reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-13 - Denial of application for or renewal of certificate of approval

Current through June, 2024
(a) The certifying agency may deny an
				  application for or renewal of a certificate of approval for any of the
				  following reasons:
(1) Failure to meet any
				  provision of this chapter;
(2)
				  Submission of misleading, incorrect, false or fraudulent information;
(3) An applicant, certified caregiver,
				  substitute caregiver, or household member has a background history that the
				  department finds would pose a risk to the health, safety, or welfare of adults
				  with I/DD; or
(4) Any other reason
				  that serves the purpose of this chapter or section
				  321-11.2,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-14 - Denial of a substitute caregiver application

Current through June, 2024
(a) The
				  certifying agency may deny an application to be a substitute caregiver for any
				  of the reasons listed in section 11-148.1-14.
(b) If the certifying agency denies a
				  substitute caregiver application, the certifying agency shall send written
				  notification by certified mail to the applicant, including the reason for
				  denial.
(c) An individual aggrieved
				  by a decision made pursuant to this section shall have the right to appeal the
				  certifying agency's decision. The decision to deny a substitute caregiver
				  application shall become final thirty days upon receipt of the notice of denial
				  or revocation unless within those thirty days the applicant requests in writing
				  a hearing in accordance with this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-15 - Remedies

Current through June, 2024
(a) If the certifying agency determines that
				  any person is violating any provision of this chapter, section
				  321-11.2, HRS,
				  or the person's certificate of approval, the certifying agency shall send
				  written notification of violation and order by certified mail to the person.
				  The notice shall specify the alleged violation and the process to request in
				  writing a hearing as outlined in this chapter. The order may require that the
				  alleged violator do any or all of the following:
(1) Cease and desist from the
				  violation;
(2) Follow a plan of
				  correction and correct the violation at the alleged violator's
				  expense;
(3) Pay a fine not to
				  exceed $500 per violation;
(4)
				  Abide by new conditions attached to a certificate of approval. Conditions that
				  the certifying agency may impose on a certificate of approval include but are
				  not limited to:
(A) Restricting the total
				  number of adults with I/DD based upon the certified caregiver's ability to meet
				  the health and safety needs of the adults with I/DD;
(B) Restricting the impairment level of
				  adults with I/DD allowed in the home based upon the certified caregiver's
				  ability to meet the health and safety needs of the adults with I/DD;
(C) Requiring additional caregivers to meet
				  the needs of the adults with I/DD;
(D) Requiring additional qualifications or
				  training of the certified caregivers or substitute caregivers to meet specific
				  individual care and service needs;
(E) Requiring additional documentation;
				  or
(F) Restricting certified
				  caregivers from allowing person on the premises who may be a threat to an
				  individual's health, safety, or welfare.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-16 - Revocation of certificate of approval

Current through June, 2024
(a) The certifying
				  agency may revoke a certificate of approval for any of the following reasons:
(1) Violation of any provision of this
				  chapter;
(2) Submission of
				  misleading, incorrect, false, or fraudulent information;
(3) Where immediate action is required to
				  comply with the law or protect the health and safety of the adult with I/DD;
				  or
(4) Any other reason that serves
				  the purpose of this chapter or section
				  321-11.2,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-17 - Hearing

Current through June, 2024
Any hearing conducted under this section shall be conducted
					 as a contested case hearing in accordance with chapter
					 91, HRS, and chapter
					 11-1. The director or a delegated
					 representative shall preside over the hearing and issue a written decision to
					 the aggrieved person and the department within sixty calendar days from the
					 date of the hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-21 - Eligibility of individuals to be cared for

Current through June, 2024
(a)
				  Individuals admitted into the adult foster home shall be deemed eligible by the
				  department to receive division or Medicaid waiver services, as outlined in
				  chapter
				  11-88.1, HAR.
(b) Individuals with intellectual or
				  developmental disabilities residing in the adult foster home shall be age
				  eighteen or older, unless the home is dually certified as a resource family
				  home for children with intellectual or developmental disabilities pursuant to
				  sections
				  321-11.2 and
				  346-17,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-22 - Admission

