reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-3 - License or learner's permit required

Current through June, 2024
(a) Every person
				operating or driving a motor vehicle shall have in his possession a valid
				driver's license or a learner's permit.
(b) A person in possession of only a
				learner's permit shall be accompanied, while driving a motor vehicle, by a
				licensed driver who shall be seated beside him. Learner's permit shall be valid
				for sixty days, but may be renewed.
(c) If there are any restrictions to be
				placed on the operation of a motor vehicle such restrictions shall be entered
				on his permit or license either when issued or at any time
				thereafter.
(d) Any person who
				shall have in his possession a valid, unexpired driver's license issued by a
				state of the United States, or a political subdivision of any such state, shall
				be permitted to operate a motor vehicle within Kalawao county; PROVIDED,
				HOWEVER, that this section shall not authorize any person to operate a motor
				vehicle in Kalawao county after the expiration of ninety days from the date of
				his arrival in the county, unless he shall have been issued a county license by
				the sheriff.
(e) Notwithstanding
				subsections (a) and (b) hereinabove, where it appears to the sheriff that an
				applicant for a driver's license or a learner's permit or a duly licensed
				driver may be unable to operate a motor vehicle with safety, due to a physical
				defect or impairment, the sheriff in his discretion may withhold issuance of a
				license or permit or temporarily suspend a license already issued and may
				require such applicant or licensed driver to produce a certificate from a duly
				qualified physician stating that the applicant's or licensed driver's ability
				to safely operate a motor vehicle is not adversely affected by such physical
				defect or impairment, before a driver's license or learner's permit is issued
				or the suspended license is restored.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-4 - Enforcement and obedience to traffic regulations

Current through June, 2024
(a) Every
				officer of the Kalaupapa police department may enforce, control and direct
				traffic.
(b) No person shall
				willfully fail or refuse to comply with any lawful order or direction of any
				police officer in the control or regulation of traffic.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-5 - Observing traffic regulations

Current through June, 2024
The driver of any vehicle shall obey the instructions of any
				  traffic control device, including traffic signs, as have been posted by the
				  Kalaupapa police department, and approved by the director of health or his duly
				  authorized representative.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-6 - Driving on the right side of the roadway

Current through June, 2024
Upon all roadways of sufficient width, a vehicle shall be
				  driven on the right half thereof, except when overtaking and passing another
				  vehicle proceeding in the same direction. The driver of a vehicle overtaking
				  another shall pass to the left thereof, at a safe distance, and shall not again
				  drive to the right side of the roadway until safely clear of the overtaken
				  vehicle.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-7 - Right of way

Current through June, 2024
(a) Drivers shall
				slow down before crossing any intersection. If two vehicles approach an
				unmarked intersection at approximately the same time from different directions,
				the one to the right shall have the right-of-way, and the driver of the other
				vehicle shall yield the right-of-way.
(b) The driver of a vehicle coming to an
				intersection with a "Stop" sign shall yield the right-or-way to all other
				vehicles. The driver of a vehicle within an intersection intending to turn to
				the left shall yield the right-of-way to vehicles approaching from the opposite
				direction.
(c) At intersections and
				marked crosswalks, pedestrians have the right-of-way over all vehicles, but
				pedestrians crossing a street or roadway at any other point shall yield the
				right-of-way to oncoming vehicles.
(d) A vehicle entering a street or roadway
				from a private driveway, from a unit home driveway or entrance, or from a
				parking area, shall come to a complete stop before entering the street or
				roadway.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-8 - Speed limits

Current through June, 2024
No person shall drive a vehicle at a speed greater than is
				  reasonable and prudent under the conditions and having regard to the actual or
				  potential hazards then existing. In no case shall the speed exceed the
				  following established speed zones, within the county of Kalawao:
(1) Hospital Zones. Fifteen miles per
				hour.
(2) Unit Home Drives. Fifteen
				miles per hour.
(3) Within the
				settlement proper, including the inner cattle guards. Twenty-five miles per
				hour.
(4) Outside the settlement
				proper. Thirty-five miles per hour.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-9 - Attention to driving

