reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 6 - HOME AND COMMUNITY-BASED SERVICES PROVIDERS › Section 11-88.1-29 - Providers of home and community-based services

Current through June, 2024
(a) Any willing provider that meets the
				  qualifications defined in the home and community-based services waiver as set
				  forth in the DDD Medicaid Waiver Provider Standards Manual and the standards
				  established by the division may submit a written request to the division to
				  become a provider.
(b) With the
				  exception of contractors for environmental accessibility adaptations, vehicle
				  modifications, specialized medical equipment and supplies, assistive
				  technology, personal emergency response system, and consumer directed service
				  providers; all providers shall sign a Medicaid provider agreement with the
				  department of human services.
(c) A
				  provider shall comply with all applicable federal, state, and local laws,
				  ordinances, rules, regulations and licensing requirements.
(d) A provider shall comply with all provider
				  division and program standards at all times. The division may apply nationally
				  recognized standards and principles as its program standards.
(e) A provider shall obtain and maintain
				  liability insurance with respect to the provider's operation of a home or
				  facility in a coverage amount deemed sufficient and appropriate by the division
				  and provide proof of such insurance on an annual basis .
(f) A provider who transports participants
				  shall obtain and maintain automobile insurance in a coverage amount deemed
				  sufficient and appropriate by the division and provide proof of such insurance
				  on an annual basis.
(g) The
				  division shall designate monitoring teams to determine compliance with program
				  and fiscal standards.
(h) A
				  provider's Medicaid provider agreement with the department of human services
				  shall be terminated when the provider fails to provide home and community-based
				  services in accordance with the terms set forth in the Medicaid provider
				  agreement.
(i) A provider's
				  Medicaid provider agreement with the department of human services may be
				  terminated when the provider fails to comply with division and program
				  standards applicable to providers.
(j) A provider shall recognize and protect
				  the rights of persons applying for or receiving services at all
				  times.
(k) A provider shall keep
				  confidential all records, applications, reports, certificates or other
				  documents made for the purposes of these rules which directly or indirectly
				  identify a person subject hereto, pursuant to the provisions of section
				  333E-6,
				  HRS and federal law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 6 - HOME AND COMMUNITY-BASED SERVICES PROVIDERS › Section 11-88.1-30 - Corrective action

Current through June, 2024
(a) When the department of human services or
				  the division determines that a provider has failed or is unable to comply with
				  the applicable requirements of the Medicaid provider agreement, the department
				  of human services or the division shall notify the provider in writing of the
				  specific areas of noncompliance and may do one or more of the following:
(1) Establish a specific time frame for the
				  correction of each area of noncompliance and require submission of an
				  acceptable written corrective action plan from the provider that addresses each
				  area of noncompliance; or
(2) Where
				  a provider fails to meet standards through a corrective action plan, the
				  division and the department of human services may suspend the provider's
				  certification to participate in the waiver program for all or new
				  participants.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 6 - HOME AND COMMUNITY-BASED SERVICES PROVIDERS › Section 11-88.1-31 - Other basic service requirements

Current through June, 2024
(a) Providers of home and community-based
				  services shall establish and implement written policies and procedures that
				  govern access to, duplication of, and dissemination of information from
				  applicants' and participants' records.
(b) The following information about
				  applicants and participants shall not be released to outside parties other than
				  the division, the department of human services and their assigned
				  representatives or contractors, or as required or allowed by federal and state
				  laws:
(1) Names and addresses;
(2) Eligibility status, the amount of
				  assistance, or both;
(3) Medical
				  services provided;
(4) Social and
				  economic conditions or circumstances;
(5) The department of human services or
				  division's evaluation of personal information;
(6) Medical data, including diagnosis and
				  past history of disease or disability; and
(7) Other information as required by the
				  division.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-34 - Purpose

Current through June, 2024
This subchapter is established to provide, subject to the
					 availability of state funding, state services for citizens of Compact of Free
					 Association (COFA) nations and legal permanent residents admitted to the United
					 States for less than five years who are age nineteen years and older and
					 lawfully present in the state, who would be eligible for services for persons
					 with developmental or intellectual disabilities but for citizenship
					 status.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-35 - Scope

Current through June, 2024
Sections
					 11-88.1-6, 11-88.1-18, 11-88.1-20
					 shall not apply to this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-36 - Definitions

