reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-54 - Administrator

Current through June, 2024
(a) The facility shall be administered on a
				  full-time basis by a person who is responsible for the daily operation of the
				  facility, the care of the residents, and the supervision of other facility
				  staff.
(b) The administrator shall
				  be appointed by the governing body and acts for this body in the overall
				  management of the facility.
(c) The
				  administrator shall as a minimum have:
(1)
				  Training and experience in work with mentally retarded persons.
(2) Experience in facility
				  management.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-55 - Arrangement for services

Current through June, 2024
Where the facility does not employ a qualified person to
					 render a required or necessary service, it shall have a written agreement or
					 contract with an outside person or provider. Written agreements or contracts
					 shall include:
(1) The
				  responsibilities, functions, objectives, and terms of agreement.
(2) Signatures of the administrator and
				  provider or authorized representative of the provider.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-56 - Construction requirements

Current through June, 2024
(a) The facility
				  shall be accessible to and functional for physically handicapped residents,
				  personnel and the public.
(b) New
				  construction shall be guided by "Minimum Requirements of Construction and
				  Equipment for Hospital and Medical Facilities", DHEW Publication #79-14500, as
				  it existed in 1984. New construction and remodeling must also meet the Uniform
				  Building Code 1979 edition and its revisions.
(1) Resident living areas shall be designed
				  and equipped for the comfort and privacy of the resident.
(2) Temperature and humidity shall be
				  maintained within a normal comfort range.
(3) There shall be provisions within the
				  facility for one or more areas for resident dining, diversional, and social
				  activities. Total area for recreational and dining activities shall be not less
				  than fifty square feet per resident.
(A)
				  Dayrooms of at least thirty square feet per resident shall be equipped with
				  reading lamps, tables, chairs, or their equivalent, for the use and comfort of
				  the residents.
(B) Dining areas of
				  at least twenty square feet per resident shall be equipped with tables and safe
				  chairs. A sufficient number of tables shall be of proper height to accommodate
				  wheelchair residents.
(C) If a
				  multi-purpose room is used for dining, diversional and social activities, there
				  shall be sufficient space to accommodate all activities and prevent their
				  interference with each other.
(D)
				  In the event that nonresidents utilize all or part of the facilities on a
				  regular basis, additional space and facilities must be provided on the
				  following basis for such persons:
(i) Twenty
				  square feet per person in dining areas.
(ii) Thirty square feet per person in
				  recreational areas.
(iii) One
				  conveniently located toilet for each eight persons.
(iv) Sufficient additional staff persons
				  shall be provided to care for the needs of such persons without compromising
				  the care of the regular residents of the facility.
(4) Illumination shall be provided
				  for the comfort and safety of residents and personnel.
(5) Wall or door mirrors shall be provided
				  and placed at convenient heights for residents' use.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-57 - Dental services

Current through June, 2024
(a) Emergency and
				  restorative dental services shall be available.
(b) The resident or the resident's guardian
				  shall select the dentist of their choice.
(c) The facility shall assist each resident
				  to obtain necessary dental care and at least an annual evaluation.
(d) Facility staff shall receive inservice
				  training in oral hygiene and denture care at least annually.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-58 - Dietetic services

Current through June, 2024
(a) The food and
				  nutrition needs of residents shall be met through a nourishing, well-balanced
				  diet in accordance with the recommended dietary allowances of the Food and
				  Nutrition Board of the National Research Council, and adjusted for age, sex,
				  activity, and disability. The service shall be directed by a dietetic service
				  supervisor.
(b) At least three
				  meals shall be served daily, at regular times with:
(1) Not more than a fourteen hour span
				  between a substantial evening meal and breakfast on the following
				  day.
(2) Between meal nourishments
				  consistent with need shall be offered routinely to all residents.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-59 - Emergency care of residents

Current through June, 2024
(a) There shall be
				  written procedures for personnel to follow in an emergency including:
(1) Care of the resident.
(2) Notification of the attending physician
				  and other persons responsible for the resident.
(3) Arrangements for transportation,
				  hospitalization, or other appropriate services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-60 - Engineering and maintenance

