Bill Text: HI HB2502 | 2020 | Regular Session | Amended
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2020-07-08 - Received notice of disagreement (Hse. Com. No. 417). [HB2502 Detail]
Download: Hawaii-2020-HB2502-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2502 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1.
The State's experience with the COVID-19 pandemic demonstrates the need for
preparation, flexibility, and quick action in the face of ongoing or new risks
presented by outbreaks of communicable or dangerous diseases in the State or in
other parts of the world. The State has
learned from experience that a screening process for travelers is a key
component in the containment or mitigation of the spread of disease. This Act serves to enhance the tools
available to the State in its effort to contain or mitigate the spread of
communicable or dangerous diseases, to enable the use of these tools without a
governor's emergency proclamation, and to make the containment or mitigation
effort more efficient and flexible to protect the public health and safety.
This Act authorizes a screening process
applicable to travelers at any port of entry to the State whenever it is
determined by the director of health, upon consultation with and authorization from
the governor, to be necessary to prevent the spread of communicable or
dangerous diseases in order to protect the public health and safety, including
the health and safety of the traveling public, and to ensure a positive visitor
experience, which is critical to sustaining the State's tourism industry.
The screening may apply to any and all travelers,
including interisland, domestic, and international travelers, and it may apply
to both arrival and departure points within the State of Hawaii. Benefits include the determination of whether
quarantine or isolation is necessary for the well‑being of the public,
including travelers, travelers' household members, and traveling companions, as
well as the opportunity for timely treatment to prevent or lessen symptoms or
to shorten the duration of the disease.
To further enhance the effectiveness of the screening process, and from
experience, the legislature also finds that it is necessary to establish
penalties to address individuals who are uncooperative or seek to evade the
screening process. This screening
process will also authorize the department of health to take certain actions
upon completion of traveler screening, including testing, investigating,
monitoring, quarantining, and isolating travelers, as determined necessary by
the director of health, upon consultation with and authorization from the governor,
to protect the public health and safety.
This Act also amends existing law to work
more efficiently in conjunction with any emergency proclamation issued to
respond to the spread of a communicable or dangerous disease and allows the
director of health, upon consultation with and authorization from the governor,
to declare a public health emergency if there is, or there is a potential for,
an epidemic or serious outbreak of communicable or dangerous disease.
PART II
SECTION 2. Chapter 325, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
. DETECTION, PREVENTION, AND
CONTROL OF DISEASE TRANSMISSION
§325-A Director's authority to
declare public health emergency; consultation with governor; powers. ( a) Except when otherwise expressly addressed by
the governor or the Hawaii emergency management agency under chapter 127A, when
in the judgment of the director there is a potential for an epidemic or serious
outbreak of communicable or dangerous disease and after consultation with and authorization
from the governor, notwithstanding any other laws, the director may declare a
public health emergency by written declaration, which shall set forth the
reasons for the public health emergency, and exercise the following powers:
(1) Require health care provider reporting, screening, testing, contact tracing, quarantine, and isolation of persons deemed by the department to be infected, at higher risk of infection, or at risk for spreading infection;
(2) Require declarations from travelers of their
health status, travel history, and intended lodging or residence plans;
(3) Require first responders and part or all of
the public to implement safeguards designed to prevent infections, including
but not limited to physical distancing, temporary closure of schools, temporary
closure of businesses and operations, hygiene procedures, and wearing of
personal protective equipment;
(4) Release otherwise confidential information
if the director determines that the disclosure is necessary to protect the
public health, safety, and welfare from imminent harm; and
(5) Take any other action as deemed necessary by
the director to prevent, prepare for, respond to, mitigate, and recover from a
serious outbreak of communicable or dangerous disease.
(b)
Actions related to quarantine and isolation pursuant to this section shall not
be subject to the requirements of section 325-8(a).
(c) Every police officer or state law enforcement
officer and the Hawaii emergency management agency shall aid and assist
the department in the enforcement of a declaration of a public health
emergency.
(d) The
director's declaration of a public health emergency shall be posted on the
department's website and shall terminate automatically
ninety days after the declaration, unless earlier terminated or extended or
revoked by the governor or director in consultation with and authorization from
the governor. Any extension shall
terminate automatically after ninety days, unless further extended by the governor
or director in consultation with and authorization from the governor.
