Bill Text: HI SR72 | 2011 | Regular Session | Introduced

Hawaii Senate Resolution 72 (Prior Session Legislation)

Introduced

Bill Title: State Health Planning and Development Agency

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-21 - (S) Referred to HTH, JDL. [SR72 Detail]

Download: Hawaii-2011-SR72-Introduced.html

THE SENATE	S.R. NO.	72
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE RESOLUTION

Affirming that the state health planning and development agency is subject to hawaii's sunshine law and that the state health services and facilities plan is AN AGENCY RULE subject to the public hearing requirements of chapters 91 and 92, hawaii revised statutes.

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 whose major capital projects were not approved by their 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 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 follow 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, the Certificate of Need regulatory process is a tool for implementing the State Health Services and Facilities Plan by regulating what health care services and facilities are allowed to operate in the State based on certain criteria, including the need, costs, quality, accessibility, availability, and acceptability of the services and facilities; and

WHEREAS, the "Council Members Orientation Manual" distributed by SHPDA to its members states that the State Health Services and Facilities Plan is the "foundation of SHPDA"; 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, 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, nor does the term include declaratory rulings issued pursuant to section 91-8, Hawaii Revised Statutes, nor intra-agency memorandums; and

WHEREAS, the State Health Services and Facilities Plan clearly meets the definition of a "rule" under chapter 91, Hawaii Revised Statutes, as it does not address internal management and focuses externally on the State's health care system by determining what services and facilities are regulated and by which standards of regulation; 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, the State Health Services and Facilities Plan articulates the State's public policy on the health care needs of the State, including inpatient care, health care facilities, and special needs, and depicts the most economical and efficient system of care commensurate with adequate quality of care, and standards for the utilization of health care facilities and major medical equipment while providing for the reduction or elimination of underutilized, redundant, or inappropriate health care facilities and health care services; 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, that the Legislature hereby affirms that:

(1) The State Health Planning and Development Agency is subject to Hawaii's Sunshine Law, chapter 92, Hawaii Revised Statutes; and

(2) The State Health Services and Facilities Plan is an agency rule that is subject to chapter 91, Hawaii Revised Statutes, and the preparation of the State Health Services and Facilities Plan or any amendments thereto is required to go through the public hearing process in conformance with the requirements of chapters 91 and 92, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this 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.