Current through June, 2024
All terms defined in chapter
					 11-88.1, shall have the same meaning
					 when used in this subchapter. Additionally, as used in this subchapter:
"Compact of Free Association (COFA) nations" means the
					 Federated States of Micronesia, the Republic of the Marshall Islands and the
					 Republic of Palau.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-37 - Eligibility requirements

Current through June, 2024
(a) An individual
				  requesting home and community-based services under this subchapter must:
(1) Meet the basic eligibility requirements
				  described in section
				  11-88.1-5 with the exception of
				  the citizenship requirements;
(2)
				  Meet the basic financial eligibility requirements described in chapters
				  17-1717, 17-1718, 17-1719 or 17-1730.1 with the exception of citizenship
				  requirements;
(3) Be an alien who
				  is not eligible for federal medical assistance and is either:
(A) A citizen of a COFA nation; or
(B) A legal permanent resident, admitted to
				  the United States for less than five years who is lawfully present in the
				  state;
(4) Be age
				  nineteen years or older; and
(5)
				  Not be pregnant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-38 - Decrease or termination of services

Current through June, 2024
(a) Services for a
				  participant eligible for home and community-based services under this
				  subchapter may be decreased or terminated for the following reasons:
(1) The participant meets the requirements
				  for decrease or termination of services as outlined in section
				  11-88.1-10(a);
(2) Lack of state funds;
(3) This program is terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-39 - Termination of eligibility

Current through June, 2024
A participant's eligibility for home and community-based
					 services under this subchapter shall be terminated for any of the following
					 reasons:
(a) The participant meets the
				  requirements for termination of division services as outlined in section
				  11-88.1-9(a);
(b) Lack of state funds;
(c) This program is terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-40 - Scope of services

Current through June, 2024
(a) Services and
				  support administered or provided by the division for persons with developmental
				  or intellectual disabilities eligible for services under this subchapter may
				  include the services and support as outlined in section
				  11-88.1-15(a).
(b) Programs and services provided to
				  participants eligible for services under this subchapter shall be limited to
				  the amount of resources allocated or available for the purposes of this
				  subchapter.
(c) When a person
				  cannot be served due to the unavailability of appropriate providers, necessary
				  funding, or both, the division shall assist the person in finding other
				  community or department resources.
(d) Home and community-based services
				  provided to participants eligible for services under this subchapter include
				  any service as outlined in section
				  11-88.1-15(d).
(e) Consumer-directed services provided to
				  participants eligible for services under this subchapter include services as
				  outlined in section
				  11-88.1-15(e).
(f) All home and community-based services
				  provided to participants eligible under this subchapter shall be authorized by
				  the division and included in the participant's written ISP.
(g) All home and community-based service
				  provided to participants eligible under this subchapter shall be subject to the
				  same limits and conditions as contained in the Medicaid waiver.
(h) The utilization review committee shall
				  review services for the authorization of services above or below the service
				  limitations or conditions.
(i) Home
				  and community-based services shall not be provided to a participant eligible
				  for services under this subchapter under the following conditions:
(1) The conditions outlined in section
				  11-88.1-15(i);
(2) Lack of state funds;
(3) This program is terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 7 - RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.1-41 - Suspension, reduction (decrease) or termination of division services

Current through June, 2024
(a) A person eligible for services under this
				  subchapter may appeal the suspension, reduction (decrease), or termination of
				  division services by following any of the steps outlined in section
				  11-88.1-19.
(b) A person eligible
				  for services under this subchapter may not appeal when the suspension,
				  reduction (decrease), or termination of division services:
(1) Is due to a lack of state
				  funds;
(2) Is due to the
				  termination or repeal of the program.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-1 - Purpose

Current through June, 2024
This chapter is established to provide, subject to the
				  availability of state funding, state services for citizens of Compact of Free
				  Association (COFA) nations and legal permanent residents admitted to the United
				  States for less than five years who are age nineteen years and older and
				  lawfully present in the state, who would be eligible for services for persons
				  with developmental or intellectual disabilities but for citizenship status.
				  These emergency rules are necessary to ensure that individuals with
				  developmental disabilities or intellectual disabilities who are eligible for
				  services under this chapter can receive appropriate services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-2 - Scope