§325-B
Detection of communicable or dangerous diseases in travelers; screening,
investigating, monitoring, quarantining, isolating, data-sharing, and other
actions to protect the public health and safety. (a)
Whenever the director, after consultation with and authorization from the
governor, determines it is necessary to detect, prevent, prepare for, respond
to, mitigate, or recover from the transmission of communicable or dangerous
diseases by traveling members of the public, the department, by order of the
director, may:
(1) Screen interisland, domestic, or international travelers for evidence of communicable or dangerous diseases by using a screening method approved by the department;
(2) Investigate interisland, domestic, or international
travelers and persons in contact with those travelers, as determined by the
director to be necessary to detect, prevent, or control the transmission of a
communicable or dangerous disease;
(3) Review the health status of interisland,
domestic, or international travelers after their arrival, after consultation with
and authorization from the governor as determined by the department to be
necessary to detect, prevent, prepare for, respond to, mitigate, or recover
from the transmission of a communicable or dangerous disease;
(4) Quarantine interisland, domestic, or
international travelers after their arrival, after consultation with and authorization
from the governor as determined by the department to be necessary to detect,
prevent, prepare for, respond to, mitigate, or recover from the transmission of
a communicable or dangerous disease pursuant to section 325-8;
(5) Isolate interisland, domestic, or
international travelers after their arrival, after consultation with and authorization
from the governor as determined by the department to be necessary to detect,
prevent, prepare for, respond to, mitigate, or recover from the transmission of
a communicable or dangerous disease pursuant to section 325-8; and
(6) Enlist the services or collaboration of any
other federal, state, county, or private entity to assist with any of the
activities in this section.
(b) Travelers arriving in a Hawaii port of entry may be required to provide a completed State of Hawaii traveler questionnaire on a form, or in a manner, approved by the department. The failure to provide a completed State of Hawaii travel questionnaire as directed by the department shall be a violation of this section.
§325-C Communicable or
dangerous diseases, screening, treatment, and isolation. Upon entry to the State,
all persons may be required to submit to a screening for communicable or
dangerous diseases as deemed appropriate by the department. The diseases screened
for shall include those deemed a public health and safety risk by the department
at the time of the screening. If the department deems
it necessary for the public health, treatment, quarantine, and isolation may be
required, at the expense of the person entering the State.
§325-D
Administrative rules. (a) No
later than October 1, 2020, the department shall adopt rules, subject to the
approval of the governor, which shall be exempt from the requirements of
chapters 91 and 201M, to effectuate the purposes of this part.
(b)
The department may amend the rules, subject
to the approval of the governor, and the amendments shall be exempt from the
requirements of chapters 91 and 201M, to effectuate the purposes of this chapter.
(c) The department shall make the adoption, amendment,
or repeal of rules known to the public by:
(1) Giving public notice of the substance of the proposed rules at least once statewide; and
(2) Posting the full text of the proposed
rulemaking action on the Internet as provided pursuant to section 91-2.6.
§325-E Environmental impact statements not required. No action taken by the department to implement this part shall be subject to chapter 343.
§325-F Procurement exemption. Contracts for the purchase of goods and services to effectuate
the purposes of this part shall be exempt from chapters 103D and 103F.
§325-G Travelers screening special fund. (a) There
is established in the state treasury the travelers screening special fund that
shall be administered by the department, into which shall be deposited:
(1) Fines
collected as penalties pursuant to section 325‑H;
(2) Appropriations
made by the legislature to the fund;
(3) All
moneys received by the fund from any other source; and
(4) Interest
earned on any moneys in the fund.
(b) Moneys in the travelers screening special fund shall be used for the purposes set forth in sections 325-B and 325‑C regarding the detection of communicable or dangerous diseases in travelers, and related screening, investigating, monitoring, quarantining, isolating, data-sharing, other related actions, and the related costs of operating the fund.
§325-H Penalties. Any person who violates any provision of
this part or who violates any rule adopted pursuant to
this part
shall be guilty of a misdemeanor and fined not more than $5,000. All fines shall be deposited into the travelers
screening special fund."
PART III
SECTION 3. Chapter 325, Hawaii Revised Statutes, is amended by adding four new sections to part I to be appropriately designated and to read as follows:
"§325-I Definitions.
