reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 504 - ASBESTOS ABATEMENT CERTIFICATION PROGRAM › Subchapter 4 - ACCREDITATION OF TRAINING COURSES › Section 11-504-56 - Record-keeping requirements for training providers

Current through June, 2024
(a) All
				  providers of accredited asbestos training courses must comply with the
				  following minimum record-keeping requirements:
(1) A training provider must retain copies of
				  all instructional materials used in the delivery of the classroom training such
				  as student manuals, instructor notebooks, and handouts;
(2) A training provider must retain copies of
				  all instructors' resumes, and the documents approving each instructor issued by
				  the department. Records must accurately identify the instructors that taught
				  each particular course for each date that a course is offered;
(3) A training provider must document that
				  each person who receives a certificate for an initial or refresher training
				  course has achieved a passing score on the examination. These records must
				  clearly indicate the date upon which the exam was administered, the training
				  course and discipline for which the exam was given, the name of the person who
				  proctored the exam, a copy of the exam, and the name and test score of each
				  person taking the exam;
(4) The
				  training provider shall maintain records that document the names of all persons
				  who have been awarded certificates, their certificate numbers, the disciplines
				  for which certification was conferred, training and expiration dates, and the
				  training location. Records will be kept in a manner that allows verification by
				  telephone of the required information;
(5) Training providers must verify current
				  certification of the students in a refresher course, or expiration of their
				  certification within the last twelve month period. Students should present
				  their valid or expired certificate from the training provider, or the
				  department-issued certification. Training providers offering the initial
				  management planner training course must verify that the student holds a valid
				  inspector certification at the time of course admission; and
(6)
(A) The
				  training provider shall maintain all required records for a minimum of three
				  years; and
(B) The training
				  provider shall allow reasonable access to all of the records required by the
				  Model Accreditation Plan, and any other records required by the department for
				  the accreditation of asbestos training providers and courses, to both EPA and
				  the department, on request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 504 - ASBESTOS ABATEMENT CERTIFICATION PROGRAM › Subchapter 4 - ACCREDITATION OF TRAINING COURSES › Section 11-504-57 - Instructor qualifications for training courses

Current through June, 2024
(a) Each
				  training course shall be taught by a department-approved instructor. Approval
				  shall be based upon a review of the instructors academic credentials and/or
				  field experience in asbestos abatement. The training provider must notify the
				  department in advance whenever it changes course instructors.
(b) At a minimum, the instructor shall:
(1) Have one year of experience performing
				  the functions for the class being taught, and hold current certification in
				  that discipline; or
(2) Have six
				  months of teaching experience and have held certification in the discipline
				  being taught.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-3 - Legal authorization to operate

Current through June, 2024
A home care agency shall at all times comply with the laws
				  of the State of Hawaii and shall, whenever requested by the director, submit to
				  the director evidence of compliance therewith. The evidence shall include, but
				  not be limited to, copies of licenses, certificates, permits, or other
				  authorizations required by the laws of the State of Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-4 - License

Current through June, 2024
(a) It is unlawful for any person to
				maintain, operate, or permit to maintain or operate a home care agency, unless
				the home care agency is licensed by the director.
(b) Any person, organization, or corporation
				desiring to operate a home care agency shall submit an application to the
				director for a license on forms provided by the department. The application
				shall identify the name of the agency, the street address of the agency, the
				geographic service area, the name or names of the owner or owners, the name or
				names of members of the governing body, the name and qualifications of the
				administrator, the name and qualifications of the supervisor, scope of services
				to be offered, policies and procedures relating to the administration of the
				agency's business and relating to the conduct of providing home care agency
				services to clients, background check results on owners, management, and staff,
				and any other information required by the department to determine the
				suitability of the agency to be licensed.
(c) The director shall issue a license if the
				proposed home care agency meets the requirements of this chapter.
(d) A license, unless sooner suspended or
				revoked, shall be valid for two years from the date it is originally issued, or
				within thirty days thereafter. A home care agency shall apply for renewal of a
				license at least thirty days prior to the expiration date of the license. If an
				application for renewal is not timely filed, the license shall automatically
				expire.
(e) Each license shall be
				issued only for the home care agency named in the application and shall not be
				transferable or assignable to any other agency.
(f) A home care agency shall post the license
				issued by the director in a conspicuous place on the premises of the home care
				agency.
(g) A home care agency
				shall notify each client concerned, or the client's responsible party, or both,
				at least thirty days prior to the expiration of its license, the voluntary
				surrender of its license, or as directed under any order of revocation or
				suspension of license by the department. The license shall be promptly
				surrendered to the department when revoked or suspended, or when the home care
				agency terminates services.
(h)
				Authorized staff of the department may make unannounced inspection visits to a
				home care agency at any time.
(i) A
				nonprofit entity that solely provides homemaker services, where ninety per cent
				or more of its staff is comprised of volunteers, shall be exempt from these
				licensing requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-5 - License denial, suspension, revocation, and nonrenewal

