§321-15.9 Developmental disabilities residential services. (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to live independently and who require supervision or care, but do not require care by licensed nurses in a domiciliary setting; provided that nothing in this section shall exclude the department of human services from licensing, certifying, regulating, or entering into contracts for child foster homes or providers that serve persons with developmental disabilities or intellectual disabilities.

(b) For the purposes of this section:

"Developmental disabilities" shall be as defined under section 333E-2.

"Developmental disabilities apartment complex" means an apartment building composed of five or more separate apartment units in which every apartment unit, except for one apartment unit occupied by the operator or staff for the complex, is dedicated to providing residences for individuals with developmental disabilities or intellectual disabilities who do not require twenty-four hour supervision or care.

"Developmental disabilities domiciliary home" means a residence for not more than five persons with developmental disabilities or intellectual disabilities that require twenty-four hour supervision or care, but do not require care by licensed nurses in a domiciliary setting.

"Intellectual disability" shall be as defined under section 333F-1.

(c) The director shall adopt rules regarding developmental disabilities domiciliary homes in accordance with chapter 91 that shall be designed to:

(1) Establish criteria for licensure of homes, including inspections, registration, fees, qualifications of operators and staff, and other factors necessary to ensure safe and appropriate operation of each home;

(2) Protect the health, safety, and civil rights of persons residing in the homes;

(3) Provide for plans of care that include community integration and support of persons residing in the licensed homes;

(4) Provide for the licensure of homes of up to five persons with developmental disabilities or intellectual disabilities, and who are not related to the home operator or facility staff;

(5) Establish penalties for the failure to comply with any rule; and

(6) Establish criteria for training of operators and staff of any developmental disabilities domiciliary home licensed under this section.

(d) Rules adopted under this section shall be enforced by the director.

(e) No single apartment in a developmental disabilities apartment complex funded under this section shall be occupied by more than two residents with developmental disabilities or intellectual disabilities.

(f) The director shall establish criteria for contracts for developmental disabilities apartment complexes and where necessary to provide for additional funding for developmental disabilities domiciliary homes.

(g) The department shall maintain a registry of all developmental disabilities domiciliary homes licensed under this section and a current inventory of vacancies.

(h) The department of health may enter into contracts for additional payments for residential services to the providers of developmental disabilities domiciliary homes and payments to operators of developmental disabilities apartment complexes for residential services on terms determined by the department of health. [L 1990, c 180, §1; am L 2005, c 168, §2; L 2011, c 220, §§12, 13]

Cross References

Inspections of state-licensed care facilities; public notice, see §321-1.8.

Law Journals and Reviews

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