STAND. COM. REP. NO. 3109

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.R. No. 38
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.R. No. 38 entitled:

     "SENATE RESOLUTION URGING THE DEPARTMENT OF HEALTH TO TRAIN
     AND CONSULT WITH OPERATORS AND STAFF OF ADULT RESIDENTIAL
     CARE HOME OPERATORS, AT THE TIME OF LICENSING AND
     PERIODICALLY THEREAFTER, REGARDING THEIR DUTIES AND
     RESPONSIBILITIES FOR THEIR RESIDENTS,"

begs leave to report as follows:

     The purpose of this measure is to urge the Department of
Health (DOH) to train and consult with operators and staff of
adult residential care facilities (ARCH), at the time of
licensure and periodically thereafter, regarding their duties and
responsibilities to their residents.

     Your Committee received testimony in support of this measure
from the DOH and United Care Home Operators.

     This measure is prompted, in part, by the two recent
incidences at ARCHs.  One incident involved a resident assaulting
another resident and the other incident involved a death from
neglect of a resident.  ARCH operators should be made fully aware
of the risk of civil liability and criminal culpability, and
understand the potential for litigation if they neglect the
duties they fully undertake by becoming ARCH operators.

     Your Committee has amended this measure by:


 
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                                   STAND. COM. REP. NO. 3109
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     (1)  Adding the assistance to the DOH of the Attorney
          General in doing the training, making a technical
          amendment in the title, and adding the Attorney General
          as a recipient of the measure;

     (2)  Adding a WHEREAS clause to express concerns of ARCH
          operators about administrative rules; and

     (3)  Adding a RESOLVED clause to request the DOH to amend
          its administrative rules to address the concerns of
          ARCH operators, and changing the title accordingly.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee concurs with the intent and purpose of
S.R. No. 38, as amended herein, and recommends that it be
referred to the Committee on Ways and Means, in the form attached
hereto as S.R. No. 38, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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