HOUSE OF REPRESENTATIVES

H.B. NO.

222

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to nurse aides.

 

 

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

 


     SECTION 1.  The legislature finds that the current state recertification requirements for nurse aides create an inequity for nurse aides who do not work in medicare or medicaid certified nursing facilities.  In order to recertify, nurse aides who work in medicare or medicaid certified nursing facilities have an eight hour work requirement.  However, nurse aides who do not work in medicare or medicaid certified nursing facilities are required to either work in a medicare or medicaid facility for eight hours during the past twenty-four month period or complete a twenty-four hour competency and proficiency program.

     This creates an undue hardship for nurse aides who do not work in medicare or medicaid certified nursing facilities, as many will need to pay for a twenty-four hour course and suffer a loss of wages in order to attend the training.  Further, inequitable recertification requirements lead to an increase in lapsed recertification and a decrease in the number of certified nurse aides in the State.  The legislature finds that this recertification inequity poses a risk to public health because, absent certification and recertification, there is no assurance as to a nurse aide's ongoing competency.

     The purpose of this Act is to establish a task force to study and develop solutions for the issue of nurse aide recertification inequity.

     SECTION 2.  (a)  There is established within the department of human services the nurse aide recertification task force.  The task force shall address the inequities of nurse aide recertification requirements for those who do not work in medicare or medicaid certified nursing facilities.  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2020.  The report shall address and include:

     (1)  Current nurse aide certification and recertification practices in Hawaii and nationwide, including barriers to certification and recertification;

     (2)  Studies by nationally accredited institutions or government agencies regarding nurse aide recertification;

     (3)  An analysis of the impact that nurse aide certification and recertification practices have on health care in the State; and

     (4)  Proposed legislation to create equity in the nurse aide certification and recertification process and promote a skilled healthcare workforce in the State.

     (b)  The director of human services, or the director's designee, shall serve as the chair of the task force.  The task force shall include:

     (1)  Three members to be selected by the governor; provided that two members shall be from the health care industry;

     (2)  Two members to be selected by the president of the senate;

     (3)  Two members to be selected by the speaker of the house of representatives;

     (4)  Two members to be selected by the director of commerce and consumer affairs;

     (5)  Two members to be selected by the director of health; and

     (6)  One member to be selected by the attorney general.

     (c)  The members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred for service on the task force.  No member of the task force shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation on the task force.

     (d)  The nurse aide recertification task force shall dissolve on June 30, 2020.

     SECTION 3.  This Act shall take effect upon approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Nurse Aides; Task Force; DHS

 

Description:

Establishes a task force within the Department of Human Services to study and develop solutions for the issue of nurse aide recertification inequity.

 

 

 

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