Bill Text: HI SCR127 | 2011 | Regular Session | Amended
Bill Title: State Health Planning and Development Agency
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-06-06 - (S) Certified copies of resolutions sent, 06-06-11. [SCR127 Detail]
Download: Hawaii-2011-SCR127-Amended.html
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THE SENATE |
S.C.R. NO. |
127 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE CONVENING OF A LEGISLATIVE WORKING GROUP TO evaluate and MAKE RECOMMENDATIONS REGARDING THE POLICIES AND PROCEDURES OF THE State Health Planning and Development Agency AND PREPARATION OF AND AMENDMENTS TO THE STATE HEALTH SERVICES AND FACILITIES PLAN.
WHEREAS, the government's role in health care planning had its beginnings with the Hill-Burton Act of 1946 which authorized federal funds for hospital construction; and
WHEREAS, in 1966 the Federal Comprehensive Health Planning Act (Public Law 89-749) mandated all states to establish health planning agencies in order to receive federal funding through the Hill-Burton Act, Social Security Act, and other related federal funding programs; and
WHEREAS, Congress amended the Social Security Act in 1972 to give states the power to deny Medicare, Medicaid, and other government reimbursements to facilities with major capital projects that were not approved by the state's health planning agency; and
WHEREAS, in 1974, Congress enacted Public Law 63-641 which more firmly tied a state's receipt of federal funding for health care, including grants, to adoption of a Certificate of Need Program as a sub-function of a state's health planning agency; and
WHEREAS, Public Law 96-79 required that all regulatory Certificate of Need decisions follow a state's regional health plan as developed by the appropriate planning committees; and
WHEREAS, pursuant to Act 152, Session Laws of Hawaii 1976, the Legislature established the State Health Planning and Development Agency (SHPDA); and
WHEREAS, in Act 152, the Legislature recognizes that health planning for the State is a complex area that requires the input of persons of various interests and representing various geographical areas; and
WHEREAS, the Legislature also found that the process of health planning must seek to best meet the health needs of the State, as perceived by the residents of the State who, depending upon the community of residence, may perceive different needs; and
WHEREAS, the development of health programs, services, and facilities largely follows the growth of the State in some areas, while other areas may not have adequate services available; and
WHEREAS, the purpose of Act 152 is to "ensure the pragmatic health planning of the State by providing a permanent vehicle for citizen input into the health planning process, so that the total health services plan of the State will be based on informed decision-making"; and
WHEREAS, in establishing health planning as a function of the State, the Legislature directed SHPDA to conduct health planning services and to implement the State Health Services and Facilities Plan; and
WHEREAS, section 323D-15, Hawaii Revised Statutes, states that the State Health Services and Facilities Plan shall address the health care needs of the State, including inpatient care, health care facilities, and special needs; and
WHEREAS, section 323D-15, Hawaii Revised Statutes, also requires that the State Health Services and Facilities Plan provide for the reduction or elimination of underutilized, redundant, or inappropriate health care facilities and health care services; and
WHEREAS, section 91-1, Hawaii Revised Statutes, states that a "rule" is an agency's statement of general or particular applicability and future effect that implements, interprets, or prescribes laws or policy, or describes the organization, procedure, or practice requirements of the agency, and that the term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public; declaratory rulings issued pursuant to section 91-8, Hawaii Revised Statutes; and intra-agency memoranda; and
WHEREAS, chapter 92, Hawaii Revised Statutes, Hawaii's Sunshine Law, expressly declares that it is the policy of the State that the formation and conduct of public policy, including the discussions, deliberations, decisions, and actions of government agencies, shall be conducted as openly as possible; and
WHEREAS, Hawaii's Sunshine Law declares the Legislature's intent that provisions requiring open meetings be liberally construed and the provisions providing exceptions to open meeting requirements be strictly construed against closed meetings requiring that, minus certain exceptions, all discussions, deliberations, decisions, and actions of a board or commission relating to official business must be conducted as part of a public meeting; and
WHEREAS, section 323D-17, Hawaii Revised Statutes, requires that in preparation of the State Health Services and Facilities Plan or amendments to the plan, public hearings be held in compliance with chapters 91 and 92, Hawaii Revised Statutes; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Health Committee Chairs in the Senate and House of Representatives are requested to convene a working group during the interim between the Regular Session of 2011 and the Regular Session of 2012 to:
(1) Evaluate whether SHPDA is subject to Hawaii's Sunshine Law, chapter 92, Hawaii Revised Statutes;
(2) Evaluate whether the State Health Services and Facilities Plan is an agency rule that is subject to chapter 91, Hawaii Revised Statutes, and whether the preparation of the State Health Services and Facilities Plan or any amendments thereto are required to go through the public hearing process in conformance with chapters 91 and 92, Hawaii Revised Statutes; and
(3) Recommend ways to improve SHPDA's efficiency as it determines certificates of need; and
BE IT FURTHER RESOLVED that nothing in this Concurrent Resolution be used in any legal dispute or judicial proceeding, nor any of the terms of this Concurrent Resolution be applied retroactively from the date of adoption of this Concurrent Resolution; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, President of the Senate, Speaker of the House of Representatives, Director of Health, Administrator of the State Health Planning and Development Agency, Chairperson of the Statewide Health Coordinating Council, Chairpersons of the Subarea Health Planning Councils, Chairperson of the Plan Development Committee, and Mayor of each county.
State Health Planning and Development Agency
