reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-5.5 Criminal history record checks.

§323F-5.5 Criminal history record checks.
(a) The corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation's health facilities, in accordance with section 846 €“2.7.
(b) For the purpose of this section, the criminal history record check shall be performed by the Hawaii criminal justice data center. The Hawaii criminal justice data center may assess providers and contractors a reasonable fee for criminal history record checks performed. Providers and contractors shall be responsible for payment to the Hawaii criminal justice data center of the fee for the criminal history record checks.
(c) Any person who is a current or prospective member of the corporation board or regional system board; employed or who seeks employment with the corporation; or is a current or prospective contractor, provider, or volunteer in any of the corporation's health facilities may be required to provide to the corporation:
(1) Personal identifying information including name, social security number, and date of birth;
(2) Written consent for the corporation to obtain criminal history record check information for verification; and
(3) Written consent to be fingerprinted for the purpose of a criminal history record check.
Information obtained pursuant to subsection (a) and this subsection shall be used by the corporation exclusively for the purposes of this section.
(d) Any inquiry into or consideration of the criminal history record of an employee or prospective employee of the corporation shall be limited to that which is required under federal law.
(e) A current or prospective contractor, provider, or volunteer or a current or prospective member of the corporation board or regional system board who has been convicted of a criminal offense for which incarceration is a sentencing option, may be terminated, released, or not used. This action shall be based on the corporation's analysis of whether the nature and circumstances of the crime may pose a risk to the health, safety, or well-being of patients, residents, and organizations in its health facilities.
(f) For the purposes of this section:
"Contractor" means any individual who enters into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities.
"Criminal history record check" means an examination of an individual's criminal history records by means including fingerprint analysis and name inquiry into state and national criminal history record files.
"Provider" means any individual who currently provides or intends to enter into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities, or is a student in any program at any of the corporation's health facilities. [L 2009, c 182, §6; am L 2023, c 88, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-6 Records.

§323F-6 Records.
(a) The corporation and each regional system board shall be subject to the requirements of chapter 92F, except that the following categories of government records shall not be required to be disclosed:
(1) Applications for credentials or staff privileges at any of the corporation's medical facilities, records from peer review proceedings, and medical records; and
(2) Marketing strategies, strategic plans, evaluations, assessments, negotiations, or rates and charges, the disclosure of which would raise the cost of procurement or give a manifestly unfair advantage to any competitor or to any person or entity seeking to do business or proposing to enter into an agreement with a regional system board, the corporation, or any of its facilities.
Any person denied access to any such government records shall have available the remedies specified in sections 92F-15 and 92F-15.5. Government records protected from disclosure by this section shall be subject to the interagency disclosure provisions of section 92F-19. Section 624-25.5 shall apply to this part notwithstanding anything to the contrary contained in this section.
(b) The corporation shall have the authority to set rates for copies of records protected by this section from the disclosure requirements of chapter 92F. For medical records subpoenaed from any of the corporation's regional system facilities, copies shall be paid for by the requester in an amount based on the facility's actual cost of preparation; provided that the amount shall be no less than $1 per page and no more than $2 per page. [L 1996, c 262, pt of §2; am L 2007, c 290, §22; am L 2016, c 73, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-7.5 Regional system boards; delegated authority. If the Hawaii health systems corporation board is unable to act on important transactions in as timely a manner as the chairperson of the corporation board deems reasonable, the chairperson of the corporation board may further delegate authority to the regional system boards to take action on specific matters. [L 2007, c 290, pt of §2]

§323F-7.5
Regional system boards; delegated authority.
If the Hawaii health systems corporation board is unable to act on important transactions in as timely a manner as the chairperson of the corporation board deems reasonable, the chairperson of the corporation board may further delegate authority to the regional system boards to take action on specific matters. [L 2007, c 290, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-8 Chief executive officer; exempt positions.