As used in this chapter:
"Communicable disease"
means an
illness caused by a specific infectious agent or its toxic products that arises
through transmission of that agent or its products from an infected person or
animal or a reservoir to a susceptible host, either directly or indirectly
through an intermediate animal host, vector, or the inanimate environment. "Communicable disease" includes "infectious
disease" and any disease declared to be "communicable" by the director.
"Dangerous disease" means any
illness or health condition that might pose a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term disability.
"Department" means the
department of health.
"Director" means the director
of health.
"Epidemic" means the occurrence
of cases of an illness clearly in excess of normal expectancy, as determined by
the director.
"Health
care facility" means a health care facility as defined in section 323D-2.
"Health
care provider" means an individual or entity licensed, certified, or otherwise
authorized or permitted by law to provide health care, testing, or testing
results, in the ordinary course of the individual's or entity's business or
profession.
"Infectious
disease" means
a disease that spreads from person to
person, directly or indirectly, and poses a significant public health risk.
"Isolation" means the physical
separation, including the restriction of movement or confinement, of
individuals or groups confirmed by the department to have been infected with a
communicable or dangerous disease, from individuals who are believed not to
have been exposed or infected, as ordered by the director, the governor, or a
court of competent jurisdiction.
Conditions of isolation may be more restrictive than as for quarantine.
"Screening" means a diagnostic tool administered to
detect the presence of a communicable or dangerous disease in an individual and
may include the measuring of a person's temperature. "Screening" also includes the
administration of one or more questionnaires used to conduct surveillance of disease
activity or to determine to whom a test or diagnostic tool is to be
administered.
§325-J Right to contest. (a) An individual subject to quarantine or isolation
pursuant to this chapter may request a hearing in the courts of this State to
contest the order of quarantine or isolation, the individual's treatment, or
the terms and conditions of the quarantine or isolation. The request shall be in writing and shall be
filed as a civil proceeding with the circuit court in the circuit in which the
individual is quarantined or isolated.
Upon receiving a request, the court shall fix a date for a hearing. The hearing shall take place within seven calendar
days of the filing of the request with the court. The request for a hearing shall not alter or
stay the order of quarantine or isolation.
The department shall be notified of the request for a hearing at least
seven days before the hearing by the individual requesting the hearing. If, after a hearing, the court finds that the
quarantine or isolation of the individual is not in compliance with this chapter,
the court may fashion remedies reasonable under the circumstances and
consistent with this chapter.
(b)
Judicial decisions pursuant to this chapter
with respect to whether an individual should be quarantined or isolated shall
be based upon clear and convincing evidence; provided that in hearings to
contest the individual's treatment or the terms or conditions of the quarantine
or isolation, judicial decisions shall be based upon a preponderance of the
evidence. A written record of the
disposition of the case shall be made and retained. If the personal appearance before the court
of a quarantined or isolated individual is determined by the director to pose a
threat to individuals at the proceeding and the quarantined or isolated
individual does not waive the right to attend the proceeding, the court shall
appoint a guardian ad litem to represent the quarantined or isolated individual
throughout the proceeding or shall hold the hearing via any means that allow
all parties to participate as fully and safely as is reasonable under the
circumstances.
(c)
Upon written request, the court, in its
discretion, may appoint counsel to represent individuals or groups of
individuals who are or who are about to be quarantined or isolated pursuant to
this chapter and who are not otherwise represented by counsel. Adequate means of communication between those
individuals or groups and their counsel or their guardian ad litem shall be
provided by the department if adequate means of communication is not otherwise available
to them.
(d)
In any proceeding brought pursuant to
this section, in consideration of the protection of the public's health, the
severity of the emergency, and the availability of necessary witnesses and
evidence, the court may order the consolidation of claims when:
(1) The number of
individuals involved or to be affected by an order of quarantine or isolation
is so large as to render individual participation impractical;
(2) There are questions of law or fact common
to the individual claims or rights to be determined;
(3) The group claims or rights to be determined
are typical of the affected individuals' claims or rights; and
(4) The entire group will be adequately
represented in the consolidation.
§325-K Collection, receipt, and use of information;
disclosure; confidentiality of information. (a) Notwithstanding any other law to the contrary,
the department, other governmental agencies, or private entities under contract
with the department, who act pursuant to this section, may collect, receive, and
use information for the purposes of detecting, preventing, preparing for,
responding to, mitigating, or recovering from the transmission of communicable
or dangerous diseases. Collection,
receipt, and use of the information may include the sharing of the information
between or among the department, other governmental agencies, and private entities
under contract with the department. Collection, receipt, and use shall
not include disclosure of the information to other departments, entities, or individuals
except as provided in subsection (b).