Current through June, 2024
(a) The facility
				  shall have an appropriate written preventive maintenance program.
(b) There shall be sufficiently trained and
				  experienced personnel to accomplish the required engineering and maintenance
				  functions within the facility or available through contract with appropriate
				  community resources.
(c) There
				  shall be records that document compliance with environmental safety codes of
				  the state and county authorities having primary jurisdiction over the facility.
				  Inspection of all devices essential to health and safety of residents and
				  personnel shall be carried out daily or at sufficiently frequent intervals to
				  ensure operational performance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-61 - Resident daily living care and training

Current through June, 2024
(a) There
				  shall be sufficient appropriately qualified facility staff to carry out the
				  active treatment program within the facility and to operate the unit on a daily
				  basis.
(b) The facility staff shall
				  participate in appropriate activities relating to the care and development of
				  the residents including training in activities of daily living and the
				  development of self help and social skills.
(c) The facility staff shall provide at least
				  the following:
(1) Supportive services to
				  enable residents to participate fully in appropriate daily
				  activities.
(2) Physical care and
				  assistance to keep residents clean, comfortable, well-groomed, and protected
				  free from accidents and infections.
(3) Necessary assistance to ensure that
				  residents are appropriately dressed in their own clothes.
(4) Weighing of each resident at least
				  monthly.
(5) Regular documentation
				  in the resident's record of each resident's participation and progress in
				  activities carried out with the supervision or assistance of facility
				  staff.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-62 - General policies and practices

Current through June, 2024
(a) There shall
				  written policies and procedures available to staff, residents and the public
				  which govern:
(1) All services provided by
				  the facility.
(2) Admission,
				  transfer, and discharge of residents.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-63 - Governing body and management

Current through June, 2024
Each facility shall have an organized governing body, or
					 designated person or persons so functioning, who have overall responsibility
					 for the conduct of all activities. The facility shall maintain methods of
					 administrative management which assure that:
(1) Staffing
(A) There shall be on duty twenty-four hours
				  of each day, staff sufficient in number and qualifications to carry out the
				  policies, responsibilities and program of the facility.
(B) The numbers and categories of personnel
				  shall be determined by the number of residents and their particular
				  needs.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-64 - Housekeeping

Current through June, 2024
(a) A plan shall be made for routine cleaning
				  of the entire building and premises.
(b) After discharge of any resident, that
				  resident's unit and equipment shall be thoroughly cleansed prior to
				  re-use.
(c) Floors, lavatories,
				  toilets, and showers in resident areas shall be cleaned at least once
				  daily.
(d) The facility shall be
				  kept free of unreasonable accumulation of personal possessions.
(e) All floors, walls, ceilings, windows and
				  fixtures shall be kept clean and in good repair.
(f) All safety procedures shall be in
				  accordance with the rules of the department of labor and industrial relations,
				  State of Hawaii.
(g) All areas
				  which have contained infectious residents and materials shall be thoroughly
				  cleaned by appropriate sanitizing methods.
(h) Sufficient locked storage areas shall be
				  provided for all cleaning materials and equipment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-65 - Infection control

Current through June, 2024
(a) Provision shall
				  be made for isolating residents with infectious diseases, until appropriate
				  transfer can be made.
(1) There shall be a
				  written policy which outlines proper isolation and infection control techniques
				  and practices.
(2) At least one
				  single bedroom shall be designated for an isolation room as needed and shall
				  have:
(A) An adjoining toilet room with
				  nurses' call system, a lavatory and toilet.
(B) The lavatory shall be provided with
				  controls not requiring direct contact of the hands for operation.
(C) Appropriate methods for cleaning or
				  disposing of contaminated materials and equipment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-66 - Inservice education