Current through June, 2024
(a) Every driver of
				a motor vehicle shall exercise due care in the operation of such vehicle upon
				any street or roadway in order to avoid collision with any person, vehicles or
				other property on or off such street or roadway.
(b) The driver of any vehicle upon any street
				or roadway, before starting, turning or stopping such vehicle, shall first see
				that such movement or cessation of movement can be made with reasonable
				safety.
(c) The driver of a motor
				vehicle shall not follow another vehicle more closely than is reasonable and
				prudent, having due regard for the speed of such other vehicle, and the
				condition of the street or roadway.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-10 - Hand signals

Current through June, 2024
Appropriate hand signals, or signals by approved mechanical
				  means, shall be given during the one hundred feet before stopping or turning at
				  an intersection, or slowing down for parking, turning off the street or road,
				  or any other purpose. When hand signals are used, a right turn shall be
				  indicated by holding the arm upwards, a left turn by holding the hand and arm
				  horizontally, and slowing or stopping by holding the arm
				  downwards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-11 - Parking

Current through June, 2024
(a) Vehicles shall not be permitted to stand
				upon a street or roadway so as to obstruct traffic. Vehicles shall be parked
				only in areas set aside for parking, or off the street on shoulders or other
				appropriate adjoining areas, provided that the vehicle is off the paved portion
				of the street.
(b) Parking shall
				not be permitted within ten feet of any fire hydrant, within ten feet of any
				transformer bank, within twenty feet of any intersection or unit home entrance,
				within thirty feet of a "Stop" sign, within four feet of a private driveway
				entrance or within restriction indicated by signs.
(c) Unit home driveways shall be kept open
				for through traffic at all times and cars parked thereon shall not obstruct the
				way.
(d) Violations of the parking
				provision of this regulation shall be subject to a fine of one dollar for each
				offense cited. A police officer who observes a parking violation shall issue a
				traffic citation and require the violator to post a bail bond in the sum of one
				dollar for appearance at the next succeeding session of the District Court. The
				bail bond may be forfeited in lieu of appearance at the next succeeding session
				of the District Court. This bail bond may be forfeited in lieu of appearance
				before the court for trial.
(e) No
				person driving, or in charge of a motor vehicle, shall permit it to stand
				unattended without first stopping the engine, locking the ignition and
				effectively setting the brakes thereon, and when standing upon any grade,
				turning the front wheels to the curb or side of the highway.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-12 - Unlawful riding

Current through June, 2024
(a) No person shall
				ride on any vehicle or any portion of a vehicle not designed or intended for
				the use of passengers. This provision shall not apply to employees engaged in
				the necessary discharge of a duty or to persons riding in truck bodies and
				within trailers in a space intended for merchandise.
(b) No person shall board or alight from any
				vehicle while such vehicle is in motion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-13 - Accidents

Current through June, 2024
(a) The driver of any vehicle involved in any
				accident resulting in injury to or death of any person, or damage to any
				vehicle or other property, shall immediately stop such vehicle at the scene of
				the accident or as close thereto as possible without obstructing traffic any
				more than is necessary.
(b) The
				driver shall remain at the scene of the accident or as close thereto as
				possible, and shall render to any person injured in such accident reasonable
				assistance, including making arrangements for the transportation of such
				injured person or persons to a physician, surgeon or hospital for medical or
				surgical treatment, if it is apparent that such treatment is necessary, or if
				requested by the injured person or persons.
(c) The driver of any vehicle involved in an
				accident shall give his name, address and such information as will identify the
				vehicle he is driving and shall, upon request, exhibit his driver's license to
				the person struck. Where the vehicle struck is unattended, the driver shall
				leave in a conspicuous place in the vehicle struck, a written notice giving the
				name and address of the driver and of the owner of the vehicle doing the
				striking, together with such information as will identify the vehicle, and a
				statement of the circumstances thereof.
(d) The driver of any vehicle involved in an
				accident shall give notice of such accident to the police department by the
				quickest means of communication available, and shall assist the police
				department in such matters as may be requested.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-14 - Safety equipment and inspection

