Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 90 - ASSISTED LIVING FACILITY › Section 11-90-3 - Licensing

Current through June, 2024
(a) The facility shall meet all requirements
				for licensure under state law. All assisted living facilities shall be licensed
				except those operated by the federal government. The licensee shall file an
				application with the director and the facility shall be licensed pursuant to
				this chapter prior to admitting residents.
(b) The director or designated representative
				shall inspect each assisted living facility no less than every two years for
				relicensing. The director or designated representative, without prior notice,
				may enter the premises at any reasonable time to secure compliance with or to
				prevent a violation of this chapter.
(c) Summary reports of licensing inspections
				shall be kept on file in the facility and shall be available upon
				request.
(d) No facility licensed
				under the provisions of this chapter, shall deny admission to any individual on
				account of race, religion, ancestry, sexual orientation, or national
				origin.
(e) The director shall
				prescribe the content and form of the license, and may authorize a waiver or
				waivers for a particular facility.
(f) In the event of a change of name,
				location, ownership, or licensed occupancy, the director shall be notified
				fifteen days prior to the change; an inspection at the discretion of the
				director shall be conducted and, if the provisions of this chapter are met, a
				new license issued.
(g) Every
				license shall continue in force for a period of no less than two years unless
				otherwise specified, or unless suspended or revoked.
(h) Following inspection of the facility by
				the department, a list of deficiencies, if any, shall be presented to the
				facility. The facility shall return a plan of correction to the department
				within ten days that addresses each of the deficiencies identified by the
				department. Facilities shall be allowed a reasonable time to implement the plan
				of correction. A follow-up survey and inspection shall be made by the
				department to determine the progress in the plan of correction. If there has
				not been substantial progress in carrying out the plan of correction, the
				license shall not be renewed. At the discretion of the director, a provisional
				license may be issued.
(i) The
				current license shall be posted in a conspicuous place visible to the public
				within the facility. A facility which has fulfilled the requirements of
				licensure shall be known as an assisted living facility and this designation
				shall be reflected on the facility's license.
(j) The director may suspend, revoke, or
				refuse to issue a license for failure to comply with the requirements of this
				chapter, or for any cause deemed a potential hazard to the health and safety of
				the residents, employees, or the general public. Any person affected by the
				director's final decision of denial, suspension, or revocation may appeal in
				accordance with chapter 91, HRS.
(k) An applicant for a license or relicensing
				may be denied a license or relicense for any of the following reasons:
(1) Failure to meet requirements of this
				chapter;
(2) Financial inability to
				operate and conduct the facility in accordance with these minimum standards and
				rules;
(3) Conviction in a court of
				law; or
(4) Had a substantiated
				finding of abuse, neglect or misappropriation of resident funds or property in
				any civil action.