Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 96 - FREESTANDING ADULT DAY HEALTH CENTERS › Section 11-96-3 - Licensing

Current through June, 2024
(a) No person, firm, corporation,
				institution, association, organization, or any other entity, non-profit or for
				profit, may operate a freestanding adult day health center unless it is
				licensed by the department.
(b) Any
				person, firm, corporation, institution, association, organization, or any other
				entity, desiring to operate a freestanding adult day health center shall apply
				to the department for a license on forms prescribed by the
				department.
(c) The director shall
				prescribe the content and form of the license.
(d) The department shall issue a license if
				the proposed facility meets all of the requirements under this chapter and all
				of the requirements for licensure under state and county laws, including but
				not limited to, the certificate of need law, and fire, zoning, and building
				codes. The director, in his discretion, may authorize a waiver from a
				particular rule of this chapter provided that the health and safety of the
				clients would not be affected. The applicant shall be responsible for securing
				written evidence of compliance with the state and county laws.
(e) A license, when granted, shall be
				effective for one year, or a shorter duration of time as may be decided by the
				director, unless it is suspended or revoked by the department.
(f) If written application for renewal of a
				license is not filed with the department before the expiration of the license,
				the license shall automatically expire as of the expiration date specified on
				the license.
(g) Each license shall
				be issued to a person, group of persons, firm, corporation, institution,
				association, organization, or other entities, by name and by the address of a
				specific physical facility. The license may not be transferred from one
				licensee, or from one physical location, to another.
(h) A provisional license may be issued for a
				specified period of time at the discretion of the department for the purpose of
				giving a center additional time to correct deficiencies, or comply with
				regulations. Not more than two consecutive provisional licenses may be issued
				to a center.
(i) The director or
				his authorized representative shall inspect each licensed freestanding adult
				day health center at least once annually. Notice of the approximate time for
				the annual inspection visits may be given to the center. In addition to annual
				inspection visits, the director or his authorized representative, without prior
				notice, may enter the center at any reasonable time for the purposes of
				confirming correction of deficiencies, or investigation of complaints, or
				both.
(j) Following the annual
				inspection, a list of deficiencies, if any, shall be presented to the facility.
				The facility shall return a plan of correction of the deficiencies to the
				department within ten days. Facilities shall be allowed a reasonable time to
				implement the plan of correction. A follow-up survey shall be made by the
				department to determine the progress in the plan of correction. If there has
				not been substantial progress in carrying out the plan of correction, the
				license shall not be renewed.
(k)
				The director may suspend, revoke, or refuse to issue a license for failure to
				comply with the requirements of this chapter, or for any cause deemed a hazard
				to the health and safety of the clients, employees, or the general public. Any
				person, firm, corporation, institution, association, or organization, or other
				entity affected by the director's final decision of denial, suspension, or
				revocation may appeal in accordance with chapter 91, Hawaii Revised
				Statutes.
(l) Penalties, hearings
				and appeals. In addition to any other appropriate action to enforce this
				chapter, the director may initiate procedures for invoking fines as provided in
				§
									321-20, Hawaii Revised
				Statutes, and to withdraw the license after hearings held in accordance with
				chapter 91, Hawaii Revised Statutes.
(m) All centers shall post its current
				license in a conspicuous place at the center.
(n) No center licensed under the provisions
				of this chapter may deny admission to any individual on account of race,
				religion, sex, ancestry, or national origin.
(o) All centers shall keep reports of all
				annual licensing inspections at the center.