Current through June, 2024
(a) Every motor
				vehicle shall have a foot brake sufficient to stop the vehicle within thirty
				feet when traveling at twenty miles per hour and a hand brake sufficient to
				hold the vehicle on any grade upon which it may operate or stand.
(b) Every motor vehicle operated at night
				shall have headlights sufficient to see a person at a distance of not less than
				two hundred feet, adjusted so as not to shine directly into the eyes of
				oncoming drivers, and a red tail light on the left rear of the vehicle which is
				visible for not less than two hundred feet.
(c) Every motor vehicle operated upon any
				street or roadway shall have a red stop light on the rear which lights when the
				foot brake is applied and is visible for not less than one hundred feet. This
				subsection shall not apply to any caterpillar tractor, bulldozer, road roller,
				road grader, front end loader, hydraulic lift truck, motorized mower and crane.
				Vehicles excluded from this subsection, when operated on a public highway,
				shall have a red flag attached to the rear by day and a red light visible for
				not less than two hundred feet by night to give warning to vehicles following
				them.
(d) Every motor vehicle shall
				have an operable windshield wiper if the vehicle has a windshield, and a rear
				view mirror to permit seeing a following vehicle within two hundred
				feet.
(e) Every motor vehicle shall
				have a horn, that can be heard two hundred feet away, a muffler in good working
				order, and a mechanically safe steering mechanism with properly aligned
				wheels.
(f) Every motor vehicle
				shall undergo a safety inspection at intervals of not more than twelve months
				to determine the condition of brakes, lights, and other required equipment and
				shall not be operated if it does not have all required equipment properly
				adjusted and in good working order. Adequacy of safety equipment on motor
				vehicles operated in Kalawao county is subject to final approval by the
				sheriff, but he may delegate approval of inspection to any safety check
				stations he may designate as being qualified to perform the required
				inspection. Each car owner shall pay a one dollar fee for the safety
				inspection. Duplicate records of each inspection shall be made by those
				performing the inspection; a record of each inspection is to be retained and
				one copy forwarded to the sheriff.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-15 - Penalties and disposition

Current through June, 2024
(a) Any person
				violating any of the provision of this chapter, for which no other penalty
				shall have been prescribed, in the Hawaii Revised Statutes, shall be find not
				more than five hundred dollars ($500.00), or imprisoned not more than one (1)
				year or both.
(b) All fines and
				forfeitures collected upon conviction or upon the forfeiture of bail of any
				person charged with a violation of any section or provision of this rule shall
				be paid into the State Treasury and deposited into the general fund of the
				State of Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-16 - Severability

Current through June, 2024
Should any section, paragraph, sentence, clause, phrase, or
				  application of this chapter be declared unconstitutional or invalid for any
				  reason, the remainder or any other applications of this chapter shall not be
				  affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 1 - GENERAL PROVISIONS › Section 11-172-01 - Scope

Current through June, 2024
The rules in this chapter govern procedures before the
					 department of health for the certification and reimbursement of mental health
					 rehabilitation services providers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-03 - Certification required

Current through June, 2024
Each applicant who seeks to one or more of the following
					 services: assertive community treatment services; biopsychosocial
					 rehabilitation services; crisis management services; crisis residential
					 services; intensive outpatient hospital services; or therapeutic living support
					 services (hereinafter community mental health rehabilitation services or
					 "CMHRS") shall obtain certification pursuant to this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-04 - Filing of a provider application

Current through June, 2024
Each applicant seeking initial certification or provider
					 seeking re-certification under this chapter shall file an application with the
					 department. The application shall be filed on the form prescribed and furnished
					 by the department. The department shall not accept for filing any application
					 that is not submitted on the correct form.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-05 - Application forms

