SB 2364: Home Care Agencies; Home Care Services; Licensing

A BILL FOR AN ACT

relating to HOME CARE AGENCIES.

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

     SECTION 1.  The legislature finds that home care agencies offer essential services to support the health, safety, and wellbeing of the State's elderly residents and residents with disabilities.  The in-home services provided by home care agencies help some elderly residents and residents with disabilities avoid institutionalization and residential care.  However, the legislature recognizes that regulatory gaps have allowed some home care agencies to provide services to clients in residences that the home care agency or its investors own. These home care agencies are essentially functioning as residential care facilities or assisted living facilities without obtaining the appropriate license.  Residential care homes and assisted living facilities are subject to stricter health, safety, and staffing requirements than home care agencies.  Operating without the correct license may put vulnerable clients at risk.

     Accordingly, the purpose of this Act is to prohibit a home care agency or person with a financial interest in the home care agency from providing home care services to a client if the home care agency or person owns or leases the client's residence.

     SECTION 2.  Section 321-14.8, Hawaii Revised Statutes, is amended to read as follows:

     "§321-14.8  Home care agencies; licensing.  (a)  Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients.

     (b)  The department of health shall adopt rules pursuant to chapters 91 and 201M to:

     (1)  Protect the health, safety, and civil rights of clients of home care agencies; and

     (2)  Provide for the licensure of home care agencies.

     (c)  A service provider agency shall be exempt from the licensing requirement of this section when services are provided:

     (1)  Under contract for services with the city and county of Honolulu, elderly affairs division of the department of community services; or

     (2)  Exclusively to participants in the medicaid home and community based services waiver, pursuant to section 1915(c) of the Social Security Act, by an agency approved by the department of human services med-QUEST division.

     (d)  No home care agency or person with a financial interest in the home care agency shall provide home care services to a client if the home care agency or person owns or leases the client's residence.

     [(d)] (e)  A home care agency shall only provide home care services or related tasks, functions, and activities in accordance with its license, and shall not provide services authorized by chapter 457 unless those services are provided by a registered nurse, a licensed practical nurse, or an advanced practice registered nurse.

     [(e)] (f)  Violations of this section shall be subject to the penalties and remedies provided in this chapter and rules adopted by the department of health.

     [(f)] (g)  For the purposes of this section:

     "Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services to clients in the client's residence.  "Home care agency" does not apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.

     "Home care services" may include:

     (1)  Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;

     (2)  Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and

     (3)  Respite care and assistance and support provided to the family."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Home Care Agencies; Home Care Services; Licensing

Description:

Prohibits a home care agency or person with a financial interest in the home care agency from providing home care services to a client if the home care agency or person owns or leases the client's residence.

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