Current through June, 2024
(a) The certified caregiver shall verbally
				  notify the certifying agency within twenty-four hours of any admission and
				  provide the certifying agency with a copy of a signed residency agreement
				  within seventy-two hours of admission.
(b) The case management branch shall ensure
				  that the following documents are given to the certified caregiver within
				  seventy-two hours of admission:
(1) A copy of
				  the most recent individualized service plan for the adult with I/DD that
				  documents that the residential setting was selected by the adult with I/DD
				  among setting options, including non-disability specific settings and a private
				  unit in a residential setting;
(2)
				  A copy of the results of an annual physical examination of the adult with I/DD
				  made within the last twelve months;
(3) A copy of current physician orders for
				  all medications and treatments, including supplements and over the counter
				  medications, diet, including enteral nutrition for the adult with
				  I/DD;
(4) A copy of tuberculosis
				  clearance for the adult with I/DD, in accordance with current department of
				  health examination procedures and regulations, chapter § 11-164.2,
				  HAR;
(5) Pertinent information on
				  the health of the adult with I/DD, including but not limited to known
				  communicable diseases and particular medical or health concerns;
(6) Copies of documents relating to
				  guardianship of the adult with I/DD, or conservatorship of property, power of
				  attorney, health care representation, personal representation or any other
				  legal restrictions on the rights of the adult with I/DD, if applicable;
				  and
(7) A copy of the most recent
				  nurse delegated care plan, functional behavior assessment and behavior support
				  plan, if applicable for the adult with I/DD.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-23 - Number of individuals to be cared for

Current through June, 2024
(a) Except as
				  provided in subsection (b), an adult foster home shall care for no more than
				  two adults with I/DD.
(b) To
				  accommodate residents of a foster boarding home for children with intellectual
				  or developmental disabilities who reach the age of eighteen years, where the
				  home is certified as a foster boarding home for children under section 34617,
				  HRS, the director of health may waive the two-adult limit for certification of
				  that home as an adult foster home, provided that:
(1) The total number of foster children with
				  intellectual or developmental disabilities and adults with I/DD, related or
				  unrelated to the certified caregivers, in the dually certified home shall not
				  exceed three; and
(2) No new adults
				  may be admitted into the home while there are any foster children residing in
				  the home.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-24 - Record of adult with I/DD

Current through June, 2024
(a) The record of
				  the adult with I/DD shall be kept by the adult foster home and shall include
				  the following information:
(1) The name and
				  birth date of the adult with I/DD;
(2) The adult foster home admission and
				  discharge dates, if applicable, for the adult with I/DD;
(3) The name of the primary care physician
				  for the adult with I/DD, including the physician's address and telephone
				  number;
(4) Emergency contact
				  information for the adult with I/DD;
(5) Copies of annual medical examinations of
				  the adult with I/DD, and other periodic examinations, evaluations, progress
				  notes, or laboratory reports that document the presence of any known allergies,
				  physical disabilities or limitations, specific health needs and communicable
				  conditions, including a tuberculosis clearance, in accordance with current
				  department of health examination procedures and regulations, chapter 11164.2,
				  HAR;
(6) Written observations of
				  the adult with I/DD regarding the adult with I/DD's response to medication,
				  treatments, use of any restraint or prohibited restrictive intervention, diet,
				  plan of care; any changes in the condition of the adult with I/DD; indications
				  of illness or injury, behavior patterns including the date, time, and actions
				  taken, if any, recorded monthly or more often as appropriate and immediately
				  when any incident occurs;
(7)
				  Documentation of medications and treatments administered to the adult with
				  I/DD. Administration of medications and treatments shall be consistent with the
				  physician orders and the medication administration record;
(8) Physician's signed orders for all
				  medications and treatment given to the adult with I/DD, including supplements
				  and diet, including enteral nutrition;
(9) Notation of all over the counter
				  medications;
(10) Recording of the
				  weight of the adult with I/DD at least once a month, or more often as directed
				  by the physician, except in situations where the adult with I/DD is unable to
				  bear weight;
(11) A monthly
				  accounting record of the adult with I/DD's money;
(12) A current inventory of the adult with
				  I/DD's possessions;
(13) Notation
				  of visits made to the adult with I/D by their family and others;
(14) Notation of visits the adult with I/DD
				  makes to their family and others;
(15) Copies of any adverse event reports
				  involving the adult with I/DD that occur in the adult foster home or while in
				  the care of the certified or substitute caregiver; and
(16) Residency agreement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-25 - Adult foster home record