Current through June, 2024
Notwithstanding any sections to the contrary, chapter
				  11-88.1 in its entirety, with the exception of sections
				  11-88.1-6, 11-88.1-18, 11-88.1-20,
				  shall be incorporated and made a part of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-3 - Definitions

Current through June, 2024
All terms defined in chapter
				  11-88.1, shall have the same meaning
				  when used in these rules. Additionally, as used in these rules:
"Compact of Free Association (COFA) nations" means the
				  Federated States of Micronesia, the Republic of the Marshall Islands and the
				  Republic of Palau.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-4 - Eligibility requirements

Current through June, 2024
(a) An individual
				requesting home and community-based services under this chapter must meet the
				following eligibility requirements:
(1) The
				basic eligibility requirements described in section 11-88.1-5 with the
				exception of the citizenship requirements;
(2) Meet the basic financial eligibility
				requirements described in chapters 17-1717, 17-1718, 17-1719 or 17-1730.1 with
				the exception of citizenship requirements;
(3) Be an alien who is not eligible for
				federal medical assistance and is either:
(A)
				A citizen of a COFA nation; or
(B)
				A legal permanent resident, admitted to the United States for less than five
				years who is lawfully present in the state;
(4) Be age nineteen years or older;
				and
(5) Not be pregnant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-5 - Decrease or termination of services

Current through June, 2024
(a) Services for a
				participant eligible for home and community-based services under this chapter
				may be decreased or terminated for the following reasons:
(1) The participant meets the requirements
				for decrease or termination of services as outlined in section
				11-88.1-10(a);
(2) Lack of state
				funds;
(3) This program is
				terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-6 - Termination of eligibility

Current through June, 2024
A participant's eligibility for home and community-based
				  services under this chapter shall be terminated for any of the following
				  reasons:
(a) The participant meets the
				requirements for termination of division services as outlined in section
				11-88.1-9(a);
(b) Lack of state
				funds;
(c) This program is
				terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-7 - Scope of services

Current through June, 2024
(a) Services and
				support administered or provided by the division for persons with developmental
				or intellectual disabilities eligible for services under this chapter may
				include the services and support as outlined in section
				11-88.1-15(a).
(b) Programs and
				services provided to participants eligible for services under this chapter
				shall be limited to the amount of resources allocated or available for the
				purposes of this subchapter.
(c)
				When a person cannot be served due the unavailability of appropriate providers,
				necessary funding, or both, the division shall assist the person in finding
				other community or department resources.
(d) Home and community-based services
				provided to participants eligible for services under this chapter include any
				service as outlined in section 11-88.1-15(d).
(e) Consumer-directed services provided to
				participants eligible for services under this chapter include services as
				outlined in section 11-88.1-15(e).
(f) All home and community-based services
				provided to participants eligible under this chapter shall be authorized by the
				division and included in the participant's written ISP.
(g) Home and community-based services for
				participants eligible under this chapter shall be subject to the same limits
				and conditions as contained in the Medicaid waiver.
(h) The utilization review committee shall
				review services for the authorization of services above or below the service
				limitations or conditions.
(i) Home
				and community-based services shall not be provided to a participant eligible
				for services under this chapter under the following conditions:
(1) The conditions outlined in section
				11-88.1-15(i)(1) through (i)(3);
(2) Lack of state funds;
(3) This program is terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-8 - Suspension, reduction (decrease), or termination of division services

Current through June, 2024
(a) A person eligible for services under this
				chapter may appeal the suspension, reduction (decrease), or termination of
				division services by following any of the steps outlined in section
				11-88.1-19(a) - (c) .
(b) A person
				eligible for services under this chapter may not appeal when the suspension,
				reduction (decrease), or termination of division services:
(1) Is due to a lack of state
				funds;
(2) The program is
				terminated or repealed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.2 - EMERGENCY RULES RELATING TO CITIZENS OF COFA NATIONS AND LEGAL PERMANENT RESIDENTS PRESENT LESS THAN FIVE YEARS › Section 11-88.2-9 - Effective period of these rules

Current through June, 2024
These emergency rules shall take effect upon filing with the
				  Lieutenant Governor's office and shall be effective for no longer than one
				  hundred twenty (120) days from the effective date.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-1 - Purpose