§323F-8 Chief executive officer; exempt positions.
(a) The corporation board may appoint, by majority vote of its entire membership, a chief executive officer of the corporation whose salary shall be set by the corporation board and who shall be exempt from chapter 76 and section 26-35(a)(4). The chief executive officer may also appoint up to eighteen other personnel, exempt from chapters 76 and 89, to work directly for the chief executive officer and the corporate board.
(b) The corporation board or its designee may discharge its exempt personnel with or without cause; provided that removal without cause shall not prejudice any contract rights of personnel.
The discharge of the chief executive officer shall require a majority vote of the entire membership of the corporation board.
(c) The corporation's chief executive officer or the chief executive officer's designee may appoint, exempt from chapters 76 and 89, hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians, to facilitate the management of facilities within the corporation; provided that directors of nursing appointed before July 1, 1998, may maintain their civil service status as provided in chapter 76 by so communicating in writing to the chief executive officer by October 31, 1998. Hospital administrators and assistant administrators appointed before July 1, 1983, may maintain their permanent civil service status as provided in chapter 76.
(d) Hiring, firing, compensation packages, and other personnel actions with respect to employees not covered by chapter 76 and 89 shall be governed by policies and guidelines established by the corporation, except as otherwise provided in this chapter.
(e) Upon the establishment of a regional system board, the authority to appoint regional hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians under subsection (c) shall be superseded by section 323F-8.5 for that regional system. No incumbent personnel shall lose a position without specific action taken by the regional system board. [L 1996, c 262, pt of §2; am L 1998, c 229, §7; am L 2000, c 253, §150; am L 2002, c 148, §38; am L 2004, c 16, §6; am L 2007, c 290, §24; am L 2009, c 182, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-8.5 Regional chief executive officer; exempt position.

§323F-8.5 Regional chief executive officer; exempt position.
(a) Upon establishment, a regional system board may appoint a regional chief executive officer whose salary shall be set by the corresponding regional system board and may discharge a regional chief executive officer; provided that the position shall be exempt from chapter 76 and section 26-35(a)(4). Each regional chief executive officer may also appoint, as necessary, other personnel, exempt from chapters 76 and 89, to work directly for the regional chief executive officer for the regional system and for the corresponding regional system board.
(b) Any regional system board or its designee may discharge its exempt personnel with or without cause; provided that removal without cause shall not prejudice any contract rights of personnel.
(c) Each regional chief executive officer or their designees may appoint, exempt from chapters 76 and 89, hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians, to facilitate the management of facilities within the regional system.
(d) Hiring, firing, compensation packages, and other personnel actions with respect to employees not covered by chapters 76 and 89 shall be governed by policies adopted by each regional system board. These policies and guidelines shall be consistent with policies and guidelines adopted by the corporation board after consultation with the regional system boards. [L 2007, c 290, pt of §2; am L 2009, c 182, §14]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-9 Hiring of attorneys.

§323F-9 Hiring of attorneys.
The corporation and regional system boards may employ or retain any attorney, by contract or otherwise, for the purpose of representing the corporation or regional system boards in any litigation, rendering legal counsel, or drafting legal documents for the corporation or regional system boards. [L 1996, c 262, pt of §2; am L 2007, c 290, §25]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-10.5 Executive public health facility management advisory committee; establishment.

§323F-10.5 Executive public health facility management advisory committee; establishment.
(a) There is established within the corporation an executive public health facility management advisory committee to consist of the chairpersons of each of the five regional public health facility management advisory committees. The executive committee shall, through its chairperson, represent the interests of all regional committees on the corporation board.
(b) The executive committee shall select its own chairperson to serve on the corporation board and shall adopt rules governing the terms of office and removal from the corporation board. The executive committee shall also adopt rules governing the terms of office for each of the five regional committee chairpersons. The executive committee may also adopt other rules as it may consider necessary for the conduct of its business.
(c) The members of the executive committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties.
(d) Upon the establishment of a regional system board for a regional system pursuant to section 323F-3.5, this section shall no longer apply to that regional system. [L 1998, c 229, pt of §1; am L 2007, c 290, §27]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-10.6 Peer review and credentialing. Peer review activities shall be subject to chapters 663 and 671D and all other provisions and restrictions of medical peer review committees established by state law. [L 1998, c 229, pt of §1; am L 2007, c 290, §28]

§323F-10.6
Peer review and credentialing.
Peer review activities shall be subject to chapters 663 and 671D and all other provisions and restrictions of medical peer review committees established by state law. [L 1998, c 229, pt of §1; am L 2007, c 290, §28]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-11 Executive branch; noninterference.