Current through June, 2024
(a) There shall be
				  staff inservice education program that includes:
(1) Orientation for all new employees to
				  acquaint them with the philosophy, organization, program, policies and
				  procedures, practices, and goals of the facility.
(2) Inservice training for employees who have
				  not achieved the desired level of competence, and continuing inservice
				  education to update and improve the skills and competencies of all
				  employees.
(3) Inservice training
				  shall include annually: prevention and control of infections, fire prevention
				  and safety, accident prevention, resident's rights, and problems and needs of
				  the mentally retarded.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-67 - Laundry service

Current through June, 2024
(a) Laundry service
				  shall be managed so that daily clothing and linen needs are met without
				  delay.
(b) Provision shall be made
				  for the handling, storage, and transportation of soiled and clean laundry, and
				  for satisfactory cleaning procedures.
(1)
				  Provisions may be made for contract services outside the facility in a laundry
				  approved by the department.
(2)
				  Infectious laundry shall be handled in accordance with the provisions of
				  section
				  325-7, HRS, relating
				  to potentially infectious laundry.
(3) Clean linen shall be stored in enclosed
				  areas.
(4) Hampers shall be
				  provided for soiled linen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-68 - Life safety

Current through June, 2024
(a) Facilities
				  licensed under this chapter shall be licensed at least annually by appropriate
				  fire authorities for compliance with state and county rules and
				  ordinances.
(b) Smoking rules shall
				  be adopted. "No Smoking" signs shall be posted where flammable liquids,
				  combustible gases, or oxygen are used or stored. Smoking by residents shall be
				  permitted only under supervision, and ash trays shall be provided.
(c) Electric heating pads shall be
				  prohibited.
(d) Facilities shall
				  have written procedures in case of fire and disasters.
(e) Evacuation plans shall be posted in
				  prominent locations on each floor.
(f) Fire drills shall include the
				  transmission of a fire alarm signal and be held at least quarterly, for each
				  shift, under varied conditions. At least twelve drills shall be held every year
				  and reports filed within the facility.
(g) All employees shall be instructed and
				  kept informed respecting their duties under the fire and disaster
				  programs.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-69 - Maintenance

Current through June, 2024
(a) There shall be sufficiently trained and
				  experienced personnel to accomplish the required maintenance functions within
				  the facility or available through contract with appropriate community
				  resources.
(b) There shall be
				  records that document compliance with environmental safety codes of the state
				  and county authorities having primary jurisdiction over the facility.
				  Inspection of all devices essential to health and safety of residents and
				  personnel shall be carried out daily or at sufficiently frequent intervals to
				  ensure proper operational performance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-70 - Nursing services

Current through June, 2024
(a) Each facility
				  shall have nursing staff sufficient in number and qualifications to meet the
				  nursing needs of the residents. There must be at least one registered nurse,
				  full time on the day shift and at least one licensed nurse full time as needed
				  whenever medications are administered.
(b) Nursing services shall include at least
				  the following:
(1) Assessment of each
				  resident and development and implementation of an appropriate plan of
				  care.
(2) A nursing care plan
				  incorporated in the active treatment plan and reviewed in conjunction with this
				  overall active treatment plan.
(3)
				  Nursing observations and summaries of the resident's status recorded at least
				  every thirty days or more frequently in accord with changes in the resident's
				  condition.
(4) Administration and
				  recording of all medications, and diets, and other orders prescribed by the
				  physician.
(5) Restorative and
				  preventive nursing care including resident education as appropriate for each
				  resident.
(6) Proper care to
				  prevent or treat decubitis ulcers and deformities.
(7) Weighing each resident at least monthly
				  and height taken upon admission.
(8) Restraints should be used only under a
				  physician's orders for specified and limited periods of time and so documented.
(A) If they are used in an emergency
				  situation, the attending physician shall be contacted immediately for orders
				  supporting the temporary need.
(B)
				  Regular observation and release of a resident shall be required while
				  restraints are in use.
(C) No
				  restraints with locking devices shall be used.
(D) There shall be written policies and
				  procedures governing the use of restraints.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-71 - Ownership and financial capability