Current through June, 2024
The director may suspend, revoke, deny, or refuse to issue a
				  license for failure to comply with the requirements of this chapter, any
				  provision of chapter 321, HRS, or any term of condition of a license issued
				  pursuant to this chapter. The director's decision to suspend, revoke, deny, or
				  refuse to issue a license shall become final, unless not later than twenty days
				  after receipt of the director's decision, the home care agency submits a
				  written request for a hearing in accordance with chapter 91, HRS, chapter 11-1,
				  and this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-6 - Scope of services

Current through June, 2024
(a) A home care
				agency may provide personal care services or homemaker services, or both, and
				may provide respite care services.
(b) Personal care services shall be performed
				by personal care aides. Personal care services shall include activities based
				on the assessment of the client's needs, including but not limited to:
(1) Personal hygiene and grooming;
(2) Bathing;
(3) Skin care;
(4) Oral hygiene;
(5) Hair care;
(6) Dressing;
(7) Assistance in toileting;
(8) Assistance with ambulation, mobility,
				transfers, and positioning; and
(9)
				Assistance with exercise and range of motion.
Personal care services do not include the management of the
				  client's money or finances, or the balancing of the client's checkbook.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-7 - Service plan

Current through June, 2024
(a) A supervisor shall develop with the
				client or the client's representative, or both, a service plan for home care
				services, which shall be signed by the supervisor and the client or the
				client's representative and incorporated into the client's record.
(b) The home care agency staff and supervisor
				shall review the service plan at least annually and whenever there has been a
				change in the client's condition.
(c) The staff of the home care agency shall
				bring to the attention of the supervisor any changes in the client's condition
				that may indicate the need for altering the service plan, assisting with
				additional services, or changes in service.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-8 - Policies and procedures

Current through June, 2024
A home care agency shall have policies and procedures that
				  include:
(1) The scope of services
				offered, the conditions under which they are offered, and the geographic
				coverage;
(2) Provisions to
				prohibit discrimination against any prospective or current client based on
				race, sex, including gender identity or expression, sexual orientation, color,
				religion, ethnicity, country of origin, gender, or marital status to receive
				home care services in the geographic area of the home care agency;
(3) Provisions to establish that services
				provided are specified under the service plan and regularly reviewed by the
				supervisor;
(4) Provisions to
				establish that the supervisor and all staff shall become familiar with and
				follow the service plan;
(5)
				Requirements for the contents and maintenance of client records that shall
				include but not be limited to;
(A) A record
				for each client; and
(B) Procedures
				for the staff to document information in the record about the services rendered
				to each client; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-9 - Administration and standards