Current through June, 2024
This chapter establishes minimum requirements for the
				  certification and licensure of developmental disabilities domiciliary homes for
				  adult individuals with developmental disabilities or mental retardation. These
				  rules shall promote normalization, least restrictive intervention, community
				  and social integration, personal development to fullest potential and protect
				  the health, safety, and civil rights of residents in developmental disabilities
				  domiciliary homes. These rules shall not be construed as lowering the
				  standards, ordinances, codes, and rules established by other government
				  agencies. In the case of a conflict, the more stringent rules shall
				  apply.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-3 - Licensure

Current through June, 2024
(a) No person, or group of persons may
				operate a developmental disabilities domiciliary home unless it is licensed by
				the department.
(b) Any person, or
				group of persons, desiring to operate a developmental disabilities domiciliary
				home shall apply to the department on forms furnished by the department. The
				department shall issue a license if the applicant meets the requirements of
				this chapter.
(c) The caregiver and
				administrator shall provide two references who have adequate knowledge of the
				applicant's background in terms of character and ability to care for residents
				with developmental disabilities. Additional references shall be furnished upon
				the department's request.
(d) The
				caregiver and administrator shall also complete clearances from:
(1) Adult and child abuse and neglect
				registry
(2) Hawaii criminal
				justice data center -Federal bureau of investigation fingerprinting
				clearance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-4 - License denial

Current through June, 2024
(a) A license may
				be denied for any of the following reasons:
(1) Inability to meet the requirements of
				this chapter;
(2) Financial
				inability to operate and conduct the facility pursuant to this
				chapter;
(3) Fraudulent or
				misleading statements in application forms; or
(4) Prior felony or criminal convictions in a
				court of law by applicant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-5 - Certification

Current through June, 2024
(a) The caregiver shall be capable of
				accepting, caring for, and training residents with developmental
				disabilities.
(b) A certificate
				shall be issued to the caregiver when the caregiver has completed and passed
				the training requirements as stated in §§ 11-89-7 and 11-89-8 of
				these rules.
(c) Annual
				recertification shall be required in accordance with § 11-89-8.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-6 - Appeal of department's decision

Current through June, 2024
(a) Any
				developmental disabilities domiciliary home applicant or provider shall have
				the right and opportunity to appeal a decision by writing to the director
				within the thirty (30) day notice period of proposed action or decision under
				chapter
				91, HRS, and department rules of
				practice and procedure.
(b) Upon
				the department's receipt of a request to appeal the department's decision,
				certification or licensure may be reinstated to provisional certification or
				licensure pending the decision on appeal.
(c) The provisional certification or
				licensure shall be revoked by the department after the appeal hearing is held
				and the department's decision is upheld. If the department's action is not
				upheld by the appeal hearing, action, as appropriate, to reinstate the
				certification or licensure shall be made.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-7 - Qualifications of caregiver and administrator

Current through June, 2024
(a) The caregiver
				of a facility shall:
(1) Be at least eighteen
				years of age and be able to read, write and communicate in English;
(2) Be CPR and first aid trained;
(3) Have completed department approved
				developmentally disabled domiciliary training and be certified to provide care
				and training to residents with developmental disabilities;
(4) Provide care, training and supervision to
				the residents and shall have no outside activity or family responsibilities
				that will interfere with that care and supervision;
(5) Be available to and participate as a
				member of the interdisciplinary team;
(6) Conduct care and training of the resident
				in accordance with the resident's individual plan; and
(7) Meet all other general staff requirements
				as provided in section 11-89-9.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-8 - Provision for services and review

Current through June, 2024
(a) All persons
				seeking to be certified as a caregiver shall attend and pass a training program
				approved by the department, which shall include:
(1) Orientation on the person with
				developmental disabilities; including but not limited to physical and mental
				handicaps, legal concepts, and the caregiver's qualifications, normalization,
				control of environment, health care, communication, and recording.
(2) A developmental program which shall
				include training on residents' rights, orientation to interdisciplinary team
				composition and responsibilities, case management and day program
				responsibilities, individual habilitation plan development which shall include
				orientation to individual program requirements, behavior management and health
				maintenance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-9 - General staff health requirements

