Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 1 - SMALL INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-3 - Licensing

Current through June, 2024
(a) The facility shall meet all requirements
				  for licensure under state law. All small intermediate care facilities for the
				  mentally retarded defined pursuant to this chapter shall be licensed except
				  those operated by the federal government or agency thereof. The proprietor, the
				  governing body, or the person in charge shall file an application with the
				  director on forms furnished by the department, and the facility shall be
				  licensed pursuant to this chapter prior to admitting residents.
(b) The director or a designated
				  representative shall inspect each small intermediate care facility for the
				  mentally retarded at least annually for relicensing.
(c) Summary reports of annual licensing
				  inspections shall be kept on file in the facility.
(d) Following annual inspection, facilities
				  shall be allowed a reasonable time to implement an appropriate plan of
				  correction. However, a plan of correction shall be filed with the department
				  within ten days of reception of the list of deficiencies found during the
				  inspection. 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 application for renewal of a
				  license shall be rejected, except a provisional license may be issued at the
				  discretion of the director.
(e) Any
				  designated representative of the director may enter the premises at any
				  reasonable time to secure compliance with or to prevent a violation of this
				  chapter; or to investigate a complaint against the facility.
(f) Failure to correct any deficiencies found
				  at an inspection within a reasonable time shall be considered sufficient
				  grounds for revocation of a license.
(g) The director shall prescribe the content
				  and form of the license.
(h) In the
				  event of a change of name, location, ownership, or occupancy, the director
				  shall be notified fifteen days prior to the change; and inspection, at the
				  discretion of the director, shall be conducted and, if satisfactory, a new
				  license issued.
(i) Every regular
				  license shall continue in force for a period of one year unless otherwise
				  specified, or unless it is suspended or revoked. At least one month prior to
				  expiration of a license, the facility shall apply to the department for renewal
				  of the license.
(j) The current
				  license shall be posted in a conspicuous place visible to the public, within
				  the facility.
(k) The director,
				  after opportunity for a hearing pursuant to chapter 91, HRS, 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 residents or employees. Any person affected by the director's
				  final decision of denial, suspension, or revocation may appeal in accordance
				  with the law.
(l) An application
				  for a license may be denied for any of the following reasons:
(1) Failure to meet the standards prescribed
				  by the department.
(2) Financial
				  inability to operate and conduct the facility in accordance with these required
				  minimum standards and rules.