Current through June, 2024
The application form prescribed by the department may vary
					 according to the type of service being proposed in the application. The
					 department may revise or amend the application forms from time to time. An
					 application form may require the applicant to provide any information that is
					 reasonably necessary for an informed review of the application, and the
					 applicant shall provide the information in the form and manner that the
					 department may prescribe. The department may require the applicant to provide
					 supporting document, information submitted in the
					 application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-06 - Number of copies filed

Current through June, 2024
Unless the department directs otherwise, the applicant
					 shall file with the department the original and one copy of the application and
					 supporting documentation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-07 - When to file an application: new provider

Current through June, 2024
An applicant who is not yet certified by the department
					 may file an application at any time, or as directed by the
					 department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-08 - When to file an application: existing provider

Current through June, 2024
A provider who is already certified by the department, and
					 who is seeking renewal of a certificate, shall file an application at least
					 ninety days prior to the expiration of its existing
					 certificate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-09 - Complete application required

Current through June, 2024
The department requires a complete application for review.
					 The filing of an application with the department does not by itself mean that
					 the application is complete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-10 - Determination of completeness

Current through June, 2024
(a) An application
				  is complete when the department determines that the application is properly
				  filled out and includes all necessary information.
(b) The department shall determine if the
				  application is complete within ten business days after the application is
				  filed. If the application is incomplete, the department shall notify the
				  applicant of the actions or additional information required to complete the
				  application. The applicant shall have thirty calendar days in which to complete
				  the application. Thirty days shall be computed from the date when the
				  department provides notification to the applicant.
(c) If the applicant fails to complete the
				  application within the thirty days, the department shall dismiss the
				  application without prejudice.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-11 - Notification of completeness

Current through June, 2024
When the department determines that the application is
					 complete, it shall provide written notification to the applicant of the
					 beginning of the review period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-12 - Review period

Current through June, 2024
To the extent practicable, the period for department
					 review of the application shall not exceed ninety calendar days from the date
					 of notification of completeness to the date when the department issues its
					 decision on the application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-13 - Service standards

Current through June, 2024
The applicant shall submit documentation demonstrating
					 that it complies with the department service standards established in the
					 application form.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-14 - On-site survey

Current through June, 2024
The department may conduct an on-site survey of an
					 applicant for initial certification or renewal of certification. The applicant
					 shall provide access to all records necessary to verify compliance with
					 certification standards, and the department may conduct interviews with staff
					 and any other individual with the applicant's permission.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-15 - Decision on a certificate application

Current through June, 2024
(a) Unless the
				  application for a certificate has been withdrawn or dismissed, the department
				  shall make its decision on the application within the required time. The
				  decision may be:
(1) An approval;
(2) A disapproval; or
(3) A determination of noncompliance pursuant
				  to Section
				  11-172-16.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-16 - Failure to act within the required time

Current through June, 2024
A certificate shall not be issued or denied solely because
					 the department failed to issue a decision within the required
					 time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-17 - Determination of noncompliance

Current through June, 2024
If the department determines that an existing provider
					 applying for re-certification fails to comply with the certification
					 requirements, it may, within thirty days after the conclusion of the on-site
					 survey, provide a written statement of non-compliance. The statement of non
					 compliance shall describe the areas of non-compliance, suggest action needed to
					 bring the applicant's operation into compliance with the requirements of this
					 chapter, and set forth a timetable for the applicant to submit a written plan
					 of correction.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-18 - Plan of correction

Current through June, 2024
The applicant shall submit a written plan of correction
					 which shall describe the actions to be taken and specify a timetable for
					 correcting the areas of non-compliance with the certification requirements. The
					 applicant shall submit the written plan to the department within thirty days
					 after receipt of the written statement of non-compliance from the
					 department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-19 - Acceptance of plan of correction

Current through June, 2024
The department shall notify the applicant or provider if
					 the plan of correction is acceptable within thirty days after receipt of the
					 plan of correction.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-20 - Granting or continuation of certificate following implementation of plan of correction

