Bill Text: HI SB789 | 2011 | Regular Session | Introduced
Bill Title: Home Health Agencies; Licensing; DOH
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Introduced - Dead) 2011-02-16 - (S) The committee on HTH deferred the measure. [SB789 Detail]
Download: Hawaii-2011-SB789-Introduced.html
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THE SENATE |
S.B. NO. |
789 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to home health agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The department of health currently licenses home health agencies, but it is using a definition for "home health agency" that is overly restrictive. As a result, some agencies that are providing home health services are not licensed.
"Home health agency" is generally defined as an organization that provides medical care by nurses and other licensed professionals under a physician's direction to people in their own homes. It is differentiated from "home care agency", which provides non-medical care by unlicensed personnel under the direction of the client to people in their own homes. Home care includes assistance with bathing, preparing meals, and transportation.
The department of health is preparing to license home care agencies pursuant to Act 21, First Special Session Laws of Hawaii 2009, which requires home care agencies to be licensed.
Section 321-11, Hawaii Revised Statutes, authorizes the department of health to license home health agencies, and the department has adopted rules for that purpose. Chapter 97 of Title 11, Hawaii Administrative Rules, defines "home health agency" for the purpose of licensing. According to that definition, a home health agency is one that provides "skilled nursing services and other therapeutic services". The department of health has interpreted that definition to mean that a home health agency provides both skilled nursing services and other therapeutic services. An agency that provides only skilled nursing services or only other therapeutic services is not deemed to be a home health agency subject to licensing by the department. This interpretation puts the public in jeopardy, since there are unlicensed agencies that are providing health care.
The purpose of this Act is to statutorily establish an accurate and meaningful definition of "home health agency" and to require the department of health to license these agencies so that all agencies that provide skilled nursing services or other therapeutic services, or both, are licensed.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321‑ Home health agencies; licensing. (a) All home health agencies shall be licensed by the department to ensure the health, safety, and welfare of clients.
(b) The department shall adopt rules in accordance with chapter 91 that shall:
(1) Protect the health, safety, and civil rights of clients of home health agencies; and
(2) Provide for the licensure of home health agencies.
(c) For purposes of this section:
"Home health agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization that is engaged in providing skilled nursing services, other therapeutic services, or both under a physician's direction to clients in the client's residence. "Home health agency" does not apply to an individual, even when the individual is incorporated as a business, or an unpaid or stipended volunteer."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Home Health Agencies; Licensing; DOH
Description:
Defines "home health agency" to include an agency or organization that provides either skilled nursing services or other therapeutic services, or both, to ensure that these organizations are properly licensed.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
