By amending Hawaii Revised Statutes, the bill makes it unlawful for any person or entity in the health care sector to knowingly refer or transfer patients to an unlicensed facility. This change is intended to enhance consumer protection, decrease the prevalence of unlicensed care, and impose financial penalties for violations, which could range from $500 to $2,000 depending on the number of offenses. The bill also repeals the existing landlord exclusion, which previously allowed some landlords to circumvent licensing requirements under certain conditions.
House Bill 1746 addresses critical issues surrounding unlicensed care homes and facilities in Hawaii, specifically related to the safety and welfare of elderly and vulnerable populations. The bill aims to bolster the enforcement activities of the Department of Health by clarifying the professional responsibilities regarding the referral of patients to licensed facilities. It derives from findings that illegal practices, such as transferring patients to unlicensed care homes, have been harmful and costly to patients, as they often result in denied insurance reimbursements and the absence of necessary health regulations.
The sentiment surrounding HB 1746 has generally leaned towards support from advocates who emphasize the need for stricter regulations to protect vulnerable populations from substandard care. There is recognition of the potential risks posed by unlicensed facilities, especially in light of numerous complaints received by the Department of Health over the past few years. However, there may be some opposition from entities that feel the bill places undue restrictions on landlords and health care workers who may facilitate necessary care under certain circumstances.
A notable point of contention in the discussions about HB 1746 relates to the balance between protecting patient welfare and allowing sufficient flexibility for healthcare providers and facilities. Supporters advocate for robust regulations to eliminate unlicensed care, while critics raise concerns about the potential adverse effects on the ability of certain facilities to provide essential services. Additionally, the operational implications for landlords and healthcare professionals are key considerations, influencing how this bill might be received across different sectors.