Current through June, 2024
The department may grant or continue a certificate after
					 it verifies that the applican has complied with its written plan of correction
					 and meets all the certification requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-21 - Denial of certificate

Current through June, 2024
The department may deny any application for initial
					 certification or re certification for any of the following reasons:
(1) The applicant or provider is not licensed
				  to do business in the State of Hawaii;
(2) The applicant or provider does not meet
				  the service-specific standards detailed in the application form and
				  instructions;
(3) Previous felonies
				  committed by any of the applicant's or provider's management
				  personnel;
(4) Previous revocation
				  of medicaid or medicare certification or professional license of the applicant,
				  provider, or their respective staff;
(5) The applicant or provider lacks
				  sufficient organizational and fiscal infrastructure;
(6) The applicant or provider has received a
				  written statement of non-compliance pursuant to section
				  11-172-16
				  and has failed to submit a written plan of correction within the time specified
				  in section
				  11-172-17;
(7) The provider is in violation of the terms
				  of the AMHD contract and has not corrected the violation within the time
				  specified by AMHD; or
(8) The
				  applicant or provider has been terminated as an AMHD provider.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-22 - Appeal of denial

Current through June, 2024
Any applicant or provider denied certification under this
					 chapter may appeal to the Adult Mental Health Division in accordance with its
					 policies and procedures. If not satisfied with the final Adult Mental Health
					 Division decision, the applicant or provider may appeal in writing to the
					 director pursuant to the department's rules of practice and procedure. If no
					 request for an appeal is received by the director within forty-five days of the
					 mailing of the written decision to the respondent the decision shall become
					 final.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-23 - Term of certification

Current through June, 2024
Certification shall be granted for a period of time to be
					 determined by the department, but not to exceed three years from the date of
					 the department's decision under section
					 11-172-14, subject to the
					 applicant or provider's continuous compliance with certification requirements.
					 Certification shall remain in effect unless it expires, or is renewed or
					 revoked.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-24 - Unannounced on-site surveys

Current through June, 2024
The department may conduct on-site surveys of an applicant
					 or provider at any time without prior notice.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-25 - Certificate not transferable

Current through June, 2024
A certificate shall be issued only to the applicant named
					 in the application. The certificate may not be sold, assigned, leased, donated,
					 or otherwise transferred to any other applicant or provider.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-26 - Notification of changes by provider

Current through June, 2024
The provider shall notify the department immediately of
					 any changes in its operation that affect the provider's continued compliance
					 with these requirements, including changes in ownership, control, service,
					 affiliation, or referral arrangements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-27 - Revocation of certificate

Current through June, 2024
The department may revoke a certificate at any time if it
					 determines that the provider has failed to comply with any certification
					 requirement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-28 - Appeal of revocation

Current through June, 2024
Any provider whose certificate is revoked under this
					 chapter may appeal in accordance with Adult Mental Health Division policies and
					 procedures. If the provider is not satisfied with the final decision of the
					 Adult Mental Health Division, the provider may appeal the decision in writing
					 to the director pursuant to the department of health's rules of practice and
					 procedure. If no request for an appeal is received by the director within
					 forty- five days of the mailing of the written decision to the respondent the
					 decision shall become final.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 2 - PROVIDER CERTIFICATION PROCESS › Section 11-172-29 - Termination of certification

Current through June, 2024
Certification shall be considered terminated and invalid
					 after its expiration date if the provider fails to apply for renewal of
					 certification prior to the expiration, date of the certificate, voluntarily
					 relinquishes certification or goes out of business.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 3 - REIMBURSEMENT OF PROVIDERS › Section 11-172-30 - Contract for services

Current through June, 2024
Contract for services. The department may enter into
					 contracts with providers certified under this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 3 - REIMBURSEMENT OF PROVIDERS › Section 11-172-31 - Reimbursement for providers

