HOUSE OF REPRESENTATIVES

H.B. NO.

2110

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 

     SECTION 1.  Section 321-487, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It shall be unlawful for [a certified or licensed healthcare provider or certified or licensed care facility] any person, corporation, or any other entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility.  The department may impose a fine on any [certified or licensed healthcare provider or certified or licensed care facility] any person, corporation, or any other entity that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that the fine shall be no more than:

     (1)  $500 for the first violation;

     (2)  $1,000 for the second violation; and

     (3)  $2,000 for the third and each succeeding violation."

     SECTION 2.  Section 321-488, Hawaii Revised Statutes, is repealed.

     ["[§321-488]  Exclusion.  For purposes of this chapter, a landlord, as defined in section 521-8, shall not be deemed to be providing home care services or to be operating a care facility requiring a license under this chapter solely due to a landlord permitting a tenant to receive care services from persons licensed to provide care services, if licensing is otherwise required by law, and the landlord does not require a tenant to use or pay for care services as a condition of the rental agreement.  For the purposes of this section, an operator means an individual or entity that operates or manages a healthcare facility or similar facility that provides care services in that facility."]

     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  Statutory material to be repealed is bracketed and stricken.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 on July 1, 2050.

 

 

Report Title:

Care Facilities; Uncertified Facilities; Unlicensed Facilities; Enforcement

 

Description:

Clarifies the group of professionals who are prohibited from knowingly referring or transferring patients to an uncertified or unlicensed care facility.  Repeals landlord exclusion.  Effective 7/1/2050.  (HD1)

 

 

 

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