Current through June, 2024
(a) The certified
				  caregiver shall maintain an adult foster home record and shall make the record
				  available to the certifying agency upon request.
(b) The adult foster home record shall
				  include:
(1) Monthly fire drill
				  reports;
(2) Adult foster home
				  inspection reports;
(3) Adult
				  foster home certificate of approval;
(4) Training certificates for the certified
				  caregiver and substitute caregiver, if applicable;
(5) First aid certification for the certified
				  caregiver and substitute caregiver, if applicable;
(6) Cardiopulmonary Resuscitation (CPR)
				  certifications for the certified caregiver and substitute caregiver, if
				  applicable; and
(7)
				  Admission/discharge forms for each adult with intellectual or disabilities
				  living in the adult foster home.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-26 - Contacts with the foster home

Current through June, 2024
(a) The foster home
				  shall be visited by staff authorized by the department as frequently as needed
				  to ensure:
(1) The health, safety, and welfare
				  of the adult with I/DD; and
(2)
				  That the adult foster home continues to meet the requirements for
				  certification.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-27 - Surrender of certificate

Current through June, 2024
(a) A certified
				  caregiver may voluntarily surrender a certificate of approval to the certifying
				  agency at any time.
(b) If a
				  certified caregiver voluntarily surrenders a certificate of approval, the
				  certified caregiver shall:
(1) Follow the
				  discharge of adult with I/DD procedures outlined in this chapter;
(2) Submit in writing, reason(s) for
				  surrendering the certificate of approval and contact information for the
				  person(s) responsible for the closure of the adult foster home; and
(3) Return the certificate of approval to the
				  certifying agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME › Section 11-148.1-28 - Change in information

Current through June, 2024
(a) The certified
				  caregiver shall notify the certifying agency of any changes in contact
				  information.
(b) The certified
				  caregiver shall notify the certifying agency in writing no less than fourteen
				  days in advance of any change that may affect the caregiver's qualifications
				  for certification, and submit to the certifying agency supporting documentation
				  to prove that the certified caregiver continues to be qualified.
(c) The certified caregiver shall report to
				  the certifying agency in writing within seventy-two hours of any change to the
				  household, which may affect the adult with I/DD, such as, but not limited to:
				  household composition, medical condition, employment, residence, death, and
				  marital status.
(d) In the event of
				  a change for which the certifying agency does not have prior notice, the
				  certified caregiver shall notify the certifying agency immediately upon
				  learning of the change.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-32 - Member of foster family

Current through June, 2024
(a) An adult with
				  I/DD shall be cared for as a family member and shall share in the foster
				  family's activities and responsibilities.
(b) The certified caregiver shall be
				  responsible for providing transportation for the adult with I/DD to attend
				  social, recreational, and medical related activities. Before providing
				  transportation for the adult with I/DD, the certified caregiver shall:
(1) Possess a valid driver's license and have
				  access to an insured vehicle which meets the requirements of this chapter;
				  or
(2) Submit a written alternative
				  transportation plan to the certifying agency for approval. The transportation
				  plan shall include use of an insured vehicle and a driver who possesses a valid
				  driver's license.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-33 - Health

