergency rules, and assess fines;

(6) Require the department of health to conduct an annual announced and scheduled visit and inspection for all state-licensed or state-certified care facilities, in addition to its required annual inspections without notice; and

(7) Require applicants for nursing home administrator licenses to demonstrate at least five years of experience and the ability to document all training, experience, and certifications.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Care homes; infectious disease control and prevention; licensing; rules; fines. (a) All operators of adult residential care homes, assisted living facilities, long-term care facilities, nursing homes, and community care facilities for the elderly, shall:

(1) Require all employees and staff to annually complete an infectious disease control and prevention training program or course that is authorized by the department or approved or accredited by an accrediting agency or body. All new employees or staff shall complete the training program or course within forty-five days of hire;

(2) Establish and implement an ongoing internal training program for all staff and employees, including clerical, administrative, and kitchen staff, regarding the procedures and protocols for the control and prevention of infectious diseases. The internal training program shall include the protocol for notifying the Hawaii emergency management agency when necessary;

(3) Maintain adequate staffing to include staff or employees specifically responsible for re-directing patients who may be unable to comply with social distancing guidelines or requirements, infectious disease guidelines, or other protocols;

(4) Close all dining rooms, group activity rooms, common areas, and public gathering areas during times of a declared pandemic or outbreak of an infectious disease; provided that these areas may be reopened according to infectious disease protocols and guidelines established by the home or facility;

(5) Assign staff to designated groups or units to prevent the rotation of staff that could lead to potential cross-contamination, which shall apply to all kitchen, maintenance, or any other positions necessary in the performance of daily duties;

(6) Monitor the inventory of personal protective equipment, which shall include gowns, face masks, gloves, and shoe covers. Shift leaders or other authorized personnel shall review infectious disease guidelines before each shift, continue to update patient information, and document inventory of personal protective equipment at each shift change;

(7) Establish sanitation stations and locker rooms for staff and employees to shower and change out of work garments and shoes to be bagged and laundered after each shift. Shoes worn during a shift shall not be worn outside the home or facility; and

(8) Organize and maintain data on all patients including:

(A) Medical conditions;

(B) Advance directives;

(D) Whether the patient wanders due to a medication or condition.

This data shall be made viewable to the department during visits and inspections pursuant to section 321‑1.9.

(b) The department shall ensure compliance with the infectious disease control and prevention training program or course requirements established by this section prior to the issuance or renewal of any license pursuant to this chapter.

(c) The department may conduct random audits to determine compliance with infectious disease control and prevention training program or course requirements established by this section. The department shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the department with documentation verifying compliance with the training program or course requirement established by this section.

(d) The department shall establish a hotline to field anonymous calls by staff, patients, or relatives of patients, of complaints or violations of this section to prevent against retaliation. The operators of adult residential care homes, assisted living facilities, long-term care facilities, nursing homes, and community care facilities for the elderly, shall post a clear and conspicuous sign at the primary public entrance of the home or facility that specifies the department's hotline information.

(e) The department shall adopt rules pursuant to chapter 91 necessary to carry out the purpose of this section, including the assessment of fines that may be collected for violations of this section. The department shall have the authority to adopt emergency rules pursuant to section 91-3(b) if imminent peril to the public health and safety requires adoption of a rule.

(f) All fines collected under this section shall be deposited in the general fund of the State."

SECTION 3. Section 321-1.9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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. The department shall additionally conduct an annual announced and scheduled visit and inspection for all state-licensed or state-certified care facilities."

SECTION 4. Section 457B-3.1, Hawaii Revised Statutes, is amended to read as follows:

"§457B-3.1 Conditions concerning qualifications for licensure examination. The director shall adopt rules setting minimum educational, training, and experience qualifications that must be satisfied before an applicant is allowed to sit for the licensing examination[.]; provided that an applicant shall demonstrate a minimum of five years of experience; provided further that all training, previous places of employment, references, abilities to communicate with staff at all levels, and certifications be documented by the applicant."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Nursing Homes; Long-Term Care Facilities; Assisted Living Facilities; Department of Health; Disease Control and Prevention; Licenses; Rules; Fines

Description:

Requires operators of adult residential care homes, assisted living facilities, long-term care facilities, nursing homes, and community care facilities to establish and implement infectious disease control and prevention training and other related protocols. Requires the Department of Health to ensure compliance with infectious disease control and prevention training programs prior to the issuance or renewal of a license. Authorizes the Department of Health to conduct random audits to determine compliance with infectious disease control and prevention training program or course requirements. Requires the Department of Health to establish a hotline to field calls and complaints regarding violations. Authorizes the Department of Health to adopt rules, including emergency rules, and assess fines. Requires the Department of Health to conduct an annual announced and scheduled visit and inspection for all state-licensed or state-certified care facilities, in addition to its required annual inspections without notice. Requires applicants for nursing home administrator licenses to demonstrate at least five years of experience and the ability to document all training, experience, and certifications.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	59
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII