Report Title:

Hawaii Health Systems Corporation; Direct Patient Care Services

 

Description:

Requires specific actions to be taken before any planned substantial reduction or elimination of direct patient care services at a facility of the Hawaii health systems corporation can be implemented.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

701

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the hawaii health systems corporation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature created the Hawaii health systems corporation through Act 262, Session Laws of Hawaii 1996. This was done for the purpose of providing quality and cost effective health care for all the people in the State served by the publicly owned and operated community hospital facilities. One of the primary cornerstones of this landmark legislation was the intent to free these facilities from burdensome, redundant, and restrictive bureaucratic procedures. The legislative intent, and the Hawaii health systems corporation goal, of providing quality health care services while seeking to reduce the need for general fund subsidy, is hindered by limitations placed on the corporation's authority to appropriately adjust the levels of patient care services in a timely manner based on need and availability of resources at its facilities.

     The purpose of this Act is to allow the Hawaii health

systems corporation the flexibility to appropriately adjust the levels of patient care services to be provided at its facilities, in order to better meet the legislative intent and the corporation's goals to enhance its operational efficiency and to serve as a quality focused, integrated health care system for the people of Hawaii.

     SECTION 2.  Section 323F-31, Hawaii Revised Statutes, is amended to read as follows:

     "§323F-31  Maintenance of services.  (a)  [The corporation and each regional system board shall notify the legislature of any planned substantial reduction or elimination of direct patient care services.] No planned substantial reduction or elimination of direct patient care services at a facility shall be undertaken unless all of the following requirements are met in the sequence indicated:

     (1)  The plan of the facility to substantially reduce or eliminate any direct patient care services shall be first presented to the community in which the facility is located, at a community informational meeting, in order to obtain community support of the plan.  The facility may proceed under paragraph (2) after completion of the community informational meeting;

     (2)  Subsequent to the community informational meeting under paragraph (1), the facility may present its plan to the regional system board for its approval.  If the regional system board approves the plan, the facility may proceed under paragraph (3); and

     (3)  The plan as approved by the regional system board may be submitted to the corporation board for ratification.  The facility shall not proceed with the implementation of the plan prior to ratification by the corporation board.

     (b)  [No substantial reduction or elimination of direct patient care services at any facility shall be undertaken by the corporation without the approval of the legislature.] Two weeks prior to implementing the plan under subsection (a), the regional system board approving the plan shall give notice of implementation of the plan to the president of the senate, the speaker of the house of representatives, and the governor.

     (c)  [The legislature shall maintain review and oversight authority over the provision of direct patient care services provided at each facility and may intervene to counter or restrict any substantial reduction or elimination of patient care services.] The decision of the regional system board as ratified by the corporation board shall be the final decision with respect to the plan.  Implementation of the plan shall commence unless, and shall continue until, legislation is enacted to require the reinstatement and continuation of the direct patient care services that are subject to the reduction or elimination under the plan; provided that no legislation shall be enacted unless additional moneys are appropriated to sufficiently fund a mandated reinstatement and continuation of the direct patient care services."

     SECTION 2.  All acts passed during this regular session of 2009, whether enacted before or after the passage of this Act, shall be amended to conform to this Act unless these acts specifically provide that this Act is being amended.  In so far as this Act is inconsistent with any other law, this Act shall control.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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