§323F-11 Executive branch; noninterference.
Notwithstanding any other law to the contrary, the governor and executive branch agencies shall limit their responsibilities to that of review and oversight when the corporation or regional system board receives general funds from the State to subsidize the operating budgets of deficit facilities. The governor and executive branch agencies shall not interfere with the systemic change, capacity building, advocacy, budget, personnel, system plan development, or plan implementation activities of the corporation or any regional system board. The governor and executive branch agencies shall not interfere with the ability of the corporation or regional system board to function as a multiple facility public hospital system delivering health care services to the residents of the State. [L 1996, c 262, pt of §2; am L 2007, c 290, §29]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-12 Public-private partnership.

§323F-12 Public-private partnership.
(a) There is established within the corporation for administrative purposes only a public-private partnership in a county that encompasses at least three islands inhabited by permanent residents, to research, develop, and implement a model of health care delivery that addresses the coordination of care across the spectrum of care from acute, to skilled nursing facility, to home, in a manner that is seamless, efficient, appropriate, and cost-effective.
(b) The public-private partnership shall:
(1) Work to resolve the challenges in the post-acute care environment;
(2) Expand inpatient capacity;
(3) Improve access to and quality of health care; and
(4) Enhance the operational and financial viability of public and private health care providers at all levels of care.
(c) The public-private partnership shall be mutually beneficial to stakeholders and consumers and shall be based upon the following:
(1) Short-term goals:
(A) Provide a mechanism to move waitlisted patients to an appropriate long-term care setting;
(B) Provide appropriate financial support to allow for the movement of patients along the continuum of care, regardless of the ability to pay;
(C) Maintain the financial viability of skilled nursing facilities by providing adequate funding from all sources; and
(D) Maintain the financial viability of full-service acute care facilities by reducing the number of waitlisted patients.
(2) Long-term goals:
(A) Improve the continuity of care and efficiency between providers;
(B) Enhance the quality of patient care;
(C) Create a patient-centered health care infrastructure;
(D) Maximize capacity and increase operational and financial viability among network organizations;
(E) Optimize existing resources to maximize return;
(F) Facilitate the transition of care between different levels of care;
(G) Reduce unnecessary transfers of patients and attract medically appropriate transfers from neighboring islands;
(H) Create reimbursement mechanisms that support integrated efforts;
(I) Reduce unnecessary health care use and prevent unnecessary hospitalizations and readmissions; and
(J) Expand access to specialty services to counties that encompass at least three islands inhabited by permanent residents. [L 2012, c 279, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-22 Annual audit and report; disclosure of revenue projections; internal performance audit.

§323F-22 Annual audit and report; disclosure of revenue projections; internal performance audit.
(a)
The corporation shall engage a certified public accountant to conduct an annual audit of its financial affairs, books, and records in accordance with generally accepted accounting principles. The corporation, in consultation with a regional system board, may permit or require a regional system board to retain an audit firm to conduct an independent audit of the regional system. Each regional system board shall submit the results of the annual audit to the corporation board within one hundred twenty days after the close of the regional system board's fiscal year. The corporation shall submit to the governor and the legislature, within one hundred fifty days after the close of the corporation's fiscal year, a report that shall include the audited financial report for that fiscal year for the corporation and each regional system board.
(b) In addition to the submittal of the audit required under subsection (a), the corporation, in cooperation with the regional system boards, shall submit a report to the legislature at least twenty days prior to the convening of each regular session that shall include but not be limited to:
(1) The projected revenues for each health care facility;
(2) A list of all proposed capital improvement projects planned for implementation during the following fiscal year; and
(3) All reports submitted by regional public health facility management advisory committees pursuant to section 323F-10(c).
(c) The regional system boards shall prepare a report for inclusion with the corporation's annual report and audit.
(d) There shall be an annual internal audit of the management and operations of the corporation and regions. The corporation, in cooperation with the regional system boards, shall submit a report to the legislature at least twenty days prior to the convening of each regular session on the results of the annual internal audit of the management and operations of the corporation and regions. [L 1996, c 262, pt of §2; am L 2007, c 290, §31; am L 2009, c 182, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-23 Exemption from taxation.

