reglab/statecodes huggingface dataset:
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 11-100.1-14 - Food sanitation

Current through June, 2024
(a) All food shall
				  be procured, stored, prepared and served under sanitary conditions.
(b) All foods shall be stored in covered
				  containers.
(c) Refrigerators shall
				  be equipped with an appropriate thermometer and temperature shall be maintained
				  at 45°F or lower.
(d)
				  Potentially hazardous food shall meet proper temperature requirements during
				  storage, preparation, display, service, and transportation.
(e) A metal stem thermometer shall be
				  available for checking cold and hot food temperatures.
(f) Toxic chemicals and cleaning agents, such
				  as insecticides, fertilizers, bleaches and all other poisons, shall be properly
				  labeled and securely stored apart from any food supplies.
(g) Rooms used for the stored food and
				  supplies shall be well ventilated.
(h) All persons who prepare food shall wash
				  their hands with soap and water prior to food preparation and
				  cooking.
(i) A kitchen sink with
				  hot and cold running water and soap shall be available for washing dishes,
				  equipment, and utensils.
(j)
				  Potable water from an approved source shall be provided to all
				  fixtures.
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 11-100.1-17 - Records and reports

Current through June, 2024
(a) The licensee or
				  primary care giver shall maintain individual records for each resident. On
				  admission, readmission, or transfer of a resident there shall be made available
				  by the licensee or primary care giver for the department's review:
(1) Documentation of primary care giver's
				  assessment of resident upon admission;
(2) Recording of identifying information such
				  as resident's name, social security number, racial extraction, marital status,
				  date of birth, sex, and minister or religious denomination, and information
				  about medical plan or coverage;
(3)
				  Documentation of date of referral and admission, referral agency with address
				  and telephone number, place or source from which admitted, physician, APRN,
				  dentist, ophthalmologist, optometrist, psychiatrist, and all other medical or
				  social service professionals who are currently treating the resident, next of
				  kin, legal guardian, surrogate or other legally responsible agency;
(4) A report of a recent medical examination
				  and current diagnosis taken within the preceding twelve months and report of an
				  examination for tuberculosis. The examination for tuberculosis shall follow
				  current departmental policies;
(5)
				  Copy of advanced directive, as available;
(6) Physician or APRN signed orders for diet,
				  medications, and treatments;
(7)
				  Height and weight measurements taken; and
(8) A current inventory of money and
				  valuables.
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 11-100.1-18 - Recreational, rehabilitative programs, and social services

Current through June, 2024
(a) Residents shall be up and out of bed and
				  appropriately dressed daily, unless physician or APRN orders indicate
				  otherwise.
(b) The primary care
				  giver shall provide social and recreational activities for residents on a
				  regular basis and shall encourage participation in activities according to the
				  resident's interests, needs, and capabilities.
(c) Residents shall be encouraged to
				  participate in work, educational, recreational, social, and health activities
				  provided by community agencies.
(d)
				  The primary care giver shall recognize the need for and provide a warm,
				  emotionally accepting atmosphere to residents. Residents shall be included, as
				  much as possible, in all aspects of family and community life to help foster a
				  greater sense of belonging, as relating to the social model.
(e) Visits with relatives and friends shall
				  be encouraged.
(f) The primary care
				  giver shall provide the resident with access to a radio, television and
				  telephone.
(g) The primary care
				  giver shall arrange and provide for appropriate social services through
				  private, public or community resources.
(h) The primary care giver shall arrange or
				  provide means of transportation for residents for:
(1) Visits to physician, APRN and other
				  medical providers;
(2) Transfer to
				  another facility; and
(3)
				  Participation in activities outside the Type I ARCH.
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 11-100.1-19 - Resident accounts

