SCR 25: requesting the state health PLANNING and development agency and department of health to hold a public MEETING for ALL CERTIFICATE OF NEED APPLICATIONS FOR any proposed special treatment facility in NEIGHBORHOODS with community associations.

SENATE CONCURRENT

RESOLUTION

requesting the state health PLANNING and development agency and department of health to hold a public MEETING for ALL CERTIFICATE OF NEED APPLICATIONS FOR any proposed special treatment facility in NEIGHBORHOODS with community associations.

     WHEREAS, a certificate of need is an authorization issued by the State Health Planning and Development Agency, which is administratively attached to the Department of Health, to construct, expand, alter, or convert certain health care facilities or to initiate, expand, develop, or modify certain health care services; and

     WHEREAS, an application for a certificate of need generally goes through an administrative review or standard review process; and

     WHEREAS, a certificate of need application may be subject to the administrative review process if the application meets certain criteria, including but not limited to:

     (1)  Bed or service changes that have a capital expense of $1,000,000 or less, and have an increased annual operating expense of less than $500,000;

     (2)  An acquisition of a health care facility or service which will result in a lower annual operating expense; and

     (3)  Any proposal that will not have a significant impact on the health care system; and

     WHEREAS, certificate of need applications that do not fall under the administrative review process, emergency situations, or unusual circumstances, will be subject to the standard review process; and

     WHEREAS, the standard review process requires at least one public meeting, during which any person may present written or oral arguments and evidence relevant to the application and any person directly affected by the application may conduct reasonable questioning of persons who make factual allegations relevant to the application; and

     WHEREAS, unlike the standard review process, the administrative review process does not require a public meeting for the application, unless the State Health Planning and Development Agency receives a written request from interested persons; and

     WHEREAS, certificate of need applications for certain special treatment facilities have been approved without a public meeting; and

     WHEREAS, uninformed neighbors, community associations, and area neighborhood boards have expressed frustration at the inability to offer public input on certain special treatment facilities in their neighborhoods applying for a certificate of need; and

     WHEREAS, pursuant to Hawaii's Sunshine Law, it is the policy of the State that the formation and conduct of public policy, including the discussions, deliberations, decisions, and action of government agencies, shall be conducted as openly as possible; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the State Health Planning and Development Agency and Department of Health are requested to hold a public meeting for all certificate of need applications for any proposed special treatment facility in neighborhoods with community associations; and

     BE IT FURTHER RESOLVED that, in addition to the current statutory requirements to obtain a certificate of need, the State Health Planning and Development Agency is requested to adopt rules to require certificate of need applicants to appear before the neighborhood board for the area where a proposed special treatment facility is located as part of the application process; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health and Administrator of the State Health Planning and Development Agency.

Report Title: 

SHPDA; DOH; Certificate of Need; Special Treatment Facility; Public Meeting; Neighborhood Board