Current through June, 2024
(a) The certified caregiver shall be
				  responsible for ensuring that the adult with I/DD has a complete physical
				  examination by a licensed physician annually and receives follow-up care by
				  other medical or health professionals as needed.
(b) The certified caregiver shall be
				  responsible for ensuring that the physician's or other medical or health
				  professional's orders for the adult with I/DD are followed.
(c) The certified caregiver shall inform
				  physicians and other health professionals of changes in the health status of
				  the adult with I/DD.
(d) The
				  certified caregiver shall keep the case management branch informed of the
				  current health status of the adult with I/DD and notify the case management
				  branch of any significant change in the health status of the adult with
				  I/DD.
(e) The certified caregiver
				  shall be responsible for the safe storage and disposal of the adult with I/DD's
				  medications. Medications must be stored in a locked container or cabinet.
				  Refrigerated medication must be stored in a locked container in the
				  refrigerator.
(f) The adult with
				  I/DD's medication shall not be stored with another person's
				  medication.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-34 - Emergencies and adverse events

Current through June, 2024
(a) The certified
				  caregiver shall obtain instructions from the case management branch and family
				  or legal guardian regarding procedures to follow in case of sudden illness or
				  accidents involving the adult with I/DD.
(b) If the adult with I/DD has an accident,
				  serious injury, severe illness, or dies, the certified caregiver shall
				  immediately contact:
(1) The adult with I/DD's
				  family or their legal guardian; and
(2) The case management branch.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-35 - Diet

Current through June, 2024
(a) The certified caregiver shall provide the
				  adult with I/DD with a well-balanced, nutritious diet that is consistent with
				  their physician's order(s).
(b) The
				  adult with I/DD shall have access to food at any time. Any modification to this
				  provision must be supported by a specific assessed need and justified in the
				  adult with I/DD's individualized service plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-36 - Clothing and personal supplies

Current through June, 2024
The certified caregiver shall:
(1) Ensure that the adult with I/DD's
				  clothing is clean, in good condition, and of appropriate size; and
(2) Provide each adult with I/DD with a comb,
				  toothbrush, and other necessary toiletries.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-37 - Recreation and social activities

Current through June, 2024
(a) The certified
				  caregiver shall:
(1) Provide a well-balanced
				  daily program for the adult with I/DD, including appropriate time for rest,
				  regular meal hours, and recreation;
(2) Allow and provide access for the adult
				  with I/DD to participate in appropriate and integrated social and recreational
				  activities in the community; and
(3) Allow and provide access for the adult
				  with I/DD to have visits with relatives and friends at any time.
(4) Ensure that the adult with I/DD has the
				  freedom and support to control their own schedule and activities.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-38 - Training and behavior supports

Current through June, 2024
(a) Training and
				  behavior supports shall be carried out with kindness, understanding, and in
				  accordance with the individualized service plan, behavior support plan, of the
				  adult with I/DD, and the division's policy on positive behavior
				  supports.
(b) No adult with I/DD
				  shall be subjected to any action that would endanger their physical or
				  emotional well-being.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-39 - Religion

Current through June, 2024
The religious faith of each adult with I/DD shall be
					 respected and the adult with I/DD shall be afforded the opportunity to attend
					 religious service of their choice.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-40 - Accounts of the adult with I/DD

Current through June, 2024
(a) The certified
				  caregiver shall keep an accurate accounting record of the adult with I/DD's
				  money and any disbursements on an ongoing basis, including receipts for
				  expenditures, and a current inventory of their possessions.
(b) The certified caregiver shall obtain
				  guidance from the case management branch and consult with the adult with I/DD's
				  guardian or conservator, if necessary, regarding use of the adult with I/DD's
				  personal funds.
(c) No person
				  associated with the operation of an adult foster home shall serve as a trustee
				  for any adult with I/DD.
(d) The
				  certified caregiver may be permitted to become a representative payee under
				  conditions set forth by the Social Security Administration.
(e) The personal property kept by the adult
				  foster home for safekeeping shall be released upon the adult with I/DD's
				  request. If the adult with I/DD is legally incompetent, the personal property
				  shall be released to their legal guardian or responsible agency. This
				  transaction shall be documented in the record of the adult with I/DD.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-41 - Rights of the adult with I/DD