Current through June, 2024
(a) The conditions
				  under which the primary care giver agrees to be responsible for the resident's
				  funds or property shall be explained to the resident and the resident's family,
				  legal guardian, surrogate or representative and documented in the resident's
				  file. All single transfers with a value in excess of one hundred dollars shall
				  be supported by an agreement signed by the primary care giver and the resident
				  and the resident's family, legal guardian, surrogate or
				  representative.
(b) Individuals
				  associated with the ownership or operation of a Type I ARCH, the licensee, and
				  the primary care giver shall not serve as guardian, power of attorney, or
				  trustee of the resident or resident's estate.
(c) The primary care giver shall be permitted
				  to become a representative payee under conditions prescribed by the Social
				  Security Administration.
(d) An
				  accurate written accounting of resident's 'money and disbursements shall be
				  kept on an ongoing basis, including receipts for expenditures, and a current
				  inventory of resident's possessions.
(e) The resident's personal property kept by
				  the primary care giver for safekeeping shall be released, upon request, to the
				  resident, or if the resident is incompetent, to the duly appointed legal
				  guardian, surrogate or responsible agency. This transaction shall be documented
				  in writing.
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 11-100.1-20 - Resident health care standards

Current through June, 2024
(a) The primary and
				  substitute care giver shall provide health care within the realm of the primary
				  or substitute care giver's capabilities for the resident as prescribed by a
				  physician or APRN.
(b) The primary
				  and substitute care giver shall utilize standard precautions in the provision
				  of personal care to the residents.
(c) The primary and substitute care giver
				  shall be able to recognize, record, and report to the resident's physician or
				  APRN significant changes in the resident's health status including, but not
				  limited to, convulsions, fever, sudden weakness, persistent or recurring
				  headaches, voice changes, coughing, shortness of breath, changes in behavior,
				  swelling limbs, abnormal bleeding, or persistent or recurring pain.
(d) When the resident has experienced a
				  significant change in mental or physical well-being, a prompt report shall be
				  made and provided to the resident's physician or APRN, by the primary or
				  substitute caregiver. Any change in physician or APRN orders shall be promptly
				  carried out.
(e) Arrangements shall
				  be made by the primary care giver for annual dental examinations. Arrangements
				  shall be made by the primary or substitute care giver for emergency dental
				  examinations.
(f) Residents shall
				  be accompanied by an adult to emergency rooms and other medical care facilities
				  with all available resident records.
(g) Payment for all medical and dental
				  treatment shall be the responsibility of the resident or responsible
				  agency.
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 11-100.1-21 - Residents' and primary care givers' rights and responsibilities

Current through June, 2024
(a) Residents' rights and responsibilities:
(1) Written policies regarding the rights and
				  responsibilities of residents during the stay in the Type I ARCH shall be
				  established and a copy shall be provided to the resident and the resident's
				  family, legal guardian, surrogate, sponsoring agency or representative payee,
				  and to the public upon request. The Type I ARCH policies and procedures shall
				  provide that each individual admitted shall:
(A) Be fully informed orally or in writing,
				  prior to or at the time of admission, of these rights and of all, rules
				  governing resident conduct. There shall be documentation signed by the resident
				  that this procedure has been carried out;
(B) Be fully informed that interpreter
				  services including but not limited to translation, sign language or visual
				  services will be provided if the resident requires such services. Should the
				  resident require the assistance of an interpreter, the licensee or primary care
				  giver shall attempt to facilitate reasonable accommodations for interpreter
				  services including but not limited to translation, sign language or visual
				  services. The cost for interpreter services shall not be the responsibility of
				  the licensee or primary care giver.
(C) Be fully informed orally and in writing,
				  prior to or at the time of admission, and during stay, of services available in
				  or through the Type I ARCH and of related charges, including any charges for
				  services not covered by the Type I ARCH'S basic per diem rate; and
(D) Be given advance written notice, of not
				  less than thirty days, of involuntary transfer or discharges, except in an
				  emergency.
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 11-100.1-22 - Transfer and discharge of residents

Current through June, 2024
(a) Except as
				  provided in subchapter 6 of this chapter, written notice of a resident's
				  transfer to an appropriate facility or discharge to another living arrangement
				  or transfer within the Type I ARCH shall be given no less than thirty days
				  prior to transfer or discharge except in case of an emergency, to the resident,
				  the resident's family, the resident's legal guardian, surrogate or
				  representative, and the case manager when:
(1) Ordered by the resident's physician or
				  APRN;
(2) Physical or mental
				  changes of the resident necessitates services which cannot be provided in the
				  existing Type I ARCH;
(3) Physical
				  or mental changes of the primary care giver resulting in the inability of the
				  primary care giver to provide the service;
(4) Resident wishes to transfer; or
(5) Primary care giver wishes to transfer the
				  resident for just cause.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-51 - Applicability

