| 47 | | - | SECTION 1. The legislature finds that the department of health has conducted investigations on two hundred twenty-one alleged unlicensed care homes during the past forty-eight months and has closed eleven homes and assessed $2,489,800 in administrative penalties. Investigations on eighty-nine 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. Section 321-486.3, Hawaii Revised Statutes, and section 321-20, Hawaii Revised Statutes, cause confusion with regard to penalties. Section 321-20(1), Hawaii Revised Statutes, contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day a violation of chapter 321, Hawaii Revised Statutes, occurs. Operating a care facility without a certificate or license is a violation of chapter 321, Hawaii Revised Statutes, and thus would be punishable by section 321-20, Hawaii Revised Statutes. However, section 321-486.3, Hawaii Revised Statutes, contains a separate penalty for operating a care facility without a certificate or license that is limited to $100 for each day of uncertified or unlicensed operation for the first violation, and up to $1,000 for each day of a subsequent 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. 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 by repealing section 321-486.3, Hawaii Revised Statutes. 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 Section 321-486.3, Hawaii Revised Statutes, is repealed.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 3. Statutory material to be repealed is bracketed and stricken. SECTION 4. This Act shall take effect on July 1, 2050. |
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| 47 | + | 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 |
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