Current through June, 2024
(a) The facility
				  shall provide to the department current information in regard to:
(1) The name of each person having (directly
				  or indirectly) an ownership interest of ten percent or more in such facility or
				  who is the owner (in whole or in part) of any mortgage, deed or trust, note or
				  other obligation secured (in whole or in part) by such facility.
(2) Major changes of officers and directors
				  of the corporation in case a facility is organized as a corporation.
(3) The name of each partner in case a
				  facility is organized as a partnership.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-72 - Pharmaceutical services

Current through June, 2024
(a) The facility
				  shall employ a licensed pharmacist, or shall have formal arrangements with a
				  licensed pharmacist to provide consultation on methods and procedures for
				  ordering, storage, administration, disposal, recordkeeping of drugs and
				  biologicals, and provision for emergency service.
(b) There shall be a current pharmacy policy
				  manual developed and approved by the pharmacist, physician, and licensed
				  nursing staff which:
(1) Includes policies
				  and procedures and defines the functions and responsibilities relating to
				  pharmacy services.
(2) Is revised
				  as necessary to keep abreast of current developments in overall drug
				  usage.
(3) Governs the safe
				  administration and handling of all drugs.
(4) Includes policies regarding
				  self-administration of drugs.
(5)
				  Includes a formulary appropriate to the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-73 - Physician services

Current through June, 2024
(a) Admission and
				  ongoing orders and plans of treatment shall be in writing, and carried out by
				  the staff of the facility including arrangement for transfer to other
				  facilities when indicated.
(b) All
				  residents admitted to a facility must be under the care of a physician selected
				  by the resident or guardian.
(c)
				  Physicians shall visit as necessary to assure adequate medical care, at least
				  every ninety days unless the physician decides that this frequency is
				  unnecessary and records his reasons for this decision. Visits shall then occur
				  at least every one hundred-twenty days.
(d) Physicians shall participate as
				  appropriate in the interdisciplinary evaluation of residents and their plan of
				  care.
(e) Physicians shall provide
				  an annual physical examination of each resident.
(f) The administrator shall arrange with a
				  physician to serve as a consultant in all matters relating to control of
				  infection and communicable disease within the facility.
(g) Each resident shall have a physical
				  examination by a physician within five days prior to admission or within one
				  week after admission, and must have had tuberculosis clearance as per section
				  11-99-63(2)
				  (I), (J) within the previous year.
(h) The facility shall promptly notify the
				  physician of any accident, injury, or change in the resident's
				  condition.
(i) Each resident shall
				  be certified by a physician as to their capability for self preservation. This
				  certification shall be documented in the resident's record and reviewed at
				  least annually.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-74 - Psychological services

Current through June, 2024
(a) The facility
				  shall provide psychological services to facilitate the optimal development of
				  each resident, either directly or by qualified staff or through arrangements
				  with qualified outside resources.
(b) Services shall include at least:
(1) An initial evaluation of each
				  resident.
(2) An annual review of
				  each resident.
(3) Staff
				  training.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-75 - Recreation program

Current through June, 2024
(a) A plan for
				  independent and group activities shall be developed for each resident in
				  accordance with their needs, capacities, and interests.
(1) The recreation plan shall be incorporated
				  in the resident's active treatment program, reviewed regularly in conjunction
				  with it,
and altered as needed.
(2) Records shall be kept of the extent and
				  level of each resident's participation in the activities program.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-76 - Rehabilitative services

Current through June, 2024
(a) The facility
				  shall provide specialized and supportive rehabilitative services, including
				  occupational therapy, physical therapy, and speech therapy, according to the
				  needs of each resident, either directly by qualified staff or through
				  arrangements with qualified outside resources. Services shall be programmed to:
(1) Preserve and improve the resident's
				  maximal abilities for independent function.
(2) Prevent, insofar as possible,
				  irreversible or progressive disabilities.
(3) Provide for the procurement, and
				  maintenance of aids as needed by the resident to adapt and function within his
				  environment.
(4) Instruct facility
				  staff or person responsible in therapy goals to meet the continuity of resident
				  care.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-77 - Resident accounts