Current through June, 2024
In addition to the requirements in Subchapter 1 Type I
					 ARCH, the following requirements shall apply to Type II
					 ARCHs.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-52 - Primary care giver requirements

Current through June, 2024
The licensee of a Type II ARCH facility acting as the
					 administrator or the individual that the licensee has designated as the
					 administrator, in addition to the requirements in section
					 11-100.1-8(a),
					 shall:
(1) Have at least two years
				  experience, in a management capacity, in the areas of housing, health care and
				  personal care services or any combination thereof;
(2) Have knowledge of generally acceptable
				  accounting principles;
(3) Have
				  training or experience in supervisory management;
(4) Have knowledge of purchasing of large
				  volumes of food and meal preparation, as appropriate;
(5) Have knowledge of infection control
				  procedures in relation to resident care, personnel and handling of large volume
				  of laundry, as appropriate; and
(6)
				  Be accountable for providing training for all facility personnel in the
				  provision of resident care in conjunction with the principles of the social
				  model.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-53 - Personnel and staffing requirements

Current through June, 2024
(a) Personnel
				  policies shall be developed and maintained indicating staff orientation and in
				  service training, job descriptions, staff qualifications, job requirements for
				  each class of employees, code of conduct and other pertinent personnel
				  information.
(b) All Type II ARCHs
				  shall have available an administrator to provide direct overall management and
				  oversight of staff and residents.
(c) All Type II ARCHs shall have available a
				  registered nurse to provide direct management and oversight of residents and
				  direct care staff. The registered nurse shall provide assessments of residents
				  with appropriate training and oversight of staff to ensure that resident needs
				  are met.
(d) An adequate number of
				  qualified staff, as determined by the department, shall be on duty twenty-four
				  hours a day.
(e) At least one staff
				  member of each shift shall be a nurse aide.
(f) There shall be a designated and properly
				  trained person to make prescribed medications available and to perform
				  treatments under the general supervision or direction of a licensed nurse or
				  who meets the requirements as set forth in section 11-100.1-8(a).
(g) No staff shall work more than two
				  consecutive eight hour shifts within a twenty four hour period.
(h) The administrator, primary care giver and
				  substitute care givers shall attend and successfully complete a minimum of six
				  hours of training sessions per year which shall include but not be limited to
				  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.
(i)
				  All in service training and other educational experiences for employees and
				  primary and substitute care givers shall be documented and kept
				  current.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-54 - General operational policies

Current through June, 2024
In addition to the requirements in section
					 11-100.1-7, the Type II ARCH shall
					 have general operational policies on the following topics:
(1) Nursing services, delegation and staffing
				  pattern/ratio;
(2) Medication
				  administration;
(3) Drug storage,
				  disposal, safety and quality control;
(4) Medical emergencies, outlining situations
				  or circumstances which would warrant contacting a registered nurse, physician
				  or emergency medical personnel;
(5)
				  Use of restraints, outlining assessment processes, indications for use,
				  monitoring and evaluation;
(6)
				  Resident rights, including system for administering resident funds and covered
				  and non-covered items;
(7) Meal
				  planning, food purchase, meal preparation and service, and referral and use of
				  consultant registered dietitian;
(8) Abuse, neglect, and exploitation of
				  residents, process for reporting and investigation;
(9) Resident assessment indicating assessment
				  process, care plan development, evaluation and prevention of negative outcomes.
				  Procedures will also identify process for referral and follow-up when changes
				  in resident status occur; and
(10)
				  Storage and disposal of hazardous and infectious waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-55 - Nutrition and food sanitation

Current through June, 2024
In addition to the requirements in section
					 11-100.1-13 the following shall
					 apply to all Type II ARCHs:
(1) A
				  registered dietitian shall be utilized to assist in the planning of menus, and
				  provide nutritional assessments for those residents identified to be at
				  nutritional risk or on special diets. All consultations shall be
				  documented;
(2) All consultant
				  dietitians shall provide special diet training for food preparation staff and
				  ensure staff competency; and
(3)
				  All Type II ARCHs shall be in compliance with Hawaii Administrative Rules
				  Chapter
				  11-12.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 3 - TYPE II ARCH › Section 11-100.1-56 - Physical environment

