Hawaii 2022 Regular Session

Hawaii Senate Bill SB237 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 237 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to care facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 237
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	237
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to care facilities.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that during the coronavirus disease 2019(COVID-19) pandemic, the state department of health and the Federal Veterans Administration, found numerous defects at the Yukio Okutsu State Veterans Home. These defects were sufficient to warrant the removal of the home's administration. The legislature also finds that the state department of health has not publicized any findings on private or other state-run long-term care facilities or nursing homes during the COVID-19 pandemic with respect to those facilities' management or response to the COVID-19 pandemic. The purpose of this Act is to raise the standard of care for the State's veteran homes, long-term care facilities, and nursing homes in response to the COVID-19 pandemic. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter § -1 Care Facility Licensing. As a condition of a care facility subject to this chapter being licensed or relicensed, it shall successfully complete training classes on infectious disease control and prevention provided by an accredited vendor or division of the State. The training classes shall be provided to all staff members of the care facility, and the record of each staff member's attendance shall be documented by the facility. New staff members employed by the care facility shall attend the required training and the staff member's attendance must be documented within forty-five days of hire. § -2 Inspections. The department of health shall conduct scheduled annual inspections of each care facility. In addition, an unscheduled inspection of each facility shall be performed at least annually. If a care facility is found to not be in compliance with this section, the department of health shall conduct a follow up inspection as needed to ensure compliance and that corrective action was taken. § -3 Application for Leadership. Any person applying to become the head administrator of a care facility shall: (1) Have at least five years of experience working in an administrative position of a care facility; (2) Provide documentation of any applicable training and certification; and (3) Provide references from previous places of employment that demonstrate skill in communication with staff. § -4 Continuing training. Each care facility shall establish an ongoing training program for all staff, that teaches protocols for infectious diseases and that shall include protocols for contacting the appropriate county disaster response agency, Hawaii emergency management agency, or the Hawaii emergency response team, as applicable. § -5 Staffing. Each care facility shall maintain adequate staffing, including dedicated staff to redirect wandering patients to comply with infectious disease guidelines and protocols. § -6 Hotline. The department of health shall establish an anonymous hotline for staff, patients, and relatives of patients to call to report inadequacies of any care facility in the State. § -7 Common spaces. Dining, group activity, or any other room that accommodates five or more people shall be closed; provided that they may be reopened pursuant and subject to guidelines and protocols established by the department of health. § -8 Staff rotations and assignments. Staff that are assigned to work with patients or residents infected with an infectious disease may not work with patients or residents who are not infected with that infectious disease. The staff included by this section shall include kitchen, maintenance or any other staff needed in the performance of daily duties. § -9 Personal protective equipment. Shift leaders shall document inventory of personal protective equipment at each shift change. Shift leaders shall review infectious disease guidelines before each shift and maintain updated patient information. Personal protective equipment shall include gowns, masks, gloves, shoe booties, sanitation stations and a locker room with shower to change out of work garments and shoes to be bagged for immediate laundry. Shoes worn at the care facility shall not be worn outside the facility. § -10 Recordkeeping. Each care facility shall keep a record of each patient that includes the patient's medical conditions, advanced directions, whether the patient can wear a mask, and whether the patient wanders due to condition or medication. An inspection of these records shall be performed by the department of health at scheduled and unscheduled inspections as described in this chapter." SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2026. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that during the coronavirus disease 2019(COVID-19) pandemic, the state department of health and the Federal Veterans Administration, found numerous defects at the Yukio Okutsu State Veterans Home. These defects were sufficient to warrant the removal of the home's administration. The legislature also finds that the state department of health has not publicized any findings on private or other state-run long-term care facilities or nursing homes during the COVID-19 pandemic with respect to those facilities' management or response to the COVID-19 pandemic.
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51	51	The purpose of this Act is to raise the standard of care for the State's veteran homes, long-term care facilities, and nursing homes in response to the COVID-19 pandemic.