Current through June, 2024
(a) In the event
				  the facility agrees to manage the resident's funds for personal needs, a
				  written itemized account, available to residents, or duly appointed authority
				  or guardian shall be maintained current for each resident with.
(1) Written receipts for all personal
				  possessions and funds received by or deposited with the facility.
(2) Written receipts for all disbursements
				  made to or on behalf of the resident.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-78 - Resident record system

Current through June, 2024
(a) There shall be
				  available sufficient, appropriately qualified staff and necessary supporting
				  personnel to facilitate the accurate processing, checking, indexing, filing,
				  and prompt retrieval of records and record data.
(b) If the supervisor of medical records is
				  not a registered records administrator, or accredited record technician, there
				  must be regularly scheduled visits by a qualified consultant who shall provide
				  reports to the administrator.
(c)
				  The following information shall be obtained and entered in the resident's
				  record at the time of admission to the facility.
(1) Identifying information such as: name,
				  date and time of admission, date and place of birth, citizenship status,
				  marital status, social security number or an admission number which can be used
				  to identify the resident without use of name when the latter is
				  desirable.
(2) Name and address of
				  next of kin or legal guardian.
(3)
				  Sex, height, weight, and identifying marks.
(4) Reason for admission or
				  referral.
(5) Language spoken or
				  understood.
(6) Information
				  relevant to religious affiliation.
(7) Admission diagnosis, summary of prior
				  medical care, recent physical examination, tuberculosis status, and physician's
				  orders.
(8) Preadmission
				  evaluations completed by an interdisciplinary team not more than three months
				  prior to admission.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-80 - Sanitation

Current through June, 2024
(a) Sanitation shall be in compliance with
				  all applicable laws of the State of Hawaii and rules of the department relating
				  to sanitation.
(b) Written summary
				  reports of inspections by state or county health authorities and records of
				  action taken in correction of deficiencies and recommendations shall be kept on
				  file at the facility.
(c) Every
				  facility shall provide a sufficient number of watertight receptacles of metal,
				  or other materials acceptable to the department, for rubbish, garbage, refuse
				  and other discarded matter.
(1) In kitchen
				  and food preparation areas, receptacles shall be kept closed by tight-fitting
				  covers except in the kitchen during peak hours of food preparation.
(2) An area shall be provided for the washing
				  and cleaning of garbage containers and for the storage of garbage, trash, and
				  solid waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-81 - Social work services

Current through June, 2024
(a) Social work
				  services shall be provided by the facility and available to all residents,
				  their families, and other significant persons to enable them to deal with the
				  impact of mental retardation on individual and family functioning.
(b) There shall be sufficient, appropriately
				  qualified staff to meet the social service needs of all residents admitted to
				  the facility. The ratio of social work personnel to residents shall be:
(1) Less than fifty residents there shall be
				  a minimum eight hours consultation per month from a qualified social
				  worker.
(2) For fifty to
				  ninety-nine residents there shall be a minimum of one half-time qualified
				  social worker.
(3) For every
				  hundred residents there shall be a minimum of one full time qualified social
				  worker.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-83 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstances is held invalid, the application of the
					 remainder of the chapter to other persons or circumstances, shall not be
					 affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-1 - Purpose

Current through June, 2024
This chapter establishes minimum standards and
					 requirements for the licensure of adult residential care homes (ARCH) and
					 expanded ARCHs in order to protect the health, safety, welfare and civil rights
					 of the residents residing in the ARCH and expanded ARCH. Services shall be
					 provided in a cooperative manner with the intent to promote the dignity and
					 choice of the resident in a home-like environment. The rules are not intended
					 to intrude on the privacy or infringe on the desire of individuals to provide
					 care or services to another in their own home, but where such services are
					 provided for a fee, the department reserves the right to ensure compliance with
					 this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-3 - Licensing