Current through June, 2024
(a) In addition to
				  the requirements in section 11-100.1-23, all Type II ARCH shall satisfy the
				  requirements of this section.
(b)
				  Type II ARCH that was licensed prior to 1986 and cannot fully comply with the
				  current county building and fire codes shall continue to be licensed as long as
				  all residents are ambulatory and the ownership remains the same unless the
				  director determines that failing to meet the requirements of these rules would
				  jeopardize the health and safety of the residents in the Type II
				  ARCH.
(c) Except as provided in
				  subsection (a), Type II ARCHs shall be in compliance with the requirements for
				  Group I occupancies as defined in the Uniform Building Code and as detailed in
				  applicable chapters of the NFPA 101 Life Safety Code adopted by reference by
				  the state fire code and respective county fire codes. Compliance shall include
				  but are not limited to the following:
(1) All
				  exits in Type II ARCHs shall be lighted from sunset to sunrise and under other
				  conditions required by applicable provisions of the state and county fire
				  codes;
(2) Night lighting shall be
				  provided in hallways and bathrooms; and
(3) An approved secondary source of power
				  (generator or battery operated) for emergency lighting of exits shall be
				  operational at all times.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-78 - Applicability

Current through June, 2024
In addition to the requirements in Subchapter 1 Type I
					 ARCH and Subchapter 2 Type II ARCH, the following requirements will apply to
					 expanded ARCHs..
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-79 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a category
					 of ARCHs qualified to serve nursing facility level residents.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-80 - Licensing

Current through June, 2024
(a) In addition to the requirements in
				  section 11-100.1-3(a), every applicant for an expanded ARCH license shall be
				  licensed as an ARCH and shall have been operating satisfactorily for a minimum
				  of six months prior to applying for expanded ARCH licensure.
(b) Each expanded ARCH shall be inspected
				  prior to licensure to determine its capability for accommodating residents who
				  are not capable of self-preservation.
(c) Prior to determining eligibility of an
				  applicant, all existing waivers in the ARCH shall be subject to review by the
				  department.
(d) Policies and
				  procedures shall be developed by the licensee to meet the provisions of this
				  chapter.
(e) At no time shall the
				  total bed capacity of the expanded ARCH exceed the licensed capacity under the
				  original ARCH license.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-81 - Minimum structural requirements

Current through June, 2024
(a) In addition to
				  the requirements in section 11-100.1-23 and section 11-100.1-56, the expanded
				  ARCH shall satisfy the requirements of this section.
(b) All signaling devices shall be approved
				  by the department and installed at bedside, in bathrooms, toilet rooms, and
				  other areas where expanded ARCH residents may be left alone. All such signaling
				  devices shall be approved by the department. In expanded ARCHs where the
				  primary care giver and expanded ARCH residents do not reside on the same floor
				  or when other signaling mechanisms are deemed inadequate, electronic signaling
				  systems shall be installed.
(c)
				  Every interior door, when locked, shall permit opening from the outside with
				  the use of a common tool or implement.
(d) Door locks or other devices shall not be
				  installed to restrict the free movement or use of exits by the expanded ARCH
				  residents.
(e) There shall be
				  interior stairways in a multistory structure.
(f) If swimming pools are located on expanded
				  ARCH property, there shall be a solid pool cover with a key lock approved by
				  the department or a fence six feet in height which completely encloses the
				  pool. The pool cover shall be locked onto the pool or the gate to the pool
				  shall be locked at all times unless the pool is being used, in which case,
				  proper supervision of expanded ARCH residents shall be provided to assure
				  resident safety.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-82 - Primary care giver requirements

Current through June, 2024
(a) In addition to
				  requirements in section 11-100.1-8(a) this section shall apply.
(b) The primary care giver shall be approved
				  by the department to provide special diets.
(c) The licensee shall provide staff on duty
				  twenty four hours of each day sufficient and trained to meet the needs of
				  expanded ARCH residents and to carry out the responsibilities based on the
				  expanded ARCH resident's care plan.
(d) The licensee shall submit a plan, which
				  must be approved by the department detailing the process by which the expanded
				  ARCH will arrange for the services of a registered nurse and case manager, the
				  role and responsibilities of the registered nurse, case manager, and care
				  givers and how training of the primary and substitute care givers will be
				  ensured.
(e) Licensees shall submit
				  the name of the trained substitute care givers at the time of application and
				  as changes occur.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-83 - Personnel and staffing requirements