Current through June, 2024
(a) The
				administrator is responsible for ensuring that the appropriate level of
				supervision is provided.
(b) The
				administrator shall not allow personal care aides or homemakers to perform any
				service that is not within their scope of duties.
(c) The supervisor shall perform a
				supervisory visit of all employees providing client services at each client's
				residence at least once a year.
(d)
				The home care agency shall:
(1) Establish
				written job descriptions that specify the qualifications and experience of each
				category of personnel and the type of activity each category of personnel may
				perform;
(2) Establish written
				human resource policies that shall be given to each staff member, including but
				not limited to provisions concerning wage scale, hours of work, vacation and
				sick leaves, and use of car if provided, or mileage allowed if private
				transportation is utilized;
(3)
				Document that every employee and volunteer, who has direct client contact, has
				documented evidence of tuberculosis (TB) clearance in accordance with the most
				current and updated guidelines in chapter 11-164 Hawaii administrative rules
				prior to their first contact with clients;
(4) Conduct background checks in accordance
				with section
				321-15.2, HRS,
				to ensure that all employees and volunteers who provide client care or who
				supervise staff, including the administrator, do not have a history of a
				criminal conviction, abuse, neglect, threatened harm, or other maltreatment
				against children or adults bearing a rational relationship to the duties and
				responsibilities of their position in accordance with state and federal laws,
				and prudent business practice. Relevant charges include but are not limited to
				assault, abuse, neglect, threatened harm, or theft;
(5) Maintain client records, job
				descriptions, and human resource reports and policies; and
(6) Maintain confidentiality of all records
				pertaining to clients', and make the records available only to authorized
				personnel as required or allowed by law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 700 - HOME CARE AGENCIES › Section 11-700-10 - Penalty

Current through June, 2024
A person who violates any of the provisions of this chapter
				  shall be fined not more than $500 or 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 700 - HOME CARE AGENCIES › Section 11-700-11 - 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 700 - HOME CARE AGENCIES › Section 11-700-12 - Validity

Current through June, 2024
If any provisions of this chapter or the application thereof
				  to any person or circumstances are 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 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 1 - PURPOSE, DEFINITIONS, AND EXCEPTIONS › Section 11-800-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
					 administrative provisions for the department to license home and
					 community-based case management agencies and certify community care foster
					 family homes.
(1) Licensed home and
				  community-based case management agencies will be able to provide case
				  management services to individuals in community care foster family homes, or
				  medicaid recipients in expanded adult residential care homes, and assisted
				  living facilities; and
(2)
				  Certified community care foster family homes will be able to provide, for a
				  fee, living accommodations and other related services to clients with nursing
				  facility level of care needs who are placed by licensed home and
				  community-based case management agencies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 1 - PURPOSE, DEFINITIONS, AND EXCEPTIONS › Section 11-800-3 - Penalty

Current through June, 2024
Any person violating section
					 321-481 to
					 321-483
					 and
					 321-485, HRS, or this
					 chapter shall be fined not more than $500 per each separate violation. Each day
					 of each violation shall constitute a separate violation. An appeal of the
					 department's actions shall., not stay the imposition of a
					 fine.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 1 - PURPOSE, DEFINITIONS, AND EXCEPTIONS › Section 11-800-4 - Severability

Current through June, 2024
If any section, subsection, paragraph, subparagraph, or
					 clause of this chapter is for any reason held to be unconstitutional or
					 invalid, the remaining portions of this chapter shall not be affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 1 - PURPOSE, DEFINITIONS, AND EXCEPTIONS › Section 11-800-5 - Exceptions

Current through June, 2024
Exceptions to the requirements of this chapter may be made
					 at the discretion of the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-6 - Required license or certificate of approval

Current through June, 2024
(a) Any person,
				  agency, or organization that wants to engage in locating, coordinating, and
				  monitoring comprehensive services to residents in community care foster family
				  homes, or medicaid waiver service recipients in expanded adult residential care
				  homes and assisted living facilities, shall obtain a license from the
				  department.
(b) Any person, agency,
				  or organization that wants to operate a home as a community care foster family
				  home to provide, for a fee, twenty-four hour living accommodations, including
				  personal care and homemaker services for adults who have nursing facility level
				  of care needs and are not related to the person providing the care, shall
				  obtain a certificate of approval from the department.
(c) To be licensed as a home and
				  community-based case management agency, a person, agency, or organization
				  shall:
(1) Comply with all applicable
				  requirements in this chapter;
(2)
				  Not have had a previous license or certificate to provide social or health care
				  services that was revoked within twelve months of the current application for a
				  license, except that this restriction shall not apply if the revocation was
				  successfully appealed; and
(3) Not
				  be certified or licensed to operate a:
(A)
				  Community care foster family home;
(B) Adult residential care home;
(C) Expanded adult residential care home;
				  or
(D) Assisted living
				  facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-7 - Application

