§321-15.6 Adult residential care homes; licensing. (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9.

(b) The director shall adopt rules regarding adult residential care homes in accordance with chapter 91 that shall be designed to:

(1) Protect the health, safety, and civil rights of persons residing in facilities regulated;

(2) Provide for the licensing of adult residential care homes; provided that the rules shall allow group living in two categories of adult residential care homes as licensed by the department of health:

(A) Type I allowing five or fewer residents; provided that up to six residents may be allowed at the discretion of the department to live in a type I home; provided further that the primary caregiver or home operator is a certified nurse aide who has completed a state-approved training program and other training as required by the department; and

(B) Type II allowing six or more residents, including but not limited to the mentally ill, elders, persons with disabilities, the developmentally disabled, or totally disabled persons who are not related to the home operator or facility staff;

(3) Comply with applicable federal laws and regulations of Title XVI of the Social Security Act, as amended; and

(4) Provide penalties for the failure to comply with any rule.

For the purposes of this subsection:

"Developmentally disabled" means a person with developmental disabilities as defined under section 333F-1.

"Elder" has the same meaning as defined under section 356D-1.

"Mentally ill" means a mentally ill person as defined under section 334-1.

"Persons with disabilities" means persons having a disability under section 515-2.

"Totally disabled person" has the same meaning as a person totally disabled as defined under section 235-1.

(c) The department may provide for the training of and consultations with operators and staff of any facility licensed under this section, in conjunction with any licensing thereof, and shall adopt rules to ensure that adult residential care home operators shall have the needed skills to provide proper care and supervision in a home environment as required under department rules.

(d) The department shall establish a standard admission policy and procedure which shall require the provision of information that includes the appropriate medical and personal history of the patient as well as the level of care needed by the patient prior to the patient's referral and admission to any adult residential care home facility. The department shall develop appropriate forms and patient summaries for this purpose.

(e) The department shall maintain an inventory of all facilities licensed under this section and shall maintain a current inventory of vacancies therein to facilitate the placement of individuals in such facilities.

(f) The department shall develop and adopt a social model of health care to ensure the health, safety, and welfare of individuals placed in adult residential care homes. The social model of care shall provide for aging in place and be designed to protect the health, safety, civil rights, and rights of choice of the persons to reside in a nursing facility or in home- or community-based care.

(g) Any fines collected by the department of health for violations of this section shall be deposited into the office of health care assurance special fund. [L 1978, c 107, pt of §3; am L 1979, c 9, §1 and c 105, §33; am L 1982, c 54, §2; am L 1985, c 272, §5; am L 1986, c 177, §2; am L 1987, c 283, §21; am L 1988, c 334, §2; am L 1990, c 67, §5; am L 1993, c 227, §1; am L 1997, c 341, §2 and c 350, §15; am L 1998, c 132, §4; am L 2002, c 166, §3 and c 188, §2; am L 2003, c 202, §1; am L 2006, c 270, §2; am L 2007, c 90, §3 and c 249, §20; am L 2016, c 184, §3]

Cross References

Coordination and development of caregiver support services, see §349-15.

Dependent elder abuse; suits by the State; civil penalties, see §28-94.

Long-term care, see chapter 346D.

Law Journals and Reviews

Long-Term Care in Hawaii. 18 HBJ, no. 13, at 59 (2015).

The Wavering Line Between Medical Malpractice and Ordinary Negligence in Elder Abuse Litigation. 18 HBJ, no. 13, at 81 (2015).