Current through June, 2024
(a) No person, group of persons, or entity
				  shall operate an ARCH or expanded ARCH without a license previously obtained
				  under and in compliance with this chapter and chapter 321, HRS.
(1) Any person, group of persons, or entity
				  desiring to operate an ARCH or expanded ARCH shall apply to the department for
				  a license on forms furnished by the department. The department shall issue a
				  license if the applicant and home meet the requirements in this
				  chapter;
(2) A license, when
				  granted, shall be in force for one year, or such other interval of time as may
				  be determined by the department and shall expire at the end of that time unless
				  renewed or extended by the department;
(3) Each license shall be issued to a person,
				  group of persons, or entity by name, for a specific physical facility; any
				  change in licensee requires that the department be notified in order for the
				  department to make a determination as to whether or not a new license shall be
				  issued. The license shall not be transferred under any circumstances. A
				  separate license must be secured for each ARCH or expanded ARCH by submitting
				  an application and obtaining department approval;
(4) The license issued by the department
				  shall be posted in a conspicuous place visible to the public, on the premises
				  of the ARCH or expanded ARCH;
(5)
				  No more than three day care clients shall be allowed in an ARCH or expanded
				  ARCH at any given time as set forth in chapter 17-1424, Hawaii Administrative
				  Rules;
(6) Each ARCH or expanded
				  ARCH must have a primary care giver who is present at the ARCH at all times,
				  unless the primary care giver has secured a substitute care giver to
				  temporarily provide care to the ARCH or expanded ARCH residents;
(7) The primary care giver shall not have
				  activities outside of the ARCH or expanded ARCH, or other responsibilities
				  sufficiently demanding of his/her time and energy that they would interfere
				  with the proper and adequate care of the residents; and
(8) In the event that the primary care giver
				  will be unable to perform his/her duties under this chapter due to his/her
				  anticipated departure from the ARCH or expanded ARCH, the licensee shall ensure
				  that a person qualified under section 11-100.1-8 assumes the duties of the
				  primary care giver prior to the primary care giver's departure from the ARCH or
				  expanded ARCH. The department shall be notified of the change in primary care
				  giver prior to the departure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-4 - Waiver

Current through June, 2024
(a) Every request for a waiver shall be set
				  forth in writing and submitted to the department for approval. The licensee
				  shall submit sufficient information as set forth in subsection (d)(3), to
				  enable the department to make a decision on the request for a waiver.
(1) The department shall not act upon or
				  consider any incomplete requests for waivers. A waiver request shall be deemed
				  complete only when all required and requested information including a reason
				  for the waiver and an alternate plan established to ensure the health, safety,
				  welfare and civil rights of the resident, including resident care and life
				  safety safeguards, is reviewed by the department;
(2) Every request shall be signed by the
				  licensee and shall constitute an acknowledgment and agreement that the licensee
				  will comply with all terms and conditions of the waiver and this
				  chapter;
(3) The department may
				  require the submission of additional information after the request has been
				  submitted. If a request is incomplete or otherwise deficient, processing of the
				  request shall not be completed until such time as the licensee has supplied all
				  required information or otherwise corrected the deficiency;
(4) All waivers shall not be
				  transferrable;
(5) The failure of
				  the department to act on a completed request for a waiver within sixty days of
				  receipt of request, shall be deemed an approval of the request; provided that
				  the licensee acts consistently with the request process; and
(6) A waiver may be granted on a case by case
				  basis when it does not affect the resident's health, welfare, and
				  safety.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-5 - Existing category 3 facilities

Current through June, 2024
No existing category 3 ARCHs shall admit any new
					 residents. Any resident in the category 3 ARCH who develops the need for nurse
					 aide care shall be transferred to an appropriate facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-6 - Licensing fees

Current through June, 2024
Appropriate fees, if any, as determined by the director,
					 shall be charged by the department for obtaining an initial license or
					 obtaining a license renewal. Prior notice of the amount of the fee shall be
					 provided to the licensee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-100.1-7 - General operational policies