(b) The information to be collected, received, and used pursuant to this section may be disclosed by the department to the public only as necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, including the transmission of communicable or dangerous diseases to others.
(c) All information collected, received, or used,
pursuant to this section shall be confidential and shall not be used or
disclosed except as allowed by this section or as required by law. Any governmental agency or private entity that
collects, receives, or uses information pursuant to this section shall be
subject to the same restrictions on collection, receipt, and use of that information
as the department.
§325-L Construction and severability. (a) This chapter shall be liberally construed to
effectuate its purposes; provided that this chapter shall not be construed as conferring
any power or permitting any action that is inconsistent with the Constitution
and laws of the United States, but, in so construing this chapter, due consideration
shall be given to the circumstances as they exist from time to time.
(b) If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter."
PART IV
SECTION 4. Section 325-2.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§325-2.5[]] Health care-associated infection reporting. (a) Each health care facility in the State that is
certified by the Centers for Medicare and Medicaid Services shall report
information about health care-associated infections to the Centers for Disease
Control and Prevention's national healthcare safety network, as specified in
the rules of the Centers for Medicare and Medicaid Services.
(b) Health care facilities subject to this section shall authorize the Centers for Disease Control and Prevention to allow the department to access health care-associated infection data reported by those health care facilities to the national healthcare safety network.
(c) The department may adopt rules pursuant to chapter 91 to require that health care-associated infections that are multidrug-resistant be reported to the department through the national healthcare safety network. The rules shall specify which health care facilities are required to report those health care-associated infections that are multidrug-resistant through the national healthcare safety network, as well as the patient populations that are to be targeted in the reports. The first year of reporting required under this subsection shall be a pilot test of the reporting system and shall not be reported or disclosed to the public.
(d) The department shall preserve patient confidentiality and shall not disclose to the public any patient-level data obtained from any health care facility.
(e) The department may issue reports to the public regarding health care-associated infections in aggregate data form to protect individual patient identity. The reports may identify individual health care facilities. The reports shall use the methodology or any part of the methodology developed by the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services for national reporting of health care-associated infections.
(f) Health care-associated infection information held by the department as a result of reporting under this section is not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided that health care-associated infection information otherwise available from other sources is not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information was reported as required by this section.
(g)
Beginning on June 30, 2013, and no later than June 30 of each year[,]
thereafter, the department shall prepare a public report, in accordance with
this section, containing information pertaining to health care-associated
infections in the State for the previous calendar year.
[(h) For the purposes of this section:
"Department" means the
department of health.
"Health care facility"
means the same as in section 323D‑2.]"
SECTION 5. Section 325-8, Hawaii Revised Statutes, is amended to read as follows:
"§325-8 Infected persons and
quarantine. (a) [As used in this section:
"Communicable disease"
means any disease declared to be "communicable" by the director of
health.
"Dangerous disease" means
a disease as defined in section 325-20.
"Quarantine" means the
compulsory physical separation, including the restriction of movement or
confinement of individuals or groups believed to have been exposed to or known
to have been infected with a contagious disease, from individuals who are
believed not to have been exposed or infected, by order of the department or a
court of competent jurisdiction.] By order of
the director, the department may quarantine or
isolate an individual if:
(1) Any
delay in the quarantine or isolation of the individual would pose an immediate
threat to the public health;
(2) The individual is reasonably believed by the
department, based on its health guidance, to have been exposed to or known to
have been infected with a communicable or dangerous disease; and
(3) A quarantine or isolation is the least restrictive
means by which the public's health, safety, and welfare can be protected, due
to the transmittable nature of the communicable or dangerous disease and the
lack of preventive measures, or due to the failure by the individual
quarantined or isolated to accept or practice less restrictive measures to prevent
disease transmission.