Current through June, 2024
(a) Any person, agency, or organization that
				  wants to be licensed as a home and community-based case management agency shall
				  submit the following to the department:
(1) A
				  signed application form provided by the department;
(2) A written statement of services to be
				  provided;
(3) Information relating
				  to the applicant's organization and administration;
(4) A signed financial statement that
				  describes the policies and procedures governing internal controls of financial
				  matters and includes information on revenues and expenses for the previous
				  fiscal year related to services provided;
(5) Information on the number of staff
				  members and the staff members' duties, educational backgrounds, and work
				  experiences; and
(6) Background
				  check documents, as provided in section 11-800-8.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-8 - Background checks

Current through June, 2024
(a) As a condition
				  for licensure or certification, the operator, employees, and new employees of
				  the case management agency, or primary and substitute caregivers and other
				  adults residing in a home, except for clients, shall:
(1) Be subject to criminal history record
				  checks in accordance with section
				  846-2.7, HRS;
(2) Be subject to adult protective service
				  perpetrator checks if the individual has direct contact with a client;
				  and
(3) Provide consent for the
				  department to obtain other criminal history record information for verification
				  and information regarding adult protective service perpetrator
				  status.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-9 - Disposition of application

Current through June, 2024
(a) The department
				  shall dispose of an application for a license or a certificate of approval by
				  the sixtieth day from the date of application.
(b) An evaluation of the application will be
				  carried out by the department and may include, but is not limited to, one or
				  more of the following:
(1) Review of forms,
				  documents, and information submitted as required under section
				  11-800-7;
(2) Review of
				  administrative, fiscal, personnel, and client case records; and
(3) Service site visits to carry out one or
				  more of the following activities:
(A) Inspect
				  the premises;
(B) Interview
				  clients; and
(C) Interview and
				  observe individuals providing services to clients.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-10 - Issuance of license or certificate of approval

Current through June, 2024
(a) The
				  department shall issue a license to a home and community-based case management
				  agency that is valid for:
(1) One year;
				  or
(2) Two years, when the case
				  management agency meets the following requirements:
(A) Has been in operation and licensed for at
				  least one year as a home and community-based case management agency;
(B) Is in full compliance with all licensing
				  requirements;
(C) Has had no major
				  changes in the organizational structure or in the case management agency's
				  policies and procedures regarding case management services;
(D) Operator, employees, and new employees
				  have no criminal history record, or adult protective service perpetrator
				  history that pose a risk to the life, health, safety, or welfare of clients;
				  and
(E) Has had no complaints that
				  were investigated and confirmed, and resulted in the development and
				  implementation of a corrective action plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-11 - Monitoring and investigation

Current through June, 2024
(a) The department
				  shall monitor case management agencies and homes for compliance with applicable
				  requirements in this chapter and quality assurance;
(1) Annually when a case management agency or
				  home has a one-year license or certificate;
(2) Biennially when a case management agency
				  or home has a two-year license or certificate; or (3) Upon receipt of a
				  complaint that a case management agency or home is in violation of applicable
				  requirements in this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-12 - Reporting changes

Current through June, 2024
The case management agency or home shall immediately report
					 to the department changes that may affect the case management agency's or
					 home's ability to comply with the applicable requirements of this chapter.
					 Changes to be reported include but are not limited to changes:
(1) That may pose a risk to the life, health,
				  safety, or welfare of the client;
(2) In the criminal history record and adult
				  protective service perpetrator history of the operator or any employee of the
				  case management agency, or the primary caregiver, substitute caregiver, or
				  other adults in the home, except for clients receiving care;
(3) In the organizational structure of the
				  case management agency;
(4) In the
				  household composition or structure of the home; and
(5) In the service delivery site.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-13 - Renewal of license or certificate of approval

Current through June, 2024
(a) A
				  license or certificate shall be renewed annually or biennially when the
				  requirements of section 11-800-10(a)(2) or 11-800-10(c)(2) are met.
(b) At least ninety days prior to the
				  expiration date of a current license or certificate, the case management agency
				  or home shall apply to the department for renewal of the license or
				  certificate, as appropriate.
(c)
				  The renewal application shall include, as applicable:
(1) A completed application form provided by
				  the department;
(2) A current list
				  of all:
(A) Employees and subcontractors of
				  the case management agency, including information about their duties,
				  educational backgrounds, and work experiences; or
(B) Individuals residing or providing direct
				  services to clients in the home, including information about their
				  responsibilities and training;
(3) Background check documentation as
				  provided in section 11-800-8; and
(4) Descriptions of any major changes in
				  policies and procedures, organizational structure of the case management
				  agency, location of the service delivery site, structure of the home and
				  household composition since the last license or certificate was
				  issued.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-14 - Corrective action and sanctions