Current through June, 2024
(a) General
				  operational policies of an ARCH or expanded ARCH shall be submitted by the
				  applicant in writing to the department prior to licensure and shall include,
				  but shall not be limited to:
(1) Admission
				  policies as specified in section 11-100.1-10;
(2) Types of services to be provided to
				  residents which at a minimum shall include activities of daily
				  living;
(3) A clear definition of
				  the responsibility of the ARCH or expanded ARCH to the ARCH or expanded ARCH
				  resident and the ARCH or expanded ARCH resident's family, legal guardian,
				  surrogate or responsible agency;
(4) Visiting hours;
(5) Emergency measures;
(6) Responsibilities of the primary and
				  substitute care givers, and ARCH or expanded ARCH residents;
(7) Appropriate action to be taken in the
				  event of allegations of mistreatment, neglect, misappropriation of funds or
				  property, procedure for notification of appropriate agencies pursuant to state
				  law;
(8) Infection control
				  procedures;
(9) Written evaluation
				  of any incidents occurring which result in resident injury or illness, review
				  of circumstances leading to the event, and a written plan to prevent a similar
				  situation from recurring; and
(10)
				  Transfer and discharge policies as specified in section 11-100.1-22.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 2 - TYPE I ARCH › Section 11-100.1-8 - Primary care giver qualifications

Current through June, 2024
(a) The licensee of
				  a Type I ARCH acting as a primary care giver or the individual that the
				  licensee has designated as the primary care giver shall:
(1) Be a resident of the State of
				  Hawaii;
(2) Be at least twenty-one
				  years of age;
(3) Be at least a
				  nurse aide;
(4) Reside in the Type
				  I ARCH, or employ or otherwise engage by contract a qualified primary care
				  giver in those homes in which the licensee does not reside;
(5) Have completed ARCH teaching modules that
				  are approved annually by the department;
(6) Have at least one year experience working
				  full time or its equivalent providing direct nurse aide care as an employee of
				  a state licensed and approved intermediate care facility, skilled nursing
				  facility, home health agency, or hospital or demonstrate competency equivalence
				  through completion of a program approved by the department;
(7) Have knowledge of and be able to practice
				  the principles of resident care incorporating the concepts of the social model
				  through family and community centered activities and approaches;
(8) Demonstrate to the department sufficient
				  skill in the use of the English language to fully accomplish the objectives of
				  the program and to comply with the requirements of this chapter;
(9) Have achieved acceptable levels of skill
				  and training in first aid, nutrition, cardiopulmonary resuscitation, and
				  appropriate nursing and behavior management as required for care of all
				  residents admitted to the Type I ARCH;
(10) Attend and successfully complete a
				  minimum of six hours of training sessions per year which shall include but not
				  be limited to any combination of the following areas: personal care, infection
				  control, pharmacology, medical and behavioral management of residents, diseases
				  and chronic illnesses, community services and resources. All inservice training
				  and other educational experiences shall be documented and kept
				  current;
(11) Have knowledge of the
				  availability of community services which may be utilized by the residents,
				  primary care giver, or licensee; and
(12) If it is deemed necessary by the
				  department, be examined by a physician and/or mental health professional as a
				  condition for continued licensure. The examination shall be specifically
				  oriented to determine if the primary care giver is physically and/or mentally
				  capable of caring for the residents;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 2 - TYPE I ARCH › Section 11-100.1-9 - Personnel, staffing and family requirements