(b)
In implementing a quarantine[,] or isolation, the dignity
of the individual quarantined or isolated shall be respected at all
times and to the greatest extent possible, consistent with the objective of
preventing or limiting the transmission of the disease to others. The needs of individuals quarantined or isolated
shall be addressed in as systematic and competent a fashion as is reasonable
under the circumstances. To the greatest
extent possible, the premises in which individuals are quarantined or isolated
shall be maintained in a safe and hygienic manner, designed to minimize the
likelihood of further transmission of infection or other harm to individuals subject
to quarantine[. Adequate] or
isolation; provided that, if an individual is
quarantined or isolated in the individual's own home or in a rented premises,
the individual shall be responsible for maintaining the premises in a safe and
hygienic manner. Access to adequate
food, clothing, medication, and other necessities, access to counsel, means of
communication with [those in and outside these settings,] others,
and [competent] appropriate medical care shall [be provided]
not be denied to the person quarantined[.] or isolated; provided
that the access shall be at that person's expense.
To the greatest extent possible, cultural and religious beliefs shall be considered in addressing the needs of quarantined or isolated individuals. The department may establish and maintain places of quarantine and isolation and quarantine or isolate any individual by the least restrictive means necessary to protect the public health.
The department shall take all reasonable means to prevent the transmission of infection between or among quarantined or isolated individuals. The quarantine or isolation of any individual shall be terminated when the director determines that the quarantine or isolation of that individual is no longer necessary to protect the public health.
(c) An individual subject to quarantine or isolation shall obey the department's rules and orders, shall not go beyond the quarantined or isolated premises, and shall not put the individual's self in contact with any individual not subject to quarantine or isolation other than a physician, health care provider, or individual authorized to enter a quarantined or isolated premises by the department. Violation of any of the provisions of this subsection is a misdemeanor.
(d)
No individual, other than an individual authorized by the department,
shall enter a quarantined or isolated premises. Any individual entering a quarantined or isolated
premises without permission of the department shall be guilty of a
misdemeanor. If, by reason of an
unauthorized entry into a quarantined or isolated premises, the
individual poses a danger to public health, the individual may be subject to [the]
quarantine or isolation pursuant to this section.
[(e) Before quarantining an individual, the
department shall obtain a written, ex parte order
from a court of this State authorizing such action. A petition for an ex parte
order shall be filed with the circuit court of the circuit in which the
individual resides, is suspected of residing, or is quarantined under
subsection (f). Proceedings on or
related to a petition for an ex parte order shall be
a civil action. The court shall grant an
ex parte order upon finding that probable cause
exists to believe a quarantine is warranted pursuant to this section. A copy of the ex parte
order shall be given to the individual quarantined, along with notification
that the individual has a right to a hearing under this section.
(f) Notwithstanding subsection (e), the
department may quarantine an individual without first obtaining a written, ex parte order from the court if any delay in the quarantine of
the individual would pose an immediate threat to the public health. Following such a quarantine, the department
shall promptly obtain a written, ex parte order from
the court authorizing the quarantine.
(g) An individual quarantined pursuant to subsection
(e) or (f) shall have the right to a court hearing to contest the ex parte order. If the
individual, the individual's guardian ad litem, or the individual's counsel
requests a hearing, the hearing shall be held within fourteen days of filing of
the request. The request shall be in
writing and shall be filed with the circuit court in the circuit in which the
individual is quarantined. A request for
a hearing shall not alter or stay the quarantine of the individual. The department shall be notified of the request
for a hearing at least ten days before the hearing. At the hearing, the department shall show
that the quarantine is warranted pursuant to this section. If, after hearing all relevant evidence, the
court finds that the criteria for quarantine under subsection (i) have been met by clear and convincing evidence, the court
shall authorize the continued quarantine of the individual.
(h) On or after thirty days following the
issuance of an ex parte order or a hearing as provided
for in this section, an individual quarantined pursuant to this section may
request in writing a court hearing to contest the continued quarantine. The hearing shall be held within fourteen
days of the filing of the request. The
request shall be in writing and shall be filed with the circuit court for the
circuit in which the individual is quarantined.
A request for a hearing shall not alter or stay the order of
quarantine. The department shall be
notified of the request for a hearing at least ten days before the hearing. At the hearing, the department shall show
that continuation of the quarantine is warranted pursuant to this section. If, after hearing all relevant evidence, the
court finds that the criteria for the quarantine under subsection (i) have been met by clear and convincing evidence, the
court shall authorize the continued quarantine of the individual.