Current through June, 2024
(a) When the
				  department determines that a case management agency or home has failed or is
				  unable to comply with all of the applicable requirements of this chapter, the
				  department shall notify the case management agency or home 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;
(2) Require submission of a written
				  corrective action plan from the case management agency or home that addresses
				  each area of noncompliance; or
(3)
				  Suspend the admission of new clients by the case management agency or
				  home.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-15 - Appeal

Current through June, 2024
(a) When the department's decision is to deny
				  or revoke a license or certificate, or to levy a fine under this chapter, the
				  department shall:
(1) Provide a written notice
				  to the person, agency, or organization whose license or certificate is to be
				  denied or revoked, or is being fined, by certified or registered mail to the
				  last known address as may be shown in the application, license, or certificate
				  of approval; and
(2) Include in the
				  notice a statement of the reasons for the proposed action and information that
				  the applicant, licensee, or certificate holder has the right to appeal the
				  decision to the director of the department, in writing, no later than thirty
				  days after the date of the notice of the proposed action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-16 - Confidentiality of applicant and recipient information

Current through June, 2024
(a) All
				  information relating to individuals who apply for or receive home and
				  community-based case management and community care foster family home services
				  shall be confidential.
(b) Case
				  management agencies and homes licensed or certified under this chapter will:
(1) Have written policies and procedures that
				  relate to confidentiality and privacy rights of applicants and
				  recipients;
(2) Safeguard all
				  confidential information about applicants and recipients of services;
(3) Inform clients about their
				  confidentiality practices;
(4)
				  Respect client privacy rights; and
(5) Provide training to all employees, and
				  for homes, other adults in the home, on their confidentiality policies and
				  procedures and client privacy rights.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 2 - GENERAL REQUIREMENTS FOR LICENSURE AND CERTIFICATION › Section 11-800-17 to 11-800-20 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-21 - Personnel

Current through June, 2024
(a) The case management agency shall be
				  responsible for:
(1) Having sufficient
				  personnel to provide case management services to the client in a residential
				  care facility, as provided in this subchapter;
(2) Locating, selecting, assigning,
				  supervising, and training case management staff;
(3) Maintaining individual personnel files on
				  all staff assigned to provide case management services to clients. The
				  personnel files shall provide evidence of:
(A) Current Hawaii professional licenses, as
				  applicable;
(B) Appropriate
				  education and work experience;
(C)
				  Current job description;
(D)
				  Documentation of current blood borne pathogen and infection control training
				  and cardiopulmonary resuscitation training for personnel in direct contact with
				  a potential or current client;
(E)
				  Current tuberculosis clearance that complies with department guidelines, for
				  personnel in direct contact with a potential or current client;
(F) Current valid driver's license and access
				  to an insured vehicle, as applicable;
(G) Orientation to the case management
				  program, including operational procedures, agency policies and procedures, and
				  case management responsibilities;
(H) A signed statement indicating the
				  employee's understanding of the case management agency's background check
				  policies; and
(I) Current
				  background checks and signed statements, as provided in section 11-800-7.1;
				  and
(4) Designating and
				  authorizing an acting administrator who shall be responsible for the operation
				  of the program in the absence of the regular administrator. The department
				  shall be notified in writing when the designation is made, including the name
				  and the period during which the acting administrator shall be in charge. The
				  acting administrator shall be:
(A) A staff
				  member of the agency;
(B) Qualified
				  to carry out the responsibilities of an acting administrator;
(C) In compliance with personnel requirements
				  for licensure, as applicable; and
(D) Assigned when the regular administrator
				  is unable to perform the administrator' s regular duties for one or more
				  days.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-22 - Administrative requirements

