THE SENATE S.B. NO. 1379 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PENALTIES FOR UNLICENSED CARE HOMES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 1379
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
THE SENATE
S.B. NO.
1379
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PENALTIES FOR UNLICENSED CARE HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The department of health has conducted investigations on 221 alleged unlicensed care homes during the past 48 months and has closed 11 homes and assessed $2,489,800 in administrative penalties. Investigations on 89 unlicensed homes are underway or pending. Meanwhile, unlicensed care homes continue to operate and pose a danger to the public and to frail, elderly, and vulnerable populations. The purpose of this Act is to clarify the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license. Section 321-486.3, Hawaii Revised Statutes, causes confusion with section 321-20, Hawaii Revised Statutes, and causes confusion for the public. Section 321-20(1), Hawaii Revised Statutes, already contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day of violation whereas section 321-486.3, Hawaii Revised Statutes, limits the penalty from $100 for each day of uncertified or unlicensed operation for the first violation, up to $1,000 for each day of violation. Unlicensed care homes charge as much as $8,000 per month per client for multiple clients. A penalty under section 321-20(1), Hawaii Revised Statutes, of up to $1,000 per day regardless of the number of prior violations would be a better remedial penalty to prevent operators from financially benefiting from operating a care home without a license or certificate. SECTION 2. Section 321-486.3, Hawaii Revised Statutes, is repealed. ["[§321-486.3] Penalty. Any person who intentionally operates a care facility without a certificate of license shall be guilty of a misdemeanor and shall be fined no more than: (1) $100 for each day of uncertified or unlicensed operation for the first violation; (2) $500 for each day of uncertified or unlicensed operation for the second violation; and (3) $1,000 for each day of uncertified or unlicensed operation for the third and each succeeding violation."] SECTION 4. Statutory material to be repealed is bracketed and stricken. SECTION 5. This Act, upon its approval, shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ BY REQUEST
SECTION 1. The department of health has conducted investigations on 221 alleged unlicensed care homes during the past 48 months and has closed 11 homes and assessed $2,489,800 in administrative penalties. Investigations on 89 unlicensed homes are underway or pending. Meanwhile, unlicensed care homes continue to operate and pose a danger to the public and to frail, elderly, and vulnerable populations.
The purpose of this Act is to clarify the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license.
Section 321-486.3, Hawaii Revised Statutes, causes confusion with section 321-20, Hawaii Revised Statutes, and causes confusion for the public. Section 321-20(1), Hawaii Revised Statutes, already contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day of violation whereas section 321-486.3, Hawaii Revised Statutes, limits the penalty from $100 for each day of uncertified or unlicensed operation for the first violation, up to $1,000 for each day of violation. Unlicensed care homes charge as much as $8,000 per month per client for multiple clients. A penalty under section 321-20(1), Hawaii Revised Statutes, of up to $1,000 per day regardless of the number of prior violations would be a better remedial penalty to prevent operators from financially benefiting from operating a care home without a license or certificate.
SECTION 2. Section 321-486.3, Hawaii Revised Statutes, is repealed.
["[§321-486.3] Penalty. Any person who intentionally operates a care facility without a certificate of license shall be guilty of a misdemeanor and shall be fined no more than:
(1) $100 for each day of uncertified or unlicensed operation for the first violation;
(2) $500 for each day of uncertified or unlicensed operation for the second violation; and
(3) $1,000 for each day of uncertified or unlicensed operation for the third and each succeeding violation."]
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2023.
INTRODUCED BY: _____________________________
BY REQUEST
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title: Care Homes; Penalties Description: Clarifies the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Care Homes; Penalties
Description:
Clarifies the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.