Current through June, 2024
In addition to the requirements in subchapter 2 and
					 3:
(1) A registered nurse other than
				  the licensee or primary care giver shall train and monitor primary care givers
				  and substitutes in providing daily personal and specialized care to residents
				  as needed to implement their care plan;
(2) The licensee of a Type I expanded ARCH
				  shall provide a primary care giver who shall:
(A) Reside in the expanded ARCH or employ or
				  otherwise engage by contract a qualified primary care giver in those homes in
				  which the licensee does not reside; and
(B) Be a nurse aide or licensed
				  nurse.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-84 - Admission requirements

Current through June, 2024
(a) Licensees of an
				  expanded ARCH shall admit nursing facility level residents as determined and
				  certified by the resident's physician or APRN.
(1) A Type I expanded ARCH shall provide
				  services to no more than two nursing facility level residents at any one time
				  provided that more nursing facility level residents may be allowed at the
				  discretion of the department; and
(2) A Type II expanded ARCH shall provide
				  services to nursing facility level residents not to exceed twenty percent of
				  the licensed capacity, provided that more nursing facility residents may be
				  allowed at the discretion of the department;
provided further that the department shall exercise its
					 discretion for a resident presently residing in a Type I or Type II home to
					 allow the resident to remain as an additional nursing facility resident based
					 upon the best interest of the resident. The best interest of the resident shall
					 be determined by the department after consultation with the resident, the
					 resident family, primary physician, case manager, primary care giver and home
					 operator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-85 - Transfer and discharge of expanded ARCH residents

Current through June, 2024
(a) All transfers and discharges of expanded
				  ARCH residents shall be coordinated with the resident, resident's family or
				  surrogate, resident's case manager, primary care giver or licensee and
				  resident's physician or APRN. The licensee or primary care giver shall assist
				  with the transfer or discharge.
(b)
				  If the licensee requests transfer of the expanded ARCH resident, a written
				  request stating the reason for the transfer shall first be made to the
				  resident, resident's family or surrogate, resident's case manager and physician
				  or APRN no less than thirty days prior to the desired date of
				  transfer.
(c) Thirty days written
				  notice shall not be required for emergency transfers, discharges, or if
				  mutually agreed upon by resident, licensee, and case manager.
(d) If the resident, resident's family or
				  surrogate wishes to have the resident transferred, notice of no less than
				  fourteen days shall be provided to the primary care giver.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-86 - Fire safety

Current through June, 2024
(a) A Type I
				  expanded ARCH shall be in compliance with existing fire safety standards for a
				  Type I ARCH, as provided in section 11-100.1-23(b), and the following:
(1) Locking devices for room doors shall be
				  readily opened by the occupant from inside the room without the use of a key or
				  special knowledge. Push button locks shall automatically pop open upon turning
				  of the doorknob;
(2) Resident's
				  sleeping room doors shall be self closing;
(3) Fire drills shall be conducted and
				  documented at least monthly under varied conditions and times of day;
(4) Hard wired smoke detectors shall be
				  approved by a nationally recognized testing laboratory and all shall be tested
				  at least monthly to assure working order;
(5) In the residents' area, a hard wired
				  smoke detector shall be located in the hallway outside of the resident sleeping
				  rooms and also in the living/activity room. Hard wired or battery operated
				  smoke detectors, or both, shall also be located in all resident sleeping
				  rooms;
(6) In a one-story
				  structure, a hard wired smoke detector shall separate the expanded ARCH
				  resident area from the care giver's living area; and
(7) In a multi-story home, a hard wired smoke
				  detector shall be in the care giver's living area or hallway outside the
				  sleeping rooms and at the top of the interior stairway landing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-87 - Personal care services