Current through June, 2024
(a) The case
				  management agency shall have written policies and procedures that are
				  consistent with the applicable requirements of this chapter and that relate to:
(1) Overall program management, including
				  administrative, personnel, quality assurance such as continuous quality
				  improvement, risk management, fiscal, assignment of an acting administrator
				  when the regular administrator is absent, and program reporting
				  requirements;
(2)Compliance with
				  all applicable federal and state laws, including but not limited to those:
(A) Pertaining to adult and child protective
				  services reporting; and
(B)
				  Prohibiting discrimination against any person, on the grounds of race, color,
				  national origin, religion, creed, sex, age, marital status, handicap, or arrest
				  and court records;
(3)
				  Having an alcohol and drug-free workplace;
(4) Services to clients, including the
				  standards and requirements for application, eligibility, admission,
				  waitlisting, suspension, discharge, transfer, and readmission;
(5) Case management service responsibilities,
				  such as but not limited to:
(A)
				  Assessment;
(B) Development and
				  authorization of service plans;
(C)
				  Service coordination;
(D)
				  Monitoring;
(E) Reassessment
				  procedures;
(F) Client record and
				  documentation requirements;
(G)
				  Client budgetary procedures; and
(H)
				  Confidentiality and client rights;
(6) Access to case management agency and
				  client records upon request by the department or the department's designee;
				  and
(7) Cooperation with the
				  department when immediate removal of clients is necessary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-23 - Contracting with residential care facilities

Current through June, 2024
The case management agency shall not enter into any
					 agreement or contract with a residential care facility:
(1) If the residential care facility is a
				  community care foster family home or expanded adult residential care home and
				  the primary caregiver, substitute caregiver, owner of the property, holder of
				  the certificate or license, or any other adult in the facility, except for
				  clients, is related in any way to a paid or unpaid member of the staff or
				  officer of the case management agency; or
(2) That requires the residential care
				  facility to accept the case management agency's clients exclusively.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-24 - Application for case management services

Current through June, 2024
The case management agency shall:
(1) Provide information to individuals and
				  agencies regarding its case management services, eligibility criteria, and its
				  application, admission, and other processes;
(2) Utilize a standardized intalce tool to
				  request pertinent applicant information to determine eligibility for case
				  management services;
(3) Ensure
				  that all eligibility requirements for the placement of an individual with
				  nursing facility level of care needs in a residential care facility are met
				  prior to the individual's admission;
(4) Use a standardized assessment tool to
				  assess the applicant's needs prior to being accepted as a client of the case
				  management agency. This assessment shall include social and nursing evaluations
				  that review the individual's health, functional, psychosocial, and financial
				  situations and options for residential care; and
(5) Provide information about and referral to
				  other community resources, as appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-25 - Service plan

Current through June, 2024
(a) The service plan shall be based upon
				  comprehensive assessments of the individual by appropriate case
				  managers.
(b) The case management
				  agency shall develop and authorize a service plan prior to the individual's
				  admission to a residential care facility.
(c)The service plan shall be written in a
				  language that is understandable to the individual, the individual's family, the
				  individual's legal representative, and the primary and substitute
				  caregivers.
(d) The service plan
				  shall:
(1) Identify the problems and needs of
				  the client, including any need to purchase specialized medical equipment and
				  supplies;
(2) Establish realistic
				  measurable goals to be attained for each problem identified in the social and
				  nursing assessments;
(3) Identify
				  specific interventions and tasks to be implemented to address each problem and
				  to ensure achievement of the goals specified in the service plan;
(4) Identify specific types of services
				  needed, the number of units, duration, and the frequency of service
				  provision;
(5) Specify the service
				  provider or providers, primary and substitute, formal or informal, medicaid
				  waiver or non-waiver, needed to address each problem and achieve each goal to
				  safely maintain and support the client in a residential care
				  facility;
(6) Be agreed to by the
				  client or the client's legal representative;
(7) Establish the frequency of case manager
				  contacts, with a minimum frequency of once a month face-to-face contacts with
				  the client;
(8) Be reviewed,
				  updated, and authorized, minimally once every six months or sooner when changes
				  occur, to reflect the client's current status and needs; and
(9) Include a transportation plan to meet the
				  non-medical transportation needs of the client as provided in section
				  11-800-41(b)(5).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-26 - Service coordination