§323F-23 Exemption from taxation.
The corporation and each regional system board shall be exempt from paying any:
(1) Assessments levied by any county; and
(2) State taxes of any kind. [L 1996, c 262, pt of §2; am L 2007, c 290, §32]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-24 Budget oversight.

§323F-24 Budget oversight.
The corporation's and each regional system board's operating and capital improvement budgets shall not be subject to review or approval by the governor or any state agency, except where state general funds or capital improvement moneys are requested. If general funds or capital improvement moneys are requested, then the corporation or any regional system board shall include, with its request, the proposed budget for which the funds or moneys are to be included. The corporation and regional system boards, once operational, shall collaboratively submit their budgets annually to the legislature for review and approval at least twenty days prior to the convening of the regular legislative session, beginning with the budgets for the 2010-2011 biennium fiscal years. [L 1996, c 262, pt of §2; am L 2007, c 290, §33]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-25 Regional system board; community hospitals; community health centers; collaboration.

§323F-25
Regional system board; community hospitals; community health centers; collaboration.
Each regional system board and each community hospital under the jurisdiction of the corporation shall collaborate with community health centers within their respective geographic jurisdictions to maximize funding from the state and federal governments to:
(1) Maximize reimbursement for health care services provided;
(2) Acquire funds for capital investment;
(3) Provide expanded hours of service; and
(4) Ensure the provision of the appropriate level of care to the community served by each community health center. [L 2009, c 182, pt of §8]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-31 Maintenance of services.

§323F-31 Maintenance of services.
(a) No planned substantial reduction or elimination of direct patient care services at any facility shall be undertaken unless all of the following requirements are met:
(1) An initial determination is made by the regional chief executive officer as to critical and emergency services which shall not be subject to reduction or elimination pursuant to this section;
(2) The plan of the facility to substantially reduce or eliminate any direct patient care services at the health facility shall first be presented to the regional system board for its approval;
(3) Subsequent to the requisite regional system board approval, the regional chief executive officer shall present the plan to the community in which the facility is located, at a community informational meeting, in order to obtain community input on the plan; and
(4) Provided that if the regional system board approves the plan, the plan as approved by the regional system board shall be submitted to the corporation board for ratification.
(b) After the community informational meeting, but at least twenty days prior to the implementation of the plan approved by the regional system board, the regional system board shall give notice of implementation of the plan to the governor, senate president, and the speaker of the house of representatives.
(c) The decision of the regional system board shall be the final decision with respect to the plan. Implementation of the plan shall commence and continue, provided that no legislation is enacted that:
(1) Requires the reinstatement and continuation of the direct patient care services that are subject to reduction or elimination under the plan; and
(2) Includes an appropriation of additional moneys sufficient to adequately fund the mandated reinstatement and continuation of the subject direct patient care services. [L 1996, c 262, pt of §2; am L 2007, c 290, §34; am L 2009, c 182, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-32 Acquisition of Kahuku hospital.