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53	53	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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57	57	§ -1 Care Facility Licensing. As a condition of a care facility subject to this chapter being licensed or relicensed, it shall successfully complete training classes on infectious disease control and prevention provided by an accredited vendor or division of the State. The training classes shall be provided to all staff members of the care facility, and the record of each staff member's attendance shall be documented by the facility. New staff members employed by the care facility shall attend the required training and the staff member's attendance must be documented within forty-five days of hire.
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59	59	§ -2 Inspections. The department of health shall conduct scheduled annual inspections of each care facility. In addition, an unscheduled inspection of each facility shall be performed at least annually. If a care facility is found to not be in compliance with this section, the department of health shall conduct a follow up inspection as needed to ensure compliance and that corrective action was taken.
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61	61	§ -3 Application for Leadership. Any person applying to become the head administrator of a care facility shall:
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63	63	(1) Have at least five years of experience working in an administrative position of a care facility;
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65	65	(2) Provide documentation of any applicable training and certification; and
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67	67	(3) Provide references from previous places of employment that demonstrate skill in communication with staff.
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69	69	§ -4 Continuing training. Each care facility shall establish an ongoing training program for all staff, that teaches protocols for infectious diseases and that shall include protocols for contacting the appropriate county disaster response agency, Hawaii emergency management agency, or the Hawaii emergency response team, as applicable.
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71	71	§ -5 Staffing. Each care facility shall maintain adequate staffing, including dedicated staff to redirect wandering patients to comply with infectious disease guidelines and protocols.
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73	73	§ -6 Hotline. The department of health shall establish an anonymous hotline for staff, patients, and relatives of patients to call to report inadequacies of any care facility in the State.
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75	75	§ -7 Common spaces. Dining, group activity, or any other room that accommodates five or more people shall be closed; provided that they may be reopened pursuant and subject to guidelines and protocols established by the department of health.
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77	77	§ -8 Staff rotations and assignments. Staff that are assigned to work with patients or residents infected with an infectious disease may not work with patients or residents who are not infected with that infectious disease. The staff included by this section shall include kitchen, maintenance or any other staff needed in the performance of daily duties.
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79	79	§ -9 Personal protective equipment. Shift leaders shall document inventory of personal protective equipment at each shift change. Shift leaders shall review infectious disease guidelines before each shift and maintain updated patient information. Personal protective equipment shall include gowns, masks, gloves, shoe booties, sanitation stations and a locker room with shower to change out of work garments and shoes to be bagged for immediate laundry. Shoes worn at the care facility shall not be worn outside the facility.
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81	81	§ -10 Recordkeeping. Each care facility shall keep a record of each patient that includes the patient's medical conditions, advanced directions, whether the patient can wear a mask, and whether the patient wanders due to condition or medication. An inspection of these records shall be performed by the department of health at scheduled and unscheduled inspections as described in this chapter."
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83	83	SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2026.
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87	87	INTRODUCED BY: _____________________________
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89	89	INTRODUCED BY:
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91	91	_____________________________
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97	97	Report Title: Veterans homes; Long term care; Nursing facilities; COVID-19 Description: Raises the standard of care for the State's veteran homes, long term care facilities and nursing homes in response to the COVID-19 pandemic by describing requirements for care facility licensing and leadership, implementing standards of recordkeeping, creating protocols for emergencies and personal protective equipment, and establishes a hotline for complaints. Sunsets 6/30/2026. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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103	103	Report Title:
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105	105	Veterans homes; Long term care; Nursing facilities; COVID-19
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109	109	Description:
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111	111	Raises the standard of care for the State's veteran homes, long term care facilities and nursing homes in response to the COVID-19 pandemic by describing requirements for care facility licensing and leadership, implementing standards of recordkeeping, creating protocols for emergencies and personal protective equipment, and establishes a hotline for complaints. Sunsets 6/30/2026.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.