Bill Text: HI HB1429 | 2013 | Regular Session | Introduced
Bill Title: Community-Based Care Facilities
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-02-12 - The committee(s) on HUS/HLT recommend(s) that the measure be deferred. [HB1429 Detail]
Download: Hawaii-2013-HB1429-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1429 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that it is imperative that the State facilitate the placement of individuals with disabilities into community-based settings that can provide for their care, rather than into institutions. Since the United States Supreme Court decision in Olmstead v. LC, 527 U.S. 581 (1999), the nationwide trend has been to deinstitutionalize individuals and attempt to provide for their care in community-based settings.
One obstacle that health care professionals and social workers face in their efforts to discharge patients from facilities, or to otherwise locate suitable community placements, is the lack of a central inventory of the facilities that have vacancies at any given time. This creates a very labor intensive process that requires numerous telephone calls to ascertain whether a facility has a vacancy.
A central database or clearinghouse with an up-to-date list of vacancies at community-based facilities would streamline and expedite the placement process.
The legislature further finds that although most adult care facilities will be regulated by the department of health by July 1, 2014, currently, some facilities are regulated by the department of health and others are regulated by the department of human services. Further, current reporting requirements are inconsistent. Some types of facilities already are required to report vacancies to their respective regulatory agency, whereas others are not.
The purpose of this Act is to direct the departments of health and human services to maintain an inventory of all community-based care facilities licensed or certified under their respective jurisdictions and to maintain an up-to-date inventory of all vacancies within these facilities.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321‑ Community-based care facilities. The department shall maintain an inventory of all skilled nursing facilities, intermediate care facilities, assisted living facilities, developmental disabilities domiciliary homes, special treatment facilities, therapeutic living programs, adult residential care homes, and adult independent group residences licensed or certified under this chapter. The department shall maintain a current list of all vacancies in these facilities in order to facilitate the placement of individuals therein. All skilled nursing facilities, intermediate care facilities, assisted living facilities, developmental disabilities domiciliary homes, special treatment facilities, therapeutic living programs, adult residential care homes, and independent group residences licensed or certified under this chapter shall report vacancy information to the department on a regular basis."
SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321‑ Community care foster family homes; reporting. The department shall maintain an inventory of all community care foster family homes certified under this chapter and shall maintain a current list of vacancies in these facilities in order to facilitate the placement of individuals therein. All community care foster family homes certified under this chapter shall report vacancy information to the department on a regular basis."
SECTION 4. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§346‑ Community care foster family homes; reporting. The department shall maintain an inventory of all community care foster family homes certified under this chapter and shall maintain a current list of vacancies in these facilities in order to facilitate the placement of individuals therein. All community care foster family homes certified under this chapter shall report vacancy information to the department on a regular basis."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2014; provided further that section 4 shall be repealed on July 1, 2014.
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INTRODUCED BY: |
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Report Title:
Community-Based Care Facilities
Description:
Directs the Departments of Health and Human Services to maintain an inventory of all community-based care facilities licensed or certified under their jurisdiction and their vacancies to facilitate the placement of individuals in community-based facilities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