Current through June, 2024
(a) The case
				  management agency shall promote continuity of client care, appropriate
				  integration, and utilization of services by;
(1) Authorizing, locating, and arranging for
				  services necessary to implement the client's service plan;
(2) Providing caregivers, prior to the
				  admission of the client, with all necessary forms, records, and information
				  about the client and the client's service plan to ensure timely and quality
				  service delivery;
(3) Assuring that
				  the caregivers have the necessary skills to implement the service
				  plan;
(4) Referring clients to the
				  primary caregiver who, based on the case management agency's determination, has
				  the ability to meet the health, welfare, and psychosocial needs of the
				  individual, including care needs identified in a service plan;
(5) Conducting or coordinating caregiver
				  training as necessary to ensure that the caregivers are skilled to care for the
				  clients in their residential care facilities;
(6) Coordinating hospital discharge, respite,
				  home transfers, transfers between case management agencies, and other services
				  as appropriate;
(7) Using only
				  appropriately licensed or certified residential care facilities;
(8) Advocating for clients;
(9) Facilitating and mediating the resolution
				  of conflicts that may arise between clients and service providers;
(10) Arranging and participating in client
				  care conferences, as appropriate; and
(11) Assisting the client or the client's
				  family with obtaining a legal representative, such as a guardian, when
				  necessary and appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-27 - Service monitoring

Current through June, 2024
(a) The case
				  management agency shall provide continuing, regular contact with the client,
				  caregiver, and other service providers to ensure that:
(1) Services are being provided in accordance
				  with the service plan and continue to meet the client's needs;
(2) The caregiver and residential care
				  facility environment continue to meet the client's needs;
(3) Sufficient progress is made towards
				  achieving desired goals and outcomes; and
(4) All of the client's rights, as provided
				  in section 11-800-50, are met.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-28 - Reassessment

Current through June, 2024
(a) The case management agency shall conduct
				  face-to-face reassessments every six months or sooner, as appropriate, and
				  shall use standardized assessment tools to reevaluate the client's:
(1) Diagnosis, health, functional,
				  psychosocial, financial, and environmental needs; and
(2) Compliance with the client's service
				  plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-29 - Reduction and termination of services

Current through June, 2024
The case management agency shall reduce or terminate its
					 services to a client, as appropriate when:
(1) Friends or relatives of the client
				  express willingness and are able to care for the client without
				  charge;
(2) A service provider
				  refuses to provide requested services or the service provider's contract is
				  canceled and no other options are available;
(3) The client no longer needs nursing
				  facility level of care,-
(4) The
				  client or the client's legal representative chooses institutional care in lieu
				  of community-based services;
(5)
				  The client's case manager determines that the services necessary to assure the
				  health and welfare of a client cannot be provided through placement in a
				  residential care facility.
Termination can occur after another viable alternative has
					 been arranged for the client;
(6) The client moves out of the State of
				  Hawaii;
(7) The client or the
				  client's legal representative voluntarily requests termination from the
				  program; or
(8) The client
				  dies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-30 - Grievance

Current through June, 2024
The case management agency shall have policies and
					 procedures by and through which a client may present grievances about the
					 operation or services of the case management agency. The policies shall include
					 a provision that a client may choose to present any grievance directly to the
					 department. The case management agency shall:
(1) Inform the client or the client's legal
				  representative of the grievance policies and procedures and the right to appeal
				  in a grievance situation;
(2)
				  Provide a written copy of the grievance policies and procedures to the client
				  or the client's legal representative, which includes the names and telephone
				  numbers of the individuals who shall be contacted in order to report a
				  grievance;
(3) Obtain signed
				  acknowledgments from the client or the client's legal representative that the
				  grievance policies and procedures were reviewed; and
(4) Ensure that operators of residential care
				  facilities serving the case management agency's clients are aware of and comply
				  with the case management agency's policies and procedures for clients'
				  grievances.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-31 - Records

Current through June, 2024
(a) The case management agency shall maintain
				  individual client records in a manner which ensures legibility, order, and
				  timely signing and dating of each entry in black ink.
(b) Client records shall be kept in detail
				  to:
(1) Permit effective professional review;
				  and
(2) Provide information for
				  necessary follow-up and care for the client.