§323F-32
Acquisition of Kahuku hospital.
(a) Kahuku hospital on Oahu may be assimilated into the Hawaii health systems corporation in a manner and to an extent that may be negotiated between the corporation and Kahuku hospital. After assimilation, the physical assets and the ground lease of Kahuku hospital shall become the property of the corporation, and Kahuku hospital shall be operated by the corporation.
(b) None of the liabilities of Kahuku hospital shall become liabilities of the corporation.
(c) The corporation, at its discretion, may retain any or all medical and nonmedical employees of Kahuku hospital.
(d) The corporation, without regard to section 323F-31, may adjust the levels of services provided by Kahuku hospital.
(e) Kahuku hospital shall be exempt from chapter 102 and section 103-53, and its board of directors, if any, shall be exempt from part I of chapter 92.
(f) The purchase of goods and services by or on behalf of Kahuku hospital shall be exempt from chapters 103D and 103F.
(g) Employees of Kahuku hospital shall be exempt from chapters 76, 87A, 88, and 89, and shall not be considered as employees of the State. [L 2007, c 113, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-33 Hawaii Medical Center-East; affiliation; acquisition.

§323F-33 Hawaii Medical Center-East; affiliation; acquisition.
(a) Hawaii Medical Center-East on Oahu may be assimilated into the corporation by negotiation between the corporation and the owners of Hawaii Medical Center-East. Assimilation may be accomplished with the creation of a new entity, a partnership, a long-term lease, or any other vehicle determined to be in the best interests of the public by the corporation board and as negotiated with the owners of Hawaii Medical Center-East. After assimilation, Hawaii Medical Center-East shall be operated by the corporation, either directly, through contractors, or through a subsidiary.
(b) None of the liabilities of Hawaii Medical Center-East shall become liabilities of the corporation.
(c) Hawaii Medical Center-East, once assimilated, shall be exempt from chapter 102 and section 103-53, and its board of directors, if any, shall be exempt from part I of chapter 92.
(d) The purchase of goods and services by or on behalf of Hawaii Medical Center-East, after assimilation, shall be exempt from chapters 103D and 103F.
(e) Assimilation of Hawaii Medical Center-East into the Hawaii health systems corporation shall be exempt from part VII of chapter 323D.
(f) As used in this section, "Hawaii Medical Center-East" means the facility previously known as Hawaii Medical Center-East located on Liliha street on the island of Oahu. [L 2012, c 281, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-34 Tobacco and electronic smoking devices use prohibited.

§323F-34 Tobacco and electronic smoking devices use prohibited.
(a) Notwithstanding the less restrictive requirements of chapter 328J, the Hawaii health systems corporation shall prohibit the use of any tobacco product or electronic smoking device by any person on the premises of all facilities operated by the corporation within the State, to the extent not prohibited by federal law and regulation.
(b) Pursuant to section 89-9(d), the tobacco and electronic smoking device use prohibitions under this section shall not be subject to collective bargaining.
(c) The corporation shall prominently display signs stating that "tobacco and electronic smoking device use is prohibited" at all entrances to the corporation's health facilities and at other conspicuous locations throughout the outdoor premises of each health facility.
(d) For the purposes of this section:
"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately.
"Premises" means all indoor and outdoor areas within the state-designated property boundary lines of each of the corporation's health facilities and shall include all employee and visitor parking lots.
"Tobacco or electronic smoking device use" does not include mere possession or storage of the same for use in locations outside the premises of the corporation's health facilities.
"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act. [L 2016, c 25, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-51 Definitions.

§323F-51 Definitions.
As used in this part:
"Nonprofit management entity" means a nonprofit organization duly authorized to transact business in the State, the sole shareholder or member of which is the private entity, whose principal purpose is to manage and operate a medical care facility.
"Pre-transfer facility" means a facility of the Maui regional system prior to its transformation into a transferred facility.
"Private entity" means a business organization duly authorized to transact business in the State that:
(1) Has a certificate of need to operate one or more licensed hospitals in the State obtained from the state health planning and development agency pursuant to part V of chapter 323D; or
(2) Is the sole member of a nonprofit management entity or hospital that has a certificate of need to operate one or more licensed hospitals in the State obtained from the state health planning and development agency pursuant to part V of chapter 323D.
"Transfer completion date" means the date specified as the transfer completion date in an agreement entered into pursuant to section 323F-52, including any extensions allowed under the terms of such agreement.
"Transferred facility" means a medical facility of the Maui regional system for which the right and responsibility to manage, operate, and otherwise provide health care services at the facility is transferred to a private entity or its nonprofit management entity pursuant to this part. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-53 Approvals required.