Current through June, 2024
The certified caregiver shall ensure that each adult with
					 I/DD:
(1) Has the right to privacy,
				  dignity, and respect, and freedom from coercion and restraint;
(2) Is treated with understanding, respect,
				  dignity and individuality, including privacy in treatment and in caring for the
				  personal needs of the adult with I/DD;
(3) Be free from abuse, neglect, humiliation,
				  harassment, and any action that would endanger the physical or emotional
				  well-being of the adult with I/DD;
(4) Has personal and medical records kept
				  confidential and subject to release only as provided in this chapter;
(5) Not be required to perform services for
				  the adult foster home unless agreed to by the adult with I/DD or guardian and
				  documented in the individualized service plan;
(6) Has the freedom and support to control
				  their own schedule and activities;
(7) Has a setting that is integrated in and
				  supports full access to community, including opportunities to seek employment
				  and work in integrated settings, engage in community life, control personal
				  resources and receive services in the community to the same degree of access as
				  individuals not receiving medicaid home and community based services;
(8) Has the right to select their residential
				  setting from among setting options, including non-disability specific settings
				  and a private unit in a residential setting;
(9) Retain and use personal clothing and
				  possessions;
(10) Be assured of
				  privacy for visits by family and friends;
(11) Has the right to suitable locked storage
				  space;
(12) Be encouraged and
				  assisted in exercising the right to voice grievances or recommend changes in
				  services;
(13) Be encouraged to
				  optimize, but not regiment individual initiative, autonomy, and independence in
				  making life choices, including but not limited to daily activities, physical
				  environment, and with whom to interact; and
(14) Has these rights explained to them or
				  their guardian, if one is appointed, and a signed acknowledgment shall be kept
				  in the adult with I/DD's record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 4 - CARE OF ADULT WITH I/DD › Section 11-148.1-42 - Discharge of the adult with I/DD

Current through June, 2024
(a) An adult with
				  I/DD may be discharged from an adult foster home when:
(1) The adult with I/DD undergoes physical,
				  behavioral, or mental changes that require services that the adult foster home
				  cannot provide;
(2) The certified
				  caregiver undergoes physical, behavioral, or mental changes that leave the
				  certified caregiver unable to provide the necessary care and
				  supervision;
(3) The adult with
				  I/DD wants to be discharged; or
(4)
				  The adult foster home wants to discharge the adult with I/DD.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-46 - Background checks

Current through June, 2024
(a) Applicants,
				  certified caregivers, and substitute caregivers shall show evidence of being
				  well-adjusted persons, capable of accepting, understanding, and caring for
				  adults with I/DD and working with the certifying agency.
(b) All adult household members shall be of
				  reputable character and shall not have a criminal history record or background
				  which poses a risk to the adult with I/DD;
(c) The following are subject to background
				  checks conducted by the department or its designee:
(1) Each applicant;
(2) Each certified caregiver;
(3) All substitute caregivers;
(4) All adult household members;
				  and
(5) Any direct patient access
				  employee as defined in section
				  321-15.2,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-47 - Training

Current through June, 2024
(a) Applicants, certified caregivers and
				  substitute caregivers shall have current certification in first aid and
				  cardiopulmonary resuscitation.
(b)
				  In accordance with departmental policy, certified caregivers and substitute
				  caregivers must successfully complete a department-approved training program
				  for persons with I/DD.
(c)
				  Applicants must successfully complete additional training as required by the
				  certifying agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-48 - References

Current through June, 2024
(a) Applicants shall provide three personal
				  references from individuals who:
(1) Have
				  adequate knowledge of the applicant and the applicant's family background in
				  terms of character and ability to care for adults with I/DD;
(2) Are unrelated to the applicant;
(3) Are not the employer of the applicant;
				  and
(4) Are not employed by the
				  department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-49 - Health of foster family