Current through June, 2024
(a) The primary
				  care giver shall provide daily personal care and specialized care to an
				  expanded ARCH resident as indicated in the care plan. The care plan shall be
				  developed as stipulated in section 11-100.1-2 and updated as changes occur in
				  the expanded ARCH resident's care needs and required services or
				  interventions.
(b) The expanded
				  ARCH shall provide an ongoing program of recreational and social activities
				  designed to meet, in accordance with the comprehensive assessment, the
				  interests and the physical, mental, psycho-social well being of each resident,
				  and shall be documented in the care plan.
(c) The primary care giver shall, in
				  coordination with the case manager, make arrangements for each expanded ARCH
				  resident to have:
(1) Annual physical and
				  dental examinations;
(2)
				  Pneumococcal and influenza vaccines and any necessary immunizations following
				  the recommendations of the Advisory Committee of Immunization Practices (ACIP);
				  and
(3) Visits to the physician
				  every four months or more frequently to ensure adequate medical
				  supervision.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-88 - Case management qualifications and services

Current through June, 2024
(a) Case management services shall be
				  provided for each expanded ARCH resident to plan, locate, coordinate and
				  monitor comprehensive services to meet the individual resident's needs based on
				  a comprehensive assessment. Case management services shall be provided by a
				  registered nurse who:
(1) Possesses a
				  bachelor's degree in nursing and current license to practice in the State of
				  Hawaii; and
(2) Has at least two
				  years experience with client care coordination responsibilities and possesses
				  knowledge and skills pertaining to the long term care needs of the geriatric
				  population. The department may allow substitution of two additional years of
				  client care coordination experience for a bachelor's degree.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-89 - Medications

Current through June, 2024
In addition to the requirements in subchapter 2 and
					 subchapter 3, the following shall apply to an expanded ARCH:
(1) Injectable medications shall be
				  administered by a licensed nurse, unless physician orders permit an expanded
				  ARCH resident to self-inject. The registered nurse case manager may delegate
				  this task according to rules established by the Board of Nursing. The licensee
				  or primary care giver shall maintain written policies and procedures outlining
				  this responsibility; and
(2) The
				  primary care giver shall obtain training, relevant information, and regular
				  monitoring from the expanded ARCH resident's physician, a home health agency,
				  or a registered nurse case manager for any and all specific medications that
				  the expanded ARCH resident requires.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 4 - EXPANDED ARCH › Section 11-100.1-90 - Expanded ARCH resident's rights

Current through June, 2024
In addition to the resident's rights in section
					 11-100.1-21, the expanded ARCH
					 resident shall have the right to:
(1)
				  Be fully informed, orally and in writing, prior to or at the time of admission,
				  of individual rights and responsibilities and of all rules governing expanded
				  ARCH resident conduct. There shall be documentation that a copy of this
				  document has been received, acknowledged, and signed by the expanded ARCH
				  resident, expanded ARCH resident's family, legal guardian, surrogate or
				  representative. Should the resident require the assistance of an interpreter,
				  the licensee shall ensure that interpreter services including but not limited
				  to translation, sign language or visual services are provided;
(2) Immediate transfer effected through the
				  case manager, when the expanded ARCH resident's health and safety is
				  threatened, which shall trigger a waiver of the thirty day minimum notice
				  requirement for transfers or discharges;
(3) Immediate transfer effected through the
				  case manager, when the expanded ARCH resident's health and safety is
				  threatened, which shall trigger a waiver of the fourteen day minimum notice
				  requirement for transfers, requested by the resident, the resident's family or
				  surrogate;
(4) Choose a primary
				  physician or APRN and case manager; and
(5) Be afforded privacy curtains or screens
				  when required to share a room with another resident.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 5 - PROFESSIONAL MISCONDUCT › Section 11-100.1-91 - Professional misconduct