§323F-53 Approvals required.
Any documents associated with the transfer of a Maui regional facility or facilities under this part shall be subject to review by the attorney general and the director of finance in their capacity to advise the governor. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-54 Real property; terms and conditions.

§323F-54 Real property; terms and conditions.
(a) The corporation shall enter into a fixed-term lease with the private entity or its nonprofit management entity to rent the real property, including all improvements and fixtures on the property, of the Maui regional system facility or facilities that is to be transferred to the private entity or its nonprofit management entity under this part.
(b) At minimum, the lease shall include the following terms and conditions:
(1) The lease shall not be terminated other than for good cause and upon a minimum of three hundred sixty-five days prior written notice to ensure that the delivery of health care services to the community served will not be disrupted;
(2) During the term of the lease, the private entity or its nonprofit management entity shall have exclusive control of all matters related to the management, operation, and provision of health care services in the leased facilities, except as otherwise set forth in the lease;
(3) The responsibility to oversee the performance of the terms and conditions of the lease by the private entity or its nonprofit management entity shall rest with the Maui regional system board as the custodial caretaker of the real property under section 323F-3.5; and
(4) The corporation or the State shall retain ownership of the leased property throughout the term of the lease. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-55 Transfer or assignment of other business assets.

§323F-55 Transfer or assignment of other business assets.
Provisions to transfer ownership or assign the interest of the corporation or the Maui regional system in some or all of the equipment and furnishings of the facility or facilities transferred to the private entity or its nonprofit management entity under this part shall be included in the lease entered into under section 323F-54. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-56 Liabilities.

§323F-56 Liabilities.
(a) The State, the Maui regional system board, or the corporation, separately or collectively, shall be responsible for any and all obligations incurred by the facility or facilities to be transferred, the Maui regional system, or the corporation prior to the transfer completion date including any accounts payable, accrued paid time off, debt, capital leases, malpractice liabilities, and other obligations incurred before the transfer completion date. Any and all liabilities of the pre-transfer facility that were transferred to the corporation upon its creation by Act 262, Session Laws of Hawaii 1996, all liabilities of the pre-transfer facility related to collective bargaining contracts negotiated by the State, and the liability for all current outstanding post-employment benefits of the regional system or the corporation shall remain the responsibility of the State.
(b) All liabilities arising out of a transferred facility's management and operation in a transferred facility, on or after the transfer completion date, shall be the responsibility of the private entity or its nonprofit management entity. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-58 Operating support.

§323F-58 Operating support.
(a) Without regard to chapter 42F, the private entity or its nonprofit management entity to which one or more of the facilities of the Maui regional system has been transferred pursuant to this part may seek funds from the State for its operating costs, as defined in section 37-62, of a transferred facility by preparing a budgetary request in accordance with procedures and criteria established by the director of finance. In no event shall the amount requested exceed the amount appropriated for the operating costs of the Maui regional system for the 2014 fiscal year. The director of finance shall review the request and may include some or all of the amount requested in the executive budget of the department of health. Any appropriation made in response to the request shall be subject to the allotment system generally applicable to all appropriations made by the legislature. The department of health shall be responsible for transferring the funds allotted to the private entity or its nonprofit management entity for expenditure.
(b) To qualify to request funds from the State under this section, the private entity or its nonprofit management entity to which one or more of the facilities of the Maui regional system has been transferred pursuant to this part shall satisfy the following standards and conditions:
(1) Be duly authorized to transact business in the State, and determined and designated to be a nonprofit organization by the Internal Revenue Service;
(2) Be licensed and accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities for which funding is sought;
(3) Have a governing board whose members have no material conflict of interest and serve without compensation;
(4) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflict of interest situations;
(5) Be in compliance with all of the requirements of chapter 323D with respect to the transferred facility and any other health care facility it operates;
(6) Submit tax clearances from the director of taxation and the Internal Revenue Service to the effect that all tax returns due have been filed and all taxes, interest, and penalties levied or accrued against have been paid;
(7) Submit to an annual audit, disclose revenue projections, and prepare an annual internal performance audit and itemized financial statements, including reimbursement rates, with respect to the transferred facility, to the extent practicable, in the same manner as described in section 323F-22; and
(8) Submit its annual budget with respect to a transferred facility to the legislature for review at least twenty days prior to the convening of the regular legislative session. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-59 Capital project support.