Current through June, 2024
Providers submitting claims for medical assistance
					 reimbursement shall be reimbursed for services as provided in section
					 17-1737-44.1(f).
					 Providers shall submit their claims to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 3 - REIMBURSEMENT OF PROVIDERS › Section 11-172-32 - Medical assistance reimbursement

Current through June, 2024
Medical assistance reimbursement to providers shall only
					 be made for individuals eligible for medical assistance and who are medically
					 determined to need community mental health rehabilitation services. These
					 services must be recommended by a physician or other licensed practitioner to
					 promote the maximum reduction or restoration, or both, of an individual to the
					 individual's best possible functional level relevant to the individual's
					 diagnosis of mental illness, or mental illness and abuse of drugs or
					 alcohol.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 3 - REIMBURSEMENT OF PROVIDERS › Section 11-172-33 - Utilization management information and data

Current through June, 2024
Providers shall submit information and data regarding
					 appropriateness of CMHRS provided, lengths of stay, and quality of CMHRS
					 provided to the department. Upon request, the applicant or provider shall
					 deliver to the department the requested information. The department shall
					 develop and give to the applicant or provider forms for providing this
					 information, and shall review the information to determine compliance with
					 department policies and requirements. The department may establish policies and
					 procedures for conducting reviews under this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 11-172-34 - Free choice of provider

Current through June, 2024
All individuals receiving mental health rehabilitation
					 services under this chapter shall be entitled to choose their providers,
					 subject to availability, from among those certified under this
					 chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 172 - CERTIFICATION OF MEDICAID REHABILITATION OPTION PROVIDERS › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 11-172-35 - Severability

Current through June, 2024
If any provision of this chapter or application thereof to
					 any agency or circumstance is held invalid, the application of the remainder of
					 the chapter to other agencies or circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 174 - PAYMENT FOR HAWAII STATE HOSPITAL › Section 11-174-3 - Inclusive Rate

Current through June, 2024
The inclusive rate for the routine and ancillary services
				  per patient shall be $133 per day. The routine and ancillary services shall
				  include room and board, standard items of clothing and toilet articles, food
				  and nutrition services, laundry service, basic nursing and treatment supplies,
				  psychiatric and psychological services, medical and related services, nursing
				  services, neurological services, pharmacy services, occupational therapy
				  services, industrial therapy services, recreational services, and social
				  services. All such services shall be those which are regularly available and
				  provided within the usual resources of the Hawaii State
				  Hospital.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 11-175-1 - Purpose

Current through June, 2024
The purposes of this chapter are to:
(1) Establish the elements of and minimum
				  requirements for a comprehensive community-based mental health and substance
				  abuse system utilizing public and private resources to reduce the incidence of
				  mental or emotional disorders and substance abuse problems; and
(2) Establish the provisions for the
				  treatment and rehabilitation for those disorders and problems in the least
				  restrictive and most therapeutic environment possible.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-3 - State council on mental health and substance abuse

Current through June, 2024
(a) The
				  state council on mental health and substance abuse shall serve as an advisory
				  body to the department and the council's function shall not include any
				  clinical, administrative, or ''supervisory functions of the
				  department,
(b) The council shall:
(1) Advise the department on statewide needs
				  for mental health and substance abuse services through a review of needs
				  assessment data and by acquiring knowledge of community needs and by service
				  area board representation;
(2)
				  Review the services, statistics, and other available non-confidential
				  information to assure that services are responsive and appropriate;
(3) Advise the department on the allocation
				  of funds and resources for mental health and substance abuse
				  services;
(4) Review and comment on
				  the state plan;
(5) Prepare and
				  submit an annual report on implementation of the state plan to the governor and
				  the legislature not later than ten days before the convening of each regular
				  session of the legislature;
(6)
				  Consider issues and program direction concerning two or more service areas;
				  and
(7) Meet at least quarterly and
				  conduct all council meetings in accordance with chapter 92, HRS, and submit
				  recommendations to the department quarterly.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-4 - Composition of council