Current through June, 2024
(a) The department
				  shall take action, as specified in subchapter 6, against any licensee, primary
				  care giver or substitute care giver who is guilty of misconduct or employs or
				  houses any persons guilty of misconduct that has been brought to the
				  department's attention.
(b)
				  Misconduct includes, but is not limited to, the following:
(1) Procurement of license by fraud or
				  misrepresentation;
(2) Gross
				  negligence;
(3) Repeated negligent
				  acts;
(4) Mental or clinical
				  incompetence;
(5) Any conduct that
				  has endangered or is likely to endanger the health, safety, or welfare of the
				  residents;
(6) Habitual
				  intemperance in the use of alcohol or drugs;
(7) Conviction of a crime which is
				  substantially related to the qualifications, functions, or duties of an
				  individual providing care to residents;
(8) The conviction of a felony or
				  misdemeanor, or petty misdemeanor involving moral turpitude, dishonesty, or
				  corruption, whether or not the act is committed in the course of the
				  individual's activities as one providing care to residents. The department may
				  order a license to be suspended, limited or revoked, or may decline to issue a
				  license when the time for appeal has elapsed, or when the judgment of
				  conviction has been confirmed on appeal;
(9) Violation of any law regulating the
				  dispensing or administration of narcotics, dangerous drugs, or controlled
				  substances;
(10) Violating or
				  attempting to violate, directly or indirectly, or assisting in, or abetting in,
				  the violation of, or conspiring to violate any provision or term of chapter
				  321, HRS, this chapter, or any lawful order of the department;
(11) Making or giving false statement of
				  information in connection with an application for issuance of a
				  license;
(12) Aiding or abetting an
				  unlicensed person to operate an ARCH or expanded ARCH as defined by chapter
				  321, HRS, and this chapter; and
(13) Conduct or character likely to deceive
				  or defraud the public.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 6 - ADMINISTRATIVE ENFORCEMENT › Section 11-100.1-92 - Enforcement

Current through June, 2024
(a) If the department determines that any
				  person has violated any provision of this chapter, any provision of chapter
				  321, HRS, or any term or condition of a license issued pursuant to this
				  chapter, the department shall do one or more of the following:
(1) Issue an order assessing an
				  administrative penalty for any past or current violation; or
(2) Require compliance immediately or within
				  a specific time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 6 - ADMINISTRATIVE ENFORCEMENT › Section 11-100.1-93 - Emergency procedures

Current through June, 2024
(a) If the
				  department determines that the licensee, primary care giver, staff or other
				  household member has subjected a resident to abuse, neglect, or financial
				  exploitation, the department at its discretion may order the immediate
				  discontinuance of the ARCH or expanded ARCH and revoke the license issued
				  pursuant to this chapter. The order shall be immediately effective and shall
				  designate the date for the discontinuance of the ARCH or expanded ARCH. The
				  department shall provide written notice of the order to the licensee by
				  certified mail prior to the date of discontinuance. The department may assist
				  in the coordination and arrangement for orderly transfer and discharge of
				  residents.
(b) The department shall
				  provide an opportunity for a hearing within twenty four hours after service of
				  the order. If a hearing is not provided as requested, a stay in the
				  department's decision will be provided until a hearing can be
				  conducted.
(c) Any hearing
				  conducted under this section shall be conducted as a contested case hearing
				  under chapter
				  91, HRS. If after a hearing held
				  pursuant to this section, the director finds that the violation or violations
				  have occurred, the director shall affirm or modify any penalties imposed or
				  shall modify or affirm the order previously issued or issue an appropriate
				  order or orders as may be appropriate. If, after the hearing on an order or
				  penalty contained in a notice, the director finds that no violation has
				  occurred or is occurring, the director shall rescind the order or penalty or
				  both.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 6 - ADMINISTRATIVE ENFORCEMENT › Section 11-100.1-94 - Penalties

Current through June, 2024
In addition to any other action to enforce these rules,
					 the director may initiate procedures for invoking penalties as provided in
					 chapter
					 321, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 6 - ADMINISTRATIVE ENFORCEMENT › Section 11-100.1-95 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, the remainder of this
					 chapter, or the application of the provision to other persons or circumstances,
					 shall not be affected thereby.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 100.1 - ADULT RESIDENTIAL CARE HOMES › Subchapter 6 - ADMINISTRATIVE ENFORCEMENT › Section 11-100.1-96 - Transition

Current through June, 2024
Adult residential care homes licensed at the time of
					 adoption of these rules shall have a period of nine months to institute
					 required changes or requirements as set forth in this
					 chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish fees for the
				  initial issuance by the department of a license or certificate of approval to a
				  health care facility or health care agency, and the renewal of a health care
				  facility's or health care agency's license or certificate of
				  approval.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-3 - Method and manner of payment