§323F-59 Capital project support.
(a) Without regard to chapter 42F, the private entity or its nonprofit management entity to which one or more of the facilities of the Maui regional system has been transferred pursuant to this part may seek funds from the State for capital expenditures, as that term is defined in section 37-62, for a transferred facility for each or all of the first ten years of the lease entered into under section 323F-54. Each year's request for funds shall be submitted to the director of finance in accordance with procedures and criteria established by the director and shall be reviewed by the director and comptroller with pertinent capital planning and expenditure documents and the capital planning procedures supplied by the private entity or its nonprofit management entity. The director of finance may include some or all of the funds requested in the executive budget of the department of health. Any appropriation made in response to a request shall be subject to the allotment system generally applicable to all appropriations made by the legislature. The department of health shall be responsible for transferring the funds allotted to the private entity or its nonprofit management entity for expenditure.
(b) After the first ten years of the lease entered into under section 323F-54, the nonprofit management entity and the private entity shall be responsible for funding all capital expenditures of the transferred facility.
(c) To qualify to request funds from the State under this section, the private entity or its nonprofit management entity shall satisfy all of the standards and conditions set out in section 323F-58(b). In addition, the transferred facility shall demonstrate that the capital projects constructed, operated, and maintained with the requested funds will be in compliance with all federal, state, and county health care planning laws and rules, land use and zoning laws and rules, environmental laws and rules, and building and health codes, rules, and regulations. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323F. Hawaii Health Systems Corporation › 323F-60 Strategic commitment during term of lease.

§323F-60 Strategic commitment during term of lease.
(a) The private entity shall be committed to supporting the nonprofit management entity and any transferred facility to achieve excellence and improve access to services in Maui county.
(b) The private entity and the nonprofit management entity shall establish a governance and management structure for a transferred facility that seeks to improve its performance. The private entity and the nonprofit management entity shall apply efficiencies of scale, consolidation of shared services, and administrative and technological expertise to improve the health care performance of a transferred facility.
(c) The private entity and the nonprofit management entity shall support a transferred facility in:
(1) Expanding primary care access throughout Maui;
(2) Recruiting and rotating specialists to fill current service gaps;
(3) Extending the private entity or its nonprofit management entity's service line coordination to Maui, including but not limited to cancer, cardiology, orthopedics, mental health, pediatrics, and women's health services;
(4) Coordinating long-term care patients and reducing wait lists;
(5) Upgrading facilities and equipment as needed to provide high quality care and to enhance patient experience; and
(6) Incorporating the Maui region into the private entity or its nonprofit management entity's value-based contracting initiatives to better align quality and cost initiatives. [L 2015, c 103, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-2 Identification of persons studied; restriction.

§324-2 Identification of persons studied; restriction.
The department of health, or its designee, or any in-hospital staff committee shall use or publish this material only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. In all events, the identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. [L 1963, c 109, §2; Supp, §48B-2; HRS §324-2; am L 1990, c 326, §13(2); am L 2016, c 203, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-3 Legal proceedings; information excluded from.

§324-3 Legal proceedings; information excluded from.
Any findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information set forth in section 324-1 provided to any research or study committee shall not be used or made available in any legal proceeding unless it is unobtainable from the original source. In such event, the judicial officer shall in camera inspect the committee's findings, conclusions, or summaries and make available factual information contained therein. [L 1963, c 109, §3; Supp, §48B-3; HRS §324-3]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-4 Penalty.

