THE SENATE	S.B. NO.	901
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to care facility inspections.

 

 

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

 

     SECTION 1.  Section 321-1.8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-1.8[]]  Inspections; public notice.  (a)  Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of separate reports for all [inspections it] inspection visits, violations, plans of correction, and confirmations of implementation of plans of correction that the department performs [of] or issues for the following state-licensed care facilities:

     (1)  Adult day health centers;

     (2)  Adult day care centers;

     (3)  Community care foster family homes;

     (4)  Developmental disabilities domiciliary homes as defined in section 321-15.9;

     (5)  Developmentally disabled adult foster homes;

     (6)  Long-term care facilities as defined in section 349‑21(f); and

     (7)  Special treatment facilities as defined in section 334-1.

     (b)  [Each report] The following reports shall be posted on the department of health's website [within five working days of the conclusion of each inspection and shall include the following information:] within the following timeframes:

     (1)  [The date of the] For the initial inspection[;] visit, the report shall be posted within five working days of the conclusion of the initial inspection visit;

     (2)  A description of violations of relevant state laws or rules, if applicable[;], shall be posted within fifteen working days of the conclusion of the initial inspection visit;

     (3)  Plans of correction and the status of corrective actions in response to any violations, if applicable[;], shall be posted within thirty working days of the conclusion of the initial inspection visit;

     (4)  A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department[;], shall be posted within sixty working days of the plan of correction's submission; and

     (5)  Other information regarding the quality and conditions of the facility the department of health deems appropriate[.], including complaints registered with the department, shall be posted within five working days of the conclusion of the inspection.

     (c)  The department of health shall log each report in a database designed for easy public posting.

     [(c)] (d)  Each report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted[.]; provided that each facility inspected by the department shall maintain a record of all inspection visits, violations, and plans of correction and shall notify the executive office on aging, office of the long-term care ombudsman, and appropriate county offices on aging of initial inspection visit dates.  The notified agencies shall maintain a public database of dates relevant to the inspection process."

     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:

Kupuna Caucus; Department of Health; Inspections; Public Notice; Website; Initial Inspection Visits; Databases; Executive Office on Aging; Office of the Long-Term Care Ombudsman; County Offices on Aging

 

Description:

Requires the Department of Health to post on its website separate reports for various visits, violations, plans, and confirmations the Department performs or issues of certain care facilities.  Establishes deadlines for each report type.  Requires the Department of Health to log all reports in a database designed for easy public posting.  Requires all facilities inspected by the Department of Health to maintain certain records and notify the Executive Office on Aging, Office of the Long-Term Care Ombudsman, and appropriate county offices on aging of initial inspection visit dates.

 

 

 

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