Hawaii 2024 Regular Session

Hawaii Senate Bill SB168 Compare Versions

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

Old	New	Differences
1	1	THE SENATE S.B. NO. 168 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO STATE LICENSED CARE FACILITIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 168
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	168
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO STATE LICENSED CARE FACILITIES.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the State, through its department of health, has oversight responsibility for the care facilities that it licenses, including adult day care centers, developmentally disabled adult foster homes, and long-term care facilities. Decisions on placement of individuals in a care facility and assessments of the care that they receive are often made by family members of the individual. For these family members, access to current information on the pertinent care facilities is essential. The legislature further finds that information on the oversight of these facilities, such as whether the department is conducting inspections, has not been made readily available to the public. A recent example where such information and reporting were desperately needed is the Yukio Okutsu State Veterans Home in Hilo that experienced a devastating outbreak of the coronavirus disease 2019 in 2020, which ultimately resulted in the deaths of twenty-seven residents. Information on any department of health inspections of the facility in 2020 were not made readily available and questions remained unanswered as to how these fatalities could have been prevented. The purpose of this Act is to require the department of health to make available to the public, an easily understandable database-type list of all state-licensed care facilities containing information on their licenses and inspections. SECTION 2. Section 321-1.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§321‑1.8[]] Inspections; public notice. (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities: (1) Adult day health centers; (2) Adult day care centers; (3) Community care foster family homes; (4) Developmental disabilities domiciliary homes as defined in section 321‑15.9; (5) Developmentally disabled adult foster homes; (6) Long-term care facilities as defined in section 349‑21(f); and (7) Special treatment facilities as defined in section 334‑1. (b) Each report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information: (1) The date of the inspection; (2) A description of violations of relevant state laws or rules, if applicable; (3) Plans of correction and the status of corrective actions in response to any violations, if applicable; (4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and (5) Other information regarding the quality and conditions of the facility the department of health deems appropriate. (c) Each report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted. (d) In addition to the reports required by this section, the department of health shall post on its website a list of all state-licensed care facilities with the following information: (1) Type of care facility; (2) Date the facility was first licensed; (3) Date the facility's license was renewed or will be renewed; (4) Date the facility's license expires; (5) Date of the most recent inspection of the facility; (6) Hyperlink to the most recent inspection report; and (7) Any other information the department deems appropriate. The list shall be provided in a searchable and sortable format that is easily understandable by the public. The list shall be updated within five days of any change in its information." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the State, through its department of health, has oversight responsibility for the care facilities that it licenses, including adult day care centers, developmentally disabled adult foster homes, and long-term care facilities. Decisions on placement of individuals in a care facility and assessments of the care that they receive are often made by family members of the individual. For these family members, access to current information on the pertinent care facilities is essential.
50	50
51	51	The legislature further finds that information on the oversight of these facilities, such as whether the department is conducting inspections, has not been made readily available to the public. A recent example where such information and reporting were desperately needed is the Yukio Okutsu State Veterans Home in Hilo that experienced a devastating outbreak of the coronavirus disease 2019 in 2020, which ultimately resulted in the deaths of twenty-seven residents. Information on any department of health inspections of the facility in 2020 were not made readily available and questions remained unanswered as to how these fatalities could have been prevented.
52	52
53	53	The purpose of this Act is to require the department of health to make available to the public, an easily understandable database-type list of all state-licensed care facilities containing information on their licenses and inspections.
54	54
55	55	SECTION 2. Section 321-1.8, Hawaii Revised Statutes, is amended to read as follows:
56	56
57	57	"[[]§321‑1.8[]] Inspections; public notice. (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:
58	58
59	59	(1) Adult day health centers;
60	60
61	61	(2) Adult day care centers;
62	62
63	63	(3) Community care foster family homes;
64	64
65	65	(4) Developmental disabilities domiciliary homes as defined in section 321‑15.9;
66	66
67	67	(5) Developmentally disabled adult foster homes;
68	68
69	69	(6) Long-term care facilities as defined in section 349‑21(f); and
70	70
71	71	(7) Special treatment facilities as defined in section 334‑1.
72	72
73	73	(b) Each report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information:
74	74
75	75	(1) The date of the inspection;
76	76
77	77	(2) A description of violations of relevant state laws or rules, if applicable;
78	78
79	79	(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;
80	80
81	81	(4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and
82	82
83	83	(5) Other information regarding the quality and conditions of the facility the department of health deems appropriate.
84	84
85	85	(c) Each report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted.
86	86
87	87	(d) In addition to the reports required by this section, the department of health shall post on its website a list of all state-licensed care facilities with the following information: (1) Type of care facility;
88	88
89	89	(2) Date the facility was first licensed;
90	90
91	91	(3) Date the facility's license was renewed or will be renewed;
92	92
93	93	(4) Date the facility's license expires;
94	94
95	95	(5) Date of the most recent inspection of the facility;
96	96
97	97	(6) Hyperlink to the most recent inspection report; and
98	98
99	99	(7) Any other information the department deems appropriate.
100	100
101	101	The list shall be provided in a searchable and sortable format that is easily understandable by the public. The list shall be updated within five days of any change in its information."
102	102
103	103	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
104	104
105	105
106	106
107	107	SECTION 4. This Act shall take effect on July 1, 2023.
108	108
109	109
110	110
111	111	INTRODUCED BY: _____________________________
112	112
113	113	INTRODUCED BY:
114	114
115	115	_____________________________
116	116
117	117
118	118
119	119
120	120
121	121	Report Title: Department of Health; State-Licensed Care Facilities; Inspections; Public Notice; Website Posting Description: Requires the Department of Health to post on its website an easily understandable, searchable, and sortable list of all state-licensed care facilities including information on their licenses and inspections. Requires that the list be updated within five days of any change in its information. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
122	122
123	123
124	124
125	125
126	126
127	127	Report Title:
128	128
129	129	Department of Health; State-Licensed Care Facilities; Inspections; Public Notice; Website Posting
130	130
131	131
132	132
133	133	Description:
134	134
135	135	Requires the Department of Health to post on its website an easily understandable, searchable, and sortable list of all state-licensed care facilities including information on their licenses and inspections. Requires that the list be updated within five days of any change in its information.
136	136
137	137
138	138
139	139
140	140
141	141
142	142
143	143	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.