§324-4 Penalty.
Any person violating this part shall be guilty of a misdemeanor and fined not more than $500. [L 1963, c 109, §4; Supp, §48B-4; HRS §324-4]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-5 Multidisciplinary and multiagency reviews.

§324-5 Multidisciplinary and multiagency reviews.
The department of health may conduct multidisciplinary and multiagency reviews of maternal deaths to reduce the incidence of preventable maternal deaths. [L 2016, c 203, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-6 Maternal death review reports.

§324-6 Maternal death review reports.
(a) The director of health shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of reviews of maternal deaths conducted by the department. The annual report shall cover the calendar year immediately prior to the year in which the report is due and shall describe the total number of deaths of women while pregnant or within one year after a pregnancy in Hawaii, the causes of those deaths and whether the causes of death were pregnancy related, any maternal mortality review activities conducted by the department, trends in maternal deaths, and recommendations for system changes, including any proposed legislation.
(b) The director of health shall submit a copy of any other maternal death review report published by the department of health, detailing findings and recommendations resulting from such a review, to the legislature upon the report's publication. [L 2016, c 203, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-11 Sources of information protected.

Note
Part heading amended by L 2011, c 220, §1.
§324-11 Sources of information protected.
Any person, public or private medical facility, or social or educational agency, may provide information, interviews, reports, statements, memoranda, or other data or relevant material relating to individuals to the department of health to be used in the course of any study for the purpose of reducing morbidity or mortality resulting from mental illness or intellectual disability.
No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or material, or by reason of having released or published the findings, conclusions, and summaries of the research or study committees to advance medical research and medical education. [L 1964, c 13, §2; Supp, §48B-11; HRS §324-11; am L 2011, c 220, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-12 Identification of persons studied; restriction.

§324-12 Identification of persons studied; restriction.
The material shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. The identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any reports or any other matter prepared, released, or published by the research or study committees under any circumstances. [L 1964, c 13, §3; Supp, §48B-12; HRS §324-12]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-13 Legal proceedings; information excluded from.

§324-13 Legal proceedings; information excluded from.
Any findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information provided to any research or study committee shall not be used or made available in any legal proceeding unless it is unobtainable from the original source. In such event, the judicial officer shall in chambers inspect the committee's findings, conclusions, or summaries and make available factual information contained therein. [L 1964, c 13, §4; Supp, §48B-13; HRS §324-13]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-14 Penalty.

§324-14 Penalty.
Any person violating this part shall be guilty of a misdemeanor and fined not more than $500. [L 1964, c 13, §5; Supp, §48B-14; HRS §324-14]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-21 Sources of information protected.

§324-21 Sources of information protected.
(a) Any person, public or private medical facility, or social or educational agency, may provide information, interviews, reports, statements, memoranda, biological specimens, or other data or relevant material relating to individuals with cancer or pre-cancerous conditions to the Hawaii Tumor Registry. This information may be used in the course of any cancer research study approved by the cancer commission of the Hawaii Medical Association and the appropriate federally authorized human subjects protection board.
(b) Hospitals, skilled nursing homes, intermediate care homes, free-standing radiation oncology facilities, and other treatment or pathology facilities shall submit a report of any person admitted with or diagnosed as having cancer to the Hawaii Tumor Registry or participating hospital registry according to a format approved by the cancer commission of the Hawaii Medical Association. Physicians who diagnose or treat a patient for cancer shall also submit a report to the Hawaii Tumor Registry or participating hospital registry unless the patient has previously been admitted or treated at a hospital, skilled nursing home, intermediate care home, or free-standing radiation oncology facility for that particular cancer. The Hawaii Tumor Registry staff or their representative or hospital-based registry staff may assist the hospitals, institutions, treatment or pathology facilities, and physician offices in the preparation of the reports.
(c) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or material, or by reason of having released or published the findings, conclusions, and summaries of the researchers to advance medical research and medical education. [L 1973, c 25, pt of §1; am L 1976, c 30, §1; am L 2000, c 17, §2; am L 2008, c 117, §3]