THE SENATE S.B. NO. 1379 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 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 S.D. 1
STATE OF HAWAII
THE SENATE
S.B. NO.
1379
THIRTY-SECOND LEGISLATURE, 2023
S.D. 1
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 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 Section 321-486.3, Hawaii Revised Statutes, is repealed.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.
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.
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. Effective 7/1/2050. (SD1) 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. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.