Current through June, 2024
(a) All members of
				  the household and substitute caregivers shall be free from disease which may be
				  communicable to others and from physical and emotional conditions which may
				  adversely affect the certified caregiver's ability to care for the adult with
				  I/DD.
(b) The certified caregiver
				  shall submit the following written medical reports to the certifying agency:
(1) A current medical clearance for the
				  certified caregiver and substitute caregivers completed within the year by a
				  licensed physician or nurse practitioner during the initial application
				  process. Additional medical clearance or other reports may be requested at any
				  time by the certifying agency; and
(2) A tuberculosis clearance, in accordance
				  with current department of health examination procedures and regulations,
				  chapter §11164.2, HAR, shall be required for the certified caregiver,
				  substitute caregivers, all household members, including children, and adults
				  providing one to one emergency condition coverage at the time of the initial
				  application and annually thereafter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-50 - Income

Current through June, 2024
(a) A certified caregiver shall not operate a
				  boarding house, rooming house or residential care facility on the
				  premises.
(b) Business conducted
				  from the home must be in accordance with applicable federal, state, and county
				  law and regulations.
(c)
				  Face-to-face business transactions shall not be conducted on the premises of
				  the adult foster home.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-51 - Employment

Current through June, 2024
The certified caregiver's employment shall not interfere
					 with the care of the adults with I/DD. A certified caregiver currently employed
					 or contemplating either full-time or part-time employment shall provide the
					 certifying agency with a copy of the certified caregiver's proposed work
					 schedule. The certified caregiver shall ensure that their work schedule will
					 not conflict with foster care responsibilities and the certified caregiver's
					 ability to respond in emergencies involving the adult with I/DD, and
					 coverage.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT › Section 11-148.1-52 - Absences from the home

Current through June, 2024
(a) An adult with
				  I/DD shall not be left unattended or unsupervised at any time.
(b) When a certified caregiver is absent from
				  the home because of an emergency, planned vacation, or any other reason, the
				  certified caregiver shall arrange for the care and supervision of the adult
				  with I/DD.
(c) The certified
				  caregiver shall notify the case management branch, certifying agency, adult
				  with I/DD, and family or legal guardian of the adult with I/DD of the certified
				  caregiver's absence:
(1) In writing, at least
				  two weeks prior to the scheduled absence; or
(2) Immediately in the event of an emergency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 6 - HOUSING AND SANITATION › Section 11-148.1-57 - Requirements

Current through June, 2024
(a) The adult foster home shall be kept in
				  sanitary and safe condition. The adult foster home shall comply with all
				  applicable state and county housing and sanitation laws.
(b) The adult foster home shall comply with
				  the following safety standards:
(1) Approved
				  building plans that meet state and county standards shall be submitted to the
				  certifying agency for any construction and renovation projects on the adult
				  foster home;
(2) There shall be an
				  adequate number of bedrooms for all household members;
(3) In a shared bedroom designated for two
				  adults with I/DD, the bedroom space in the adult foster home shall be not less
				  than fifty square feet for each adult with I/DD;
(4) The home shall have emergency evacuation
				  and disaster preparedness plans;
(5) The adult foster home shall have at least
				  two emergency exits;
(6) For an
				  adult with I/DD who uses a wheelchair, the adult foster home shall be
				  wheelchair accessible. Access to the adult with I/DD's bedroom, bathroom,
				  corridors, all common family areas, and two exits shall have a clear opening of
				  at least thirty-four inches in width. Wheelchair ramps shall comply with the
				  Americans with Disability Act Accessibility Guidelines (ADAAG) and shall be
				  covered with a non-slip surface. Hand rails and grab bars may be required for
				  safety and shall be ADAAG compliant.
(7) The home shall be free from fire hazards.
				  The home shall:
(A) Have functional fire
				  extinguishers in good working order and that are in accordance with the
				  manufacturer's specifications;
(B)
				  Conduct and document monthly fire drills; and
(C) Provide assistance for each adult with
				  I/DD who cannot evacuate on their own.
(8) Poison and other chemicals shall be
				  clearly labeled and securely stored; and
(9) The adult foster home shall submit to the
				  certifying agency evidence of gun registration in accordance with state and
				  county standards. Unloaded firearms must be stored in a locked cabinet, safe,
				  gun vault or storage case. Ammunition should be stored and locked in a location
				  separate from firearms.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 6 - HOUSING AND SANITATION › Section 11-148.1-58 - Equipment and furnishings