Current through June, 2024
(a) All
				  individuals who either reside or provide care or services to residents in the
				  Type I ARCH, shall have documented evidence that they have been examined by a
				  physician prior to their first contact with the residents of the Type I ARCH,
				  and thereafter shall be examined by a physician annually, to certify that they
				  are free of infectious diseases.
(b) All individuals who either reside or
				  provide care or services to residents in the Type I ARCH shall have documented
				  evidence of an initial and annual tuberculosis clearance.
(c) Any individual providing services to the
				  residents who develops evidence of an infectious disease shall be immediately
				  relieved of any duties relating to food handling or direct resident contact, or
				  both, and shall continue to be relieved of those duties until such time as a
				  physician or APRN certifies it is safe for the individual to resume the duties.
				  Undiagnosed skin lesions, respiratory tract symptoms or diarrhea shall be
				  considered presumptive evidence of an infectious disease.
(d) The primary caregiver or licensee acting
				  as the primary caregiver must be present in the Type I ARCH at all times unless
				  the primary caregiver or licensee acting as the primary caregiver has secured a
				  substitute caregiver to provide temporary coverage for the primary caregiver or
				  licensee acting as the primary caregiver.
(e) The substitute care giver who provides
				  coverage for a period less than four hours shall:
(1) Be at least eighteen years of
				  age;
(2) Have the ability to
				  communicate, read and write in the English language;
(3) Be currently certified in first aid;
				  and
(4) Be trained by the primary
				  care giver to make prescribed medications available to residents and properly
				  record such action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 2 - TYPE I ARCH › Section 11-100.1-10 - Admission policies

Current through June, 2024
(a) Type I ARCHs
				  shall admit residents requiring care as stated in section 11-100.1-2. The level
				  of care needed by the resident shall be determined and documented by that
				  resident's physician or APRN prior to admission. Information as to each
				  resident's level of care shall 'be obtained prior to a resident's admission to
				  a Type I ARCH and shall be made available for review by the department, the
				  resident, the resident's legal guardian, the resident's responsible placement
				  agency, and others authorized by the resident to review it.
(b) All licensed Type I ARCHs shall admit
				  residents without regard to age, disability, race, color, national origin
				  (including language), sexual orientation, religion or gender.
(c) The licensee has the right to refuse a
				  person for admission if the licensee has made a determination that the Type I
				  ARCH lacks the capability for providing appropriate care.
(d) The Type I ARCH shall only admit
				  residents at appropriate levels of care. The capacity of the Type I ARCH shall
				  also be limited by this chapter, chapter 321, HRS, and as determined by the
				  department.
(e) Persons requiring
				  an increased level of care may be permitted in a Type I or Type II ARCH if the
				  primary care giver is deemed capable by the department of providing the
				  necessary interim care while awaiting transfer to an appropriate
				  facility.
(f) The resident and the
				  resident's family, legal guardian, surrogate or representative shall be
				  informed at the time of admission of all facility policies and
				  procedures.
(g) An inventory of all
				  personal items brought into the Type I ARCH by the resident shall be
				  maintained.
(h) Residents requiring
				  emergency admission to an ARCH or expanded ARCH, due to removal from their
				  current placement by the department or other state agency and who lack
				  immediate access to a physician or emergency room, and who are unable to
				  provide a report of tuberculosis clearance within one year of admission, may be
				  admitted to the ARCH or expanded ARCH if the resident obtains a chest x-ray
				  indicating freedom from communicable tuberculosis within twenty-four hours
				  after admission. The resident shall obtain a tuberculin skin test within three
				  days after admission, as per departmental procedure. The resident shall also
				  submit to a physical examination within one week after admission unless he or
				  she has done so within three months prior to admission.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 2 - TYPE I ARCH › Section 11-100.1-11 - Activities of daily living

Current through June, 2024
The licensee shall provide personal care, shelter,
					 protection, supervision, assistance, guidance or training, planned activities,
					 food service, laundering of personal clothing, recognition of and provision for
					 changes in health status, and arrangement for transportation to medical and
					 dental offices.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 2 - TYPE I ARCH › Section 11-100.1-12 - Emergency care of residents and disaster preparedness

Current through June, 2024
(a) The licensee shall maintain written
				  procedures to follow in an emergency which shall include provisions for the
				  following:
(1) Arranging for immediate
				  transfer or evaluation by a physician for any resident who becomes acutely ill,
				  injured, or dies;
(2) Arranging for
				  transfer or placement of a resident at an emergency shelter or crisis response
				  unit, as appropriate; and
(3)
				  Response to disasters which would include evacuation, emergency shelters, and
				  food supply, and as directed by the Civil Defense.