Current through June, 2024
(a) All individuals
				living in the facility including those who provide services directly to
				residents shall have documented evidence that they have had examination by a
				physician prior to their first contact with the residents of the home and
				thereafter as frequently as the department deems necessary. The examination
				shall be specifically oriented to rule out communicable disease and shall
				include tests for tuberculosis.
(1) If an
				initial tuberculin skin test is negative, a second tuberculin skin test shall
				be done after one week, but no later than three weeks after the first test. The
				results of the second test shall be considered the baseline test and shall be
				used to determine appropriate treatment follow-up. If the second test is
				negative, it shall be repeated once yearly thereafter unless it becomes
				positive.
(2) If a tuberculin skin
				test is positive, a standard chest x-ray and appropriate medical follow-up
				shall be obtained. A satisfactory chest x-ray shall be required yearly
				thereafter for three successive years.
(3) Additional chest x-rays may be required
				by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-10 - Waivers

Current through June, 2024
(a) Waivers may be granted to a facility, for
				a specified period of time at the discretion of the department. A waiver may be
				renewed at the discretion of the department.
(b) Waivers of structural requirements shall
				not be granted unless:
(1) All residents are
				fully ambulatory and capable of self-preservation in emergency
				situations;
(2) The waiver will not
				create a hazard to health or safety; and
(3) Structural changes required would place
				an undue financial burden upon the licensee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-11 - Inspection rights of the department

Current through June, 2024
(a) Every licensed
				facility shall be inspected by the department at least once every year to
				determine compliance with this chapter.
(b) The department may inspect a licensed
				facility at any reasonable time without prior notice to conduct annual
				inspections, confirmation of correction or non-correction of deficiencies, and
				investigation of complaints.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-12 - Structural requirements for licensure

Current through June, 2024
(a) Prior to
				licensure, the applicant shall provide the department with evidence that the
				facility meets all requirements of state and county zoning, building, fire,
				sanitation, housing, and other codes, ordinances and laws for the type of
				occupancy to be licensed.
(b) Once
				licensed, the administrator shall be responsible for ensuring that the facility
				is maintained in compliance with all state and county zoning, building, fire,
				sanitation, housing and other codes, ordinances, and laws.
(c) The facility shall be accessible to
				public transportation or provide means of transportation.
(d) An enclosed family dining area shall be
				provided within the facility and shall be accessible to all residents. It shall
				be apart from sleeping quarters but may be in continuity to the living room
				area.
(e) Dining space allotment
				shall not be less than twenty square feet per adult residing in the
				facility.
(f) The family living
				room shall be accessible to all residents for the provision of recreational,
				social and activity needs of the residents.
(g) Living room space shall not be less than
				thirty square feet per adult residing in the facility.
(h) Bedrooms:
(1) Bedroom shall be at or above grade level
				and be accessible to all persons who use wheelchairs;
(2) There shall be an adequate number of
				bedrooms, as defined in county residential codes and building ordinances,
				provided for the caregiver and family members;
(3) Residents shall be provided with a
				minimum usable floor space of ninety square feet per bed in a single bedroom
				and seventy square feet per bed in a multiple bedroom, excluding toilet,
				closets, lockers, alcoves and vestibules;
(4) The number of occupants in bedrooms shall
				be limited to two residents. Beds shall be placed at least three feet apart in
				multiple occupant bedrooms;
(5)
				Closet space for each resident shall be provided within the bedroom. Closets
				shall be a minimum of thirty inches in width, twenty inches in depth, and five
				feet in height per person. Each closet must contain a height-adjustable clothes
				rod for the persons with handicapping conditions; and
(6) Each occupied room shall have access to
				exits as required by law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-14 - Resident health and safety standards

Current through June, 2024
(a) The caregiver
				shall, in coordination with the case manager, arrange for resident access to
				medical services at all times, including emergency services.
The facility shall have a written policy which specifies the
				  procedures to be followed in medical emergencies.
(b) Basic first aid supplies and equipment
				shall be available at the facility.
(c) In the event of an emergency concerning a
				resident such as hospitalization, serious illness, serious bodily harm or
				injury, or imminent death or death, the caregiver shall inform the case
				manager, who in turn, shall promptly notify the resident's next of kin,
				guardian or significant others. The wishes of the resident and the parent or
				guardian regarding religious matters shall be considered, and the resident's
				wishes shall be followed as closely as possible.
(1) Staff observing an emergency shall
				complete a written incident report within twenty-four hours of the emergency
				and shall submit it to the case manager within seventy-two hours.
(2) In cases of known or suspected neglect or
				abuse, the staff person aware of the situation shall notify the adult
				protective services (APS) which is mandated to have the authority to
				investigate such incidents, and/or for elderly persons at least sixty-five
				years of age, follow procedures as outlined in chapter 349C, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-15 - Recreational and social activities