Current through June, 2024
(a) An applicant
				for a license or certificate, or a license or certificate renewal, shall pay to
				the department applicable fees in U.S. dollars as set forth in sections
				11-103.1-4, 11-103.1-5, and 11-103.1-6. The department shall issue no license
				or certificate to an applicant unless all applicable fees required by this
				chapter have been paid in full.
(b)
				All license fees collected pursuant to this chapter shall be paid by corporate
				check, bank or other financial institution check, or money order made payable
				to the order of 'State of Hawaii OHCA SF", or electronically, if the method is
				available, and are non-refundable. No applicant or licensee shall pay fees by
				personal check or cash and neither personal checks nor cash shall be accepted
				by the department.
(c) Payment
				using value added electronic services provided through an electronic portal
				manager may incur a separate fee.
(d) Each dishonored check or insufficient
				funds shall be considered a failure to pay and shall constitute an incomplete
				application for initial licensure or licensure renewal, or initial
				certification or certificate renewal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-4 - Initial licensure and licensure renewal fees and initial certification and certificate renewal fees

Current through June, 2024
(a) All fees
				adopted in this chapter shall be effective thirty days after the effective date
				of this chapter. All fees adopted by an amendment to this chapter shall be
				effective thirty days after the effective date of the amendment to this
				chapter.
(b) The department adopts
				the fees set forth in the following fee schedules:
(1) Exhibit A entitled, "Initial Licensure
				and Certification Fee Schedule", dated 8/1/21, located at the end of this
				chapter, which is made a part of this section; and
(2) Exhibit B entitled, "Licensure and
				Certification Renewal Fee Schedule", dated 8/1/21, located at the end of this
				chapter, is made a part of this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-5 - Initial licensure and certification fee requirements

Current through June, 2024
(a) The department shall conduct a survey
				prior to the issuance of each initial license and certificate. Following the
				licensure or certification survey, the department shall notify the prospective
				licensee in writing either that the prospective licensee is in full compliance
				with initial licensure or certification requirements, or that the prospective
				licensee is required to address certain deficiencies in a written plan of
				correction.
(b) The prospective
				licensee in full compliance shall deliver, or if available, electronically
				submit to the department within ten days of its receipt of the department's
				notice, its payment of the initial licensure or certification fee required by
				this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-6 - Licensure renewal and certification renewal fee requirements

Current through June, 2024
(a) A licensee shall pay the license or
				certificate renewal fee at least thirty days before the license or certificate
				renewal date.
(b) The department
				may extend the term of a license or certificate that is due to renew prior to
				the license or certificate renewal date to complete the administrative
				processing of the license or certificate renewal application form provided the
				licensee has paid the applicable fee.
(c) Failure, neglect, or refusal of any
				licensee to pay the licensure or certification renewal fee as directed by the
				department shall constitute a forfeiture of the license or certificate
				effective on the licensure or certificate renewal date.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Section 11-103.1-7 - Deposit of fees

Current through June, 2024
The department shall deposit all fees paid to the department
				  pursuant to this chapter into the office of health care assurance special
				  fund.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 103.1 - LICENSURE AND CERTIFICATION FEES FOR HEALTH CARE FACILITIES AND AGENCIES › Exhibit A

Current through June, 2024
HAR CHAPTER 11-103.1
Initial Licensure and Certification Fee Schedule
5/1/22
Facility or Service
Initial Licensure and Certification
							 Fee (in $USD)
Adult Day Care Center
1,000
Adult Residential Care Home Type I
350
Adult Residential Care Home Type II
350
Assisted Living Facility
1,000
Broad Service Hospital or Hospital
1,500 plus
15 per bed
Clinical Laboratory
150
Community Care Foster Family Home
200
Developmental Disability Domiciliary
							 Home
325
Expanded Adult Residential Care Home Type
							 I
350
Expanded Adult Residential Care Home Type
							 II
350
Freestanding Adult Day Health Center
1,400
Freestanding Birthing Center
2,000
Freestanding Outpatient Surgical
							 Facility
3, 500
Home and Community Based Case Management
							 Agency
175
Home Care Agency
1,500
Home Health Agency
2,750
Intermediate Care Facility for Individuals with
							 Intellectual Disabilities
1,100 plus
12 per bed
Intermediate Care Facility (ICF), Skilled Nursing
							 Facility (SNF), ICF/SNF, or Nursing Facility (NF)
1,300 plus
12 per bed
Special Treatment Facility
400
Therapeutic Living Program
400