Adult Residential Care Homes

Requires prior notice to ARCH operators of annual inspections.
(HB551 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 321-15.6, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "321-15.6  Adult residential care homes; licensing.(a)
 4 All adult residential care homes shall be licensed to ensure the
 5 health, safety, and welfare of the individuals placed therein.
 6      (b)  The director shall adopt and enforce rules regarding
 7 adult residential care homes in accordance with chapter 91
 8 [which] that shall be designed to:
 9      (1)  Protect the health, safety, and civil rights of persons
10           residing in facilities regulated;
11      (2)  Provide for the licensing of adult residential care
12           homes; provided that the rules shall allow group living
13           in two categories of adult residential care homes as
14           licensed by the department of health:
15           (A)  Type I allowing group living by five or fewer
16                unrelated persons; and
17           (B)  Type II allowing six or more persons including but
18                not limited to the mentally ill, elders, the
19                handicapped, the developmentally disabled, or

Page 2                                                     551
                                     H.B. NO.           H.D. 1

 1                totally disabled persons who are not related to
 2                the home operator or facility staff.
 3           For purposes of this section:
 4                "Developmentally disabled person" means a person
 5           with developmental disabilities as defined under
 6           section 333F-1.
 7                ["Mentally ill person" means a mentally ill person
 8           as defined under section 334-1.]
 9                "Elder" means an elder as defined under sections
10           201G-1 and 201G-151.
11                "Handicapped person" means an individual with a
12           physical handicap as defined under section 515-2.
13                ["Developmentally disabled person" means a person
14           with developmental disabilities as defined under
15           section 333F-1.]
16                "Mentally ill person" means a mentally ill person
17           as defined under section 334-1.
18                "Totally disabled person" means a person totally
19           disabled as defined under section 235-1;
20      (3)  Comply with applicable federal laws and regulations of
21           Title XVI of the Social Security Act, as amended; and
22      (4)  Provide penalties for the failure to comply with any
23           rule.

Page 3                                                     551
                                     H.B. NO.           H.D. 1

 1      (c)  The department may provide for the training of and
 2 consultations with operators and staff of any facility licensed
 3 under this section, in conjunction with any licensing thereof,
 4 and shall adopt and enforce rules to ensure that adult
 5 residential care home operators shall have the needed skills to
 6 provide proper care and supervision in a home environment as
 7 required under department rules.
 8      (d)  The department shall establish a standard admission
 9 policy and procedure [which] that shall require the provision of
10 information that includes the appropriate medical and personal
11 history of the patient as well as the level of care needed by the
12 patient prior to the patient's referral and admission to any
13 adult residential care home facility.  The department shall
14 develop appropriate forms and patient summaries for this purpose.
15      (e)  The department shall maintain an inventory of all
16 facilities licensed under this section and shall maintain a
17 current inventory of vacancies therein to facilitate the
18 placement of individuals in such facilities.
19      (f)  The department shall develop and adopt a social model
20 of health care to ensure the health, safety, and welfare of
21 individuals placed in adult residential care homes.  The model of
22 care shall be designed to protect the health, safety, civil

Page 4                                                     551
                                     H.B. NO.           H.D. 1

 1 rights, and rights of choice of the persons to reside in a
 2 nursing facility or in home- or community-based care. 
 3      (g)  The department shall notify adult residential care home
 4 operators with a two-week advance written notice of an
 5 approximate date and time of visit for an annual inspection."
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 3.  This Act shall take effect upon its approval.