Current through June, 2024
(a) Each service
				  area board shall be represented on the council by one designated council member
				  who is also a service area board member.
(b) Members of the council shall be consumers
				  providers, and other residents with the majority being consumers and other
				  residents who are nonproviders of mental health, substance abuse, and other
				  health services.
(c) Members of the
				  council shall not vote on any question about which they are in conflict of
				  interest. Criteria for conflicts of interest, shall be as established in
				  section
				  84-14
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-5 - Vacancies

Current through June, 2024
When a vacancy on the council occurs, the council
					 shall:
(1) Publish notice of the
				  vacancy;
(2) Solicit nominations
				  from a variety of sources, including consumers, individual providers, agencies,
				  and other resident sources; and
(3)
				  Forward to the governor, the names of all persons nominated.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-6 - Designation of service areas

Current through June, 2024
(a) Any changes in
				  the number or boundary of service areas proposed by the director shall be
				  preceded by public hearing pursuant to chapter 91, HRS.
(b) Any proposals for redesignation of number
				  or boundary of service areas shall address the following factors:
(1) Estimated number of persons in need of
				  mental health and substance abuse services;
(2) The optimum number of persons who can be
				  effectively and efficiently served in any single service area;
(3) Geographic, demographic, cultural, and
				  social factors;
(4) Accessibility
				  of mental health and substance abuse services;
(5) Area boundaries of other health and human
				  services; and.
(6) Other factors
				  which foster the effective development, delivery, and coordination of mental
				  health and substance abuse services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-7 - Service area center

Current through June, 2024
The service area center shall be the focal point for the
					 development, delivery and coordination of services in that area. The location
					 of each service area center shall be in its geographical service
					 area.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-8 - Service area boards

Current through June, 2024
(a) A service area
				  board shall seek public comment, review, advise, and make recommendations to
				  its respective service area center chief on the services of the center and the
				  board's function shall not include any clinical, administrative, or supervisory
				  functions of the center.
(b) A
				  service area board shall:
(1) Serve as a
				  communication link to and from consumers and residents of the service area by
				  providing liaison with residents, community leaders, and organized groups to
				  comment and advise on unmet needs and problems;
(2) Bring to the attention of the service
				  area center chief and the state council through its council representative,
				  issues which appear to have an impact upon or may be of concern to two or more
				  service areas;
(3) Review the
				  service area center's program of services, statistics, and other available
				  nonconfidential information to assure that services are responsive to the needs
				  of service area consumers and residents;
(4) Review general policies and procedures
				  and make recommendations regarding the delivery of services to assure
				  accessibility, availability, and acceptability of services;
(5) Participate and make recommendations in
				  the development and updating of the service area plan and budget;
(6) Assist the center in providing
				  information to the community about services available through the
				  center;
(7) Perform such other
				  functions as agreed upon by the service area board and service area center
				  chief; and
(8) Meet at least
				  quarterly and conduct all board meetings in accordance with chapter 92, HRS,
				  and submit recommendations to the service area center chief
				  quarterly.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-9 - Composition of service area boards

Current through June, 2024
(a) Members of the
				  service area board shall be service area consumers, and other persons including
				  providers, who live or have their principal place of business in the service
				  area and who as a group are broadly representative of the service area. The
				  majority shall be consumers and other residents who are not providers of mental
				  health, substance abuse or other health services.
(b) Members of the service area board shall
				  not vote on any question about which they are in conflict of interest Criteria
				  for conflicts of interest shall be as established in section
				  84-14,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 2 - ADVISORY BODIES AND SERVICE AREAS › Section 11-175-10 - Vacancies

Current through June, 2024
Whenever a service area board vacancy occurs, the service
					 area board shall:
(1) Publish notice
				  of the vacancy;
(2) Solicit
				  nominations from a variety of sources, including consumers, individual
				  providers, agencies, and other resident sources; and
(3) Nominate four persons and forward their
				  names through the department to the governor for consideration.