Current through June, 2024
(a) Residents shall
				be up, out of bed and appropriately dressed, daily, unless physician's orders
				indicate otherwise.
(b) The
				caregiver shall provide and document social and recreational activities for
				residents on a regular basis and shall encourage participation in activities
				according to the resident's interest, needs, capabilities, and service
				plan.
(c) Residents shall be
				encouraged by the caregiver to participate in work, educational, recreational,
				social, and health activities held by community agencies.
(d) Visits with relatives and friends shall
				be allowed at reasonable hours.
(e)
				The administrator or caregiver shall provide the resident with access to a
				radio and television.
(f)
				Arrangements and provision for social activities shall be provided through
				private or public resources.
(g)
				The administrator or caregiver shall arrange or provide means of transportation
				for residents to:
(1) Visit physician and
				other medical providers;
(2) Make
				facility transfers; or
(3) Engage
				in activities outside the home.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-16 - Admission policies

Current through June, 2024
(a) Admissions
				shall be screened for eligibility by the division prior to admission.
(b) The caregiver shall coordinate with the
				division for screening, placement, and case management prior to admission.
(1) The case manager shall develop an
				individual plan with the resident, guardian, family, or significant others
				based upon the assessment and preferences of the resident and outcome to be
				achieved.
(2) All individual plans
				shall be monitored and revised at lease annually and as necessary by the case
				manager.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-17 - General operational policies

Current through June, 2024
(a) There shall be
				written operational policies and procedures available to staff and residents
				which address the implementation of:
(1)
				Admission policies as specified in section 11-89-16;
(2) Dietary and other services provided by
				the facility;
(3) Transfer and
				discharge of residents as specified in section 11-89-21;
(4) Residents' rights;
(5) Rate setting and visiting
				hours;
(6) Infection
				control;
(7) Management of
				behavior;
(8) Requirements relating
				to physical and chemical restraints;
(9) Personnel requirements, whether
				compensated or voluntary; and
(10)
				Grievance procedures, whether from resident or staff.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-18 - Records and reports

Current through June, 2024
(a) Individual
				records shall be maintained for each resident. Upon admission or readmission,
				the facility shall maintain:
(1) Records
				which identify the resident's name, social security number, marital status,
				date of birth, sex, next of kin or guardian, and religious preference, if any.
				A record of the address and telephone number of the referral agency or source
				by which the resident was admitted, the attending physician, dentist, and other
				medical or social service professionals who are currently involved in providing
				services to the resident, as well as a record of the agency responsible for
				financial payment, and the medical insurance plan;
(2) A report of a medical examination current
				to within nine months and current diagnosis, physician's orders for medication,
				diet, special appliances and equipment, treatment, evaluations or direct
				service to be provided by a physical therapist, occupational therapist, or
				speech pathologist and a report of an examination for tuberculosis performed
				within the year prior to admission, height and weight and medical
				history;
(3) Copies of the
				resident's individual plan; and
(4)
				An inventory of money and valuables. This inventory shall be kept
				current.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-20 - Resident accounts

Current through June, 2024
(a) The conditions
				under which the caregiver agrees to be responsible for the residents' funds or
				property shall be explained and agreed to by the resident, or the guardian, and
				documented in the resident's file.
(b) No person associated with the ownership
				or operation of the facility shall serve as guardian of the estate or have
				power of attorney for any resident in the home.
(c) An accurate written accounting of
				residents' income and disbursements shall be kept on an ongoing basis,
				including receipts for expenditures.
(d) A current inventory of residents'
				possessions shall be maintained.
(e) Misappropriation of residents' funds or
				property shall be reported to the proper authorities.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-21 - Transfer and discharge of residents

Current through June, 2024
Except in an emergency situation that affects the resident's
				  health or safety, four weeks written notice of a transfer to an appropriate
				  facility, or discharge to another living arrangement, or a transfer within the
				  facility, shall be given to the resident, the legal guardian, and the
				  responsible agency when:
(1) Ordered
				by the resident's physician, as recommended by the case manager through the
				interdisciplinary team;
(2)
				Physical or mental changes of the resident necessitate services which cannot be
				provided;
(3) Physical or mental
				changes of the caregiver result in the inability of the caregiver to provide
				the service;
(4) Resident wishes to
				transfer;
(5) Caregiver wishes to
				transfer the resident; or
(6) Loss
				of licensure or home is discontinued.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-22 - Closure of a developmental disabilities domiciliary home

