THE SENATE

S.B. NO.

1360

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.

 

 

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

 


     SECTION 1.  Section 346-331, Hawaii Revised Statutes, is amended by amending the definition of "community care foster family home" to read as follows:

     ""Community care foster family home" or "home" means a home that, for the purposes of this part:

     (1)  Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

     (2)  Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, at least one of whom shall be a medicaid recipient, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; provided that the department, in its discretion, may certify a home for a third adult who is at the nursing facility level of care and a medicaid recipient; provided that [the]:

(A)  The home has been certified and in operation for not less than one year; and

(B)  The primary [and substitute caregivers are certified nurse aides who have] caregiver is a certified nurse aide as defined in section 457A-1.5 who has completed a state-approved training program and other training as required by the department[;], including a minimum of twenty-four hours of continuing education every two years, in addition to the requirements of section 346-46, and the substitute caregiver is a nurse aide as defined in section 457A‑1.5, who has completed a minimum of sixteen hours of continuing education every two years;

and

     (3)  Does not include expanded adult residential care homes or assisted living facilities, which shall continue to be licensed by the department of health."

     SECTION 2.  Section 346-334, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Any community care foster family home shall be subject to monitoring and evaluation by the department or its designee for certification compliance and quality assurance on an annual or biennial basis.  In complying with this subsection, any community care foster family home shall ensure that the following are current and made available for inspection by the department and clients:

(1)  A certificate of approval;

(2)  Licenses for case managers as required in the department's administrative rules, and a list of case managers' names;

(3)  Certifications for certified nurse aides pursuant to section 457A-7; and

(4)  Certifications for nurse aides if applicable."

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

     SECTION 4.  This Act shall take effect on July 1, 2050.



 

Report Title:

Community Care Foster Family Homes

 

Description:

Requires Community Care Foster Family Homes to have a primary caregiver as a certified nurse aide and a substitute caregiver as a nurse aide with a certain minimum number of continuing education hours for Community Care Foster Family Homes certified for a maximum of three clients; be certified and in operation for a year prior to being certified for a third client; and make various certifications and licenses available for inspection.  Effective July 1, 2050.  (SB1360 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.