(i) A court may order an individual to be
quarantined if the court finds that:
(1) The individual
is reasonably believed to have been exposed to or known to have been infected
with a communicable or dangerous disease; and
(2) A quarantine is
the least restrictive means by which the public's health, safety, and welfare
can be protected, due to the transmittable nature of the communicable or dangerous
disease and the lack of preventive measures, or due to the failure by the individual
quarantined to accept or practice less restrictive measures to prevent disease
transmission.
(j) An individual quarantined pursuant to this
section may request a hearing in the courts of this State regarding the
individual's treatment and the terms and conditions of the quarantine. Upon receiving a request, the court shall fix
a date for a hearing. The hearing shall
take place within fourteen days of the filing of the request with the court. The request for a hearing shall not alter or
stay the order of quarantine. The
department shall be notified of the request for a hearing at least ten days
before the hearing. If, upon a hearing,
the court finds that the quarantine of the individual is not in compliance with
subsection (b), the court may fashion remedies reasonable under the
circumstances and consistent with this chapter.
(k) Judicial decisions shall be based upon clear
and convincing evidence, and a written record of the disposition of the case
shall be made and retained. If the personal
appearance before the court of a quarantined individual is determined by the
director to pose a threat to individuals at the proceeding and the quarantined
individual does not waive the right to attend the proceeding, the court shall
appoint a guardian ad litem as provided in article V of chapter 560, to
represent the quarantined individual throughout the proceeding or shall hold the
hearing via any means that allow all parties to participate as fully and safely
as is reasonable under the circumstances.
(l) Upon written request, the court shall appoint
counsel at state expense to represent individuals or groups of individuals who
are or who are about to be quarantined pursuant to this section and who are not
otherwise represented by counsel.
Adequate means of communication between those individuals or groups and
their counsel and guardians ad litem shall be provided.
(m) In any proceeding brought pursuant to this
section, in consideration of the protection of the public's health, the
severity of the emergency, and the availability of necessary witnesses and
evidence, the court may order the consolidation of claims by individuals
involved or to be affected by a quarantine where:
(1) The number of
individuals involved or to be affected by a quarantine is so large as to render
individual participation impractical;
(2) There are
questions of law or fact common to the individual claims or rights to be determined;
(3) The group claims
or rights to be determined are typical of the affected individuals' claims or rights;
and
(4) The entire
group will be adequately represented in the consolidation.
(n)] (e) Each individual quarantined or isolated
shall be responsible for the costs of food, lodging, and medical care, except
for those costs covered and paid by the individual's health plan.
(f) By order of the director, the department, after
consultation with and authorization from the governor, may inspect, quarantine,
or isolate persons, properties, places, cities, or counties, and take measures
as are necessary to ascertain the nature of the disease and prevent its spread
whenever in the department's judgment the action is necessary to protect or
preserve the public health."
SECTION 6. Section 325-20, Hawaii Revised Statutes, is amended to read as follows:
"[[]§325-20[]]
Agreements; collaborative assistance in control of disease outbreaks. (a)
The director may enter into agreements for collaborative assistance with
licensed health care facilities and health care providers in the State to
control an epidemic of a dangerous disease[, which] that requires
more physical facilities, materials, or personnel than the department has
available.
[(b) Whenever used in this section, unless a
different meaning clearly appears from the context:
"Dangerous disease"
means any illness or health condition that might pose a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term disability.
"Department" means the
department of health.
"Director" means the director
of health.
"Epidemic" means the
occurrence of cases of an illness clearly in excess of normal expectancy, as
determined by the director.
"Health care facility"
means a facility as defined in section 323D-2.
"Health care provider"
means a provider as defined in section 323D-2.
(c)] (b) Under collaborative agreements, health care
facilities or health care providers shall provide prophylactic and treatment
services for the epidemic disease in collaboration with and under the general
direction of the department and shall seek reimbursement from the individuals
who receive medical care, the parties responsible for their care, or their
health plans. Persons having health plan
benefits shall be responsible for any copayments to the facilities or health
care providers.
[(d)] (c) The agreements may provide that the
department shall use reasonable efforts to seek legislative appropriations to
reimburse health care facilities and health care providers for the use of
physical facilities, professional services, and materials provided to persons
without health plan coverage.
[(e)] (d) Except in cases of wilful misconduct, the
following persons shall not be liable for the death of or injury to any person
who is provided care pursuant to this section or for damage to property when
resulting from any act or omission in the performance of [such] those
services:
(1) The State or any political subdivision;
(2) A health care facility or health care provider acting at the direction of the department under an agreement as provided in this section; and
(3) Persons engaged in
disease prevention and control functions pursuant to this section or sections
325-8 and 325-9, including volunteers whose services are accepted by any
authorized person."