Current through June, 2024
(a)
				The administrator shall notify the department in writing at least thirty days
				prior to an intended closure of the facility.
(b) The administrator shall notify all
				residents, guardians, and case managers at least thirty days prior to an
				intended closure of the facility.
(c) All residents shall be transferred to
				appropriate facilities prior to closure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-23 - Violations

Current through June, 2024
(a) If the department determines that any of
				the requirements of this chapter has been violated, the department shall notify
				the administrator of such violations in writing. In such notice the department
				shall set forth the specific violations and may establish a specific time for
				the correction of each violation, and approve or disapprove a written plan of
				correction submitted by the administrator for each correctable
				violation.
(b) If violations are
				serious or substantive or if violations are not corrected within the time
				specified in the notice or in the accepted plan of correction, the department
				may do one or more of the following:
(1)
				Impose fines, as stated in section
				321-20, HRS;
(2) Place restrictions on the
				license;
(3) Revoke the license;
				or
(4) Issue a provisional
				license.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-24 - 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 90 - ASSISTED LIVING FACILITY › Section 11-90-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish a new category
				  of community based residential care setting to be named "assisted living
				  facility" and to establish minimum standards and requirements for licensure to
				  protect the health, welfare, and safety of residents in such facilities.
				  Assisted living facilities shall serve the purpose of providing a combination
				  of housing, meal services, health care services, and personalized supportive
				  services designed to respond to individual needs. The following principles are
				  applied:
(1) Aging in place;
(2) Negotiated plan of care; and
(3) Managed risk.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 90 - ASSISTED LIVING FACILITY › Section 11-90-4 - Minimum building and structural requirements

Current through June, 2024
The facility shall provide each resident with the
				  following:
(1) Apartment unit with a
				bathroom, refrigerator, and cooking capacity, including a sink;
(2) The unit shall be a minimum of 220 square
				feet, not including the bathroom;
(3) The cooking capacity may be removed or
				disconnected depending on the individual needs of the resident;
(4) The unit shall have a separate and
				complete bathroom with a sink, shower, and toilet;
(5) The unit shall accommodate physically
				challenged persons and persons in wheelchairs, as needed;
(6) The unit shall have a call system
				monitored 24-hours a day by facility staff;
(7) The unit shall be wired for telephone and
				television;
(8) Access to common
				areas such as activity rooms, lounges, dining rooms, and laundry; and
(9) Private accessible mailbox in which the
				resident may send and receive mail, which meets postal standards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 90 - ASSISTED LIVING FACILITY › Section 11-90-5 - Emergency care and disaster planning

Current through June, 2024
(a) There shall be
				written policies and procedures to follow in an emergency which shall include
				provisions for the following:
(1) Arranging
				for rapid primary care provider attention or arranging for other available
				assistance;
(2) Transportation
				arrangements for hospitalization or other services which are
				appropriate;
(3) Maintenance of an
				appropriate first aid kit for emergency use; and
(4) Quarterly rehearsal of emergency
				evacuation plans for staff and residents to follow in case of fire, explosion,
				or other civil emergency occurring in or within the environs of the
				facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 90 - ASSISTED LIVING FACILITY › Section 11-90-6 - General policies, practices, and administration

Current through June, 2024
(a)
				The administrator or director of the assisted living facility shall:
(1) Have at least two years experience, in a
				management capacity, in the housing or health care services or personal care
				industries, or any combination thereof;
(2) Show evidence of having completed an
				assisted living facility administrator's course or equivalent course acceptable
				to the department; and
(3) Be
				accountable for providing training for all facility staff in provision of
				services and principles of assisted living.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 90 - ASSISTED LIVING FACILITY › Section 11-90-7 - Inservice education

Current through June, 2024
There shall be a staff inservice education program for the
				  entire staff that includes:
(1)
				Orientation for all new employees to acquaint them with the philosophy,
				organization, practice, and goals of assisted living; and
(2) Ongoing inservice training on a regularly
				scheduled basis (minimum of six hours annually).