Current through June, 2024
(a) The certified
				  caregiver shall provide each adult with I/DD with:
(1) A setting that is physically accessible
				  to the adult with I/DD;
(2) A
				  sleeping or living unit that has an entrance door lockable by the adult with
				  I/DD, with keys distributed only to appropriate members of the household or
				  substitute caregivers;
(3) Freedom
				  to furnish and decorate their sleeping or living unit;
(4) Privacy within their sleeping or living
				  unit;
(5) A choice of roommates, if
				  sharing a unit or room;
(6) A
				  dresser or closet space;
(7) A
				  bed;
(8) Clean, comfortable bedding
				  and a waterproof covering, if necessary;
(9) Clean linens; and
(10) Access to a telephone;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 6 - HOUSING AND SANITATION › Section 11-148.1-59 - Sleeping arrangement

Current through June, 2024
(a) The sleeping
				  arrangement for an adult with I/DD shall include suitable light, ventilation,
				  and provision for proper rest and privacy.
(b) No adult with I/DD shall sleep in the
				  same room with:
(1) Any member of the
				  certified caregiver's family;
(2)
				  Certified or substitute caregiver; or
(3) Children.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 6 - HOUSING AND SANITATION › Section 11-148.1-60 - Severability

Current through June, 2024
If any provision of this chapter or the application thereof
					 to any person or circumstance is held invalid, the invalidity does not affect
					 other provisions or applications of this chapter which can be given effect
					 without the invalid provision or application, and to this end the provisions of
					 this chapter are severable."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-3 - Reporting of communicable diseases

Current through June, 2024
(a) Exhibit A,
				"Disease Reporting Requirements for Health Care Providers in Hawaii (June,
				2007)," Exhibit B, "Hawaii Laboratory Reporting Requirements (June, 2007), and
				Exhibit C, "Hawaii Isolation and Control Requirements (June, 2007)", located at
				the end of this chapter, are made a part of this chapter. The diseases and
				agents listed in Exhibits A and B are declared by the director to be
				communicable and dangerous to public health and shall be reported to the
				department by the methods described therein.
(b) Any communicable disease not listed in
				Exhibit A or Exhibit B occurring beyond usual frequency, or of unusual or
				uncertain etiology, including diseases which might be caused by a genetically
				engineered organism, shall be reported to the department by
				telephone.
(c) When the director
				determines that any-communicable disease not designated in Exhibit A or Exhibit
				B has become a danger to the public health, or when control measures as
				specified in Exhibit C for a designated communicable disease are inadequate to
				prevent it from becoming a danger to the public health, such communicable
				disease may be declared notifiable pursuant to section
				91-3(b),
				HRS, and be incorporated into Exhibits A, B, and C.
(d) Every health care provider caring for a
				person with a diagnosis, or provisional diagnosis in the absence of definitive
				test results for confirmation, shall notify the department as described in
				Exhibit A. If the case is not known to have already been reported to the
				department, the practitioner responsible for the management of that case or
				health care provider shall report that case to the department. If neither the
				practitioner responsible for the case nor the health care provider reports,
				both shall be considered in default of their responsibility to report. The
				report shall conform to the mode of report and time frame specified for each
				disease or agent under "Reporting Category" in Exhibit A. This requirement
				applies to all settings, in which patient care is provided, including passenger
				ships discharging passengers in the State of Hawaii and all facilities
				performing medical evaluations, including blood banks.
(e) If a practitioner or health care provider
				submits a specimen to an out-of-state laboratory for analysis, the practitioner
				or health care provider shall report the test results to the department in
				accordance with Exhibit B, "Hawaii Laboratory Reporting Requirements (June,
				2007)."
(f) All information
				received by the department pursuant to this section shall be kept
				confidential.
(g) Failure to comply
				with the requirements of this chapter is a misdemeanor, punishable as provided
				in chapter
				325, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-4 - Reporting from laboratories

