HB 1540: Department of Health; Home Health Agencies; Accreditation; Certification; Licensing Inspections; Public Information

A BILL FOR AN ACT

relating to home health licensing.

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

     SECTION 1.  The purpose of this Act is to authorize the department of health to accept accreditation from an accreditation organization or a certification organization recognized by the Centers for Medicare and Medicaid Services as demonstration that a licensed home health agency is in compliance with all licensing inspections required by the State.

     SECTION 2.  Section 321-91, Hawaii Revised Statutes, is amended to read as follows:

     "§321-91  Program of home health services.  (a)  The department of health is authorized to establish and administer a program to provide home health services, pursuant to the provisions of Title XVIII of the Social Security Act.  Home health services shall mean ancillary paramedical services rendered in the patient's home, and shall include[,] but not be limited to[,] professional nursing care, physiotherapy, occupational therapy, speech and hearing therapy, medical social services, and home health aide services.  The authority of the department [hereunder] under this subsection shall be liberally construed in order that the State may receive the maximum benefits of [said] Title XVIII.

     (b)  A home health agency that is licensed by the department of health and accredited or certified by an accreditation organization or a certification organization recognized by the Centers for Medicare and Medicaid Services may be used to demonstrate the home health agency's compliance with all licensing inspections required by the State.  The home health agency may be exempt from a licensing inspection on a continuing basis throughout the term of the accreditation or certification under the following conditions:

     (1)  The home health agency provides the department of health with a certified copy of the home health agency's official accreditation or certification report;

     (2)  The home health agency continuously holds full accreditation or certification and provides the department of health with a certified copy of the home health agency's official accreditation or certification report; and

     (3)  The home health agency holds a current and valid state license.

     (c) The department of health may conduct inspections and investigation of home health agencies exempt from licensing inspections pursuant to subsection (b) regarding complaints, adverse accreditation or certification findings, or periodic validation surveys.

     (d)  Information contained in reports of survey and official accreditation or certification letters made by an accreditation organization or a certification organization recognized by the Centers for Medicare and Medicaid Services that are used in determining compliance with licensing requirements pursuant to this section shall be public information.

     (e) All other records maintained by the department of health for the purposes of this section shall be governed by chapter 92F."

     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, 2026.

Report Title:

Department of Health; Home Health Agencies; Accreditation; Certification; Licensing Inspections; Public Information

Description:

Authorizes the Department of Health to accept accreditation from an accreditation organization or a certification organization recognized by the Centers for Medicare and Medicaid Services as demonstration that a licensed home health agency is in compliance with all licensing inspections required by the State.  Specifies conditions under which a home health agency may be exempt from a licensing inspection on a continuing basis.  Requires information obtained in reports of survey and accreditation or certification letters to be public information.

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