PART V
SECTION 7. Section 706-643, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) All fines and other final payments received by
a clerk or other officer of a court shall be accounted for, with the names of persons
making payment, and the amount and date thereof, being recorded. All [such] funds shall be deposited
with the director of finance to the credit of the general fund of the
State. With respect to fines and bail
forfeitures that are proceeds of the wildlife revolving fund under section
183D-10.5, [and] fines that are proceeds of the compliance resolution
fund under sections 26-9(o) and 431:2-410, and fines that are proceeds of the
travelers screening special fund under sections 325-G and 325-H, the
director of finance shall transmit the fines and forfeitures to the respective
funds."
PART VI
SECTION 8. Of the amount appropriated by section 37 of Senate Bill No. 126, S.D. 1, H.D. 1, C.D. 1, to the office of the governor to be used for eligible programs pursuant to Public Law 116-136 and associated guidance issued by appropriate federal agencies, the sum of $5,200,000 or so much thereof as may be necessary for fiscal year 2020-2021 shall be used for purposes of health assurance for the period from July 1, 2020, to December 28, 2020.
SECTION 9. Of the amount appropriated by section 37 of Senate Bill No. 126, S.D. 1, H.D. 1, C.D. 1, to the office of the governor to be used for eligible programs pursuant to Public Law 116-136 and associated guidance issued by appropriate federal agencies, the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2020-2021 shall be used to provide grants for the period from July 1, 2020, to December 28, 2020, for hotels to provide coronavirus disease 2019, or COVID-19, testing for hotel employees; provided that:
(1) The amount of each grant shall be determined by the Hawaii tourism authority; provided that no hotel shall receive more than $250,000; and
(2) To qualify for a subsidy under this section, a hotel shall:
(A) Test all of its employees for COVID-19 on a regular basis;
(B) Sustain daily guest room cleaning; and
(C) Have established safety protocols that have been approved by the department of health.
SECTION 10. Notwithstanding any other law to the contrary, beginning January 1, 2021, of the revenues collected by the transient accommodations tax pursuant to chapter 237D, Hawaii Revised Statutes, the sum of $18,000,000 or so much thereof as may be necessary for fiscal year 2020-2021 shall be allocated to the travelers screening special fund established pursuant to section 325-G, Hawaii Revised Statutes; provided that upon the commencement of allocations to the fund on January 1, 2021, this allocation shall have a higher priority than any allocation specified in section 237D-6.5(b), Hawaii Revised Statutes.
SECTION 11. There is appropriated out of the travelers screening special fund the sum of $18,000,000 or so much thereof as may be necessary for fiscal year 2020-2021 to be used for purposes of health assurance for the period from January 1, 2021, to June 30, 2021; provided that the amount appropriated shall be expended notwithstanding the requirements of section 325-G(b), Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
PART VII
SECTION 12. In printing this Act, the revisor of statutes shall
substitute in sections 8 and 9 the corresponding act numbers for bills identified
herein.
SECTION 13. In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2020; provided that:
(1) Section 325-J, Hawaii Revised Statutes, in section 3 of this Act shall be repealed on June 30, 2022; and
(2) The amendments made to section 325-8(e) to (n), Hawaii Revised Statutes, in section 5 of this Act shall be repealed on June 30, 2022, and section 325-8(e) to (n), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
Department of Health; Communicable or Dangerous Diseases; Screening; Monitoring; Penalties; Quarantine; Isolation; COVID-19 Testing; Grants for Hotels; Appropriation
Description:
Authorizes the Director of Health, upon consultation with and authorization from the Governor, to screen, test, and monitor travelers. Provides for penalties for noncompliance. Amends and adds definitions and procedural and administrative provisions in chapter 325, Hawaii Revised Statutes. Allocates funds appropriated to the Governor by Senate Bill No. 126, S.D. 1, H.D. 1, C.D. 1, to be used for health assurance and grants for hotels to conduct COVID-19 testing for employees. Establishes a travelers screening special fund. Allocates funds from the transient accommodations tax to the travelers screening special fund for a portion of fiscal year 2020-2021. Sunsets certain provisions on 6/30/2022.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