Current through June, 2024
(a) Exhibit B,
				"Hawaii Laboratory Reporting Requirements June, 2007)," located at the end of
				this chapter, is made a part of this chapter.
(b) When a laboratory examination of any
				specimen derived from a human or animal body yields microscopic, bacteriologic,
				immunologic, serologic, or other evidence of the probable presence of any one
				of the agents or conditions listed in Exhibit B, the person in charge of the
				laboratory shall promptly report findings to the department in such manner as
				prescribed by the department. Laboratories shall convey a sample of the
				isolate, blood smear, or aliquot of positive serum to the department as
				specified in Exhibit B. If a specimen is received by more than one laboratory,
				the laboratory testing the specimen is responsible for reporting the result.
				However, if the laboratory testing the specimen is outside the State, the
				laboratory or facility or practitioner in the State which referred the specimen
				to the out-of-state laboratory is responsible for reporting the
				result.
(c) This section does not
				apply to specimens from cases of tuberculosis or Hansen's disease from whom
				positive specimens have already been reported to the department by that same
				laboratory.
(d) Forms for reporting
				the diseases shall be provided by the department. Reports may be made in
				alternate formats as approved by the department.
(e) All laboratory information received by
				the department pursuant to this section shall be kept confidential.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-4.1 - Reporting from laboratories in the absence of disease

Current through June, 2024
Each laboratory required to report under section
				  11-156-4 shall report to the
				  department for each week in which no evidence of any agent or test result
				  listed in Exhibit B was encountered, that no such evidence was
				  encountered.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-4.2 - Access to medical records

Current through June, 2024
(a) Every hospital,
				clinic, and health care provider shall make available for inspection by the
				department of health all medical records relating to notifiable diseases listed
				in Exhibit A and other diseases and syndromes determined by the director to be
				a danger to the public health pursuant to section
				11-156-3(c),
				for epidemiologic and control purposes when requested by an authorized
				representative of the department.
(b) Every person, health care provider, and
				medical facility shall provide the patient's name, the name of a minor
				patient's parent or guardian, address, telephone number, age, sex, race or
				ethnicity, clinical signs and symptoms, laboratory test results, diagnostic
				interview data, treatment provided, and the disposition of the patient when
				requested by an authorized representative of the director for the purpose of
				conducting an epidemiologic investigation of a disease deemed by the department
				to threaten the public health and safety.
(c) When the department determines that an
				outbreak of a dangerous disease requires close monitoring to protect the public
				and minimize morbidity and mortality, the department may require every
				hospital, clinic, and health care provider to report in a manner and format
				determined by the department, for each patient fulfilling criteria as
				determined by the department for a person with a diagnosis, or provisional
				diagnosis in the absence of definitive test results for confirmation of the
				dangerous disease, the patient's name, the name of a minor patient's parent or
				guardian, address, telephone number, age, sex, race, ethnicity, clinical signs
				and symptoms, laboratory test results, diagnostic interview data, treatment
				provided, and the disposition of the patient, including time and cause of
				death.
(d) All information received
				by the department pursuant to this section shall be kept
				confidential.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-4.3 - Interventions for disease prevention and control

Current through June, 2024
(a)
				Exhibit C, "Hawaii Isolation and Control Requirements (January, 2001)," located
				at the end of this chapter, is made a part of this chapter. The interventions
				prescribed in Exhibit C apply to diagnosed or suspected cases as well as
				contacts of diagnosed or suspected cases of the communicable diseases
				listed.