Hawaii Administrative Code

These rules are adopted under Chapter 91, HRS, and implement the Hawaiian Homes Commission Act of 1920, as amended. They are adopted in accordance with section 222 of the Hawaiian Homes Commission Act of 1920, as amended, for: (1) Effective execution of functions vested in the de…

(a) Information about the department, submittals, or requests may be obtained from: (1) The main office, P.O. Box 1879, Honolulu, Hawaii 96805, 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707; or (2) Neighbor island district offices as follows: (A) West Hawaii: P.O. Box 125, Kamue…

(a) All government records will be available for inspection during working hours unless otherwise provided by law. (b) Copies of government records will be made available to any person requesting same upon payment of the fee imposed by law. (c) Requests for copies of government r…

Unless otherwise specifically stated, the meaning of terms used in this title shall have the same meaning as provided by law. Notes Haw. Code R. § 10-1-4 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act) Am 3/31/2017

As used in t.his title, unless the context clearly provides otherwise: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Advisory council" means the park advisory council established in section 10-4-34 for the purpose of advising the department on rules, practic…

Words importing the singular number may be applied to several persons or things; words importing the plural may include the singular. Notes Haw. Code R. § 10-1-6 [Eff 7/30/81 am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HRS § 91-2)

If any section, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portion of this title. Notes Haw. Code R. § 10-1-7 [Eff 7/30/81; am 2/3/83; am and comp…

The purpose of the Native Hawaiian development program is to improve the general welfare and condition of native Hawaiians through educational, economic, political, social, cultural and other programs. Notes Haw. Code R. § 10-6.1-1 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Im…

(a) The native Hawaiian development program shall have a hierarchical structure of goals, objectives, and action plans. The primary goal of the native Hawaiian development program shall be to increase the self-sufficiency and self-determination of native Hawaiian individuals and …

(a) The native Hawaiian development program plan shall specify the goals, objectives, action plans, and implementing mechanisms applicable during the fiscal biennium covered by the plan. (b) The department may utilize the following resources to establish the goals, objectives, ac…

The department shall provide standard forms for requesting financial assistance. The standard forms shall be designed for the specific type of assistance being requested. Notes Haw. Code R. § 10-6.1-4 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §222)

(a) Each type of assistance offered may have unique eligibility requirements that shall be specified in the native Hawaiian development program plan. Common to all types of assistance shall be the minimum requirement that the beneficiaries of the assistance must be native Hawaiia…

The native Hawaiian development program shall be funded by the native Hawaiian rehabilitation fund, and federal, state, county, and private sources. Notes Haw. Code R. § 10-6.1-6 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §222)

(a) The department shall submit a report on the native Hawaiian development program to the commission. The report shall cover the activities of the previous fiscal year, and include: (1) A description of the plans of action implemented; (2) A summary of specific projects, organiz…

Notes Haw. Code R. §§ 11-100-1 to 11-100-49 SEP 18 2006

Notes Haw. Code R. §§ 11-103-1 to 11-103-7 R 9/16/2022

The purpose of this chapter is to establish fees for the initial issuance by the department of a license or certificate of approval to a health care facility or health care agency, and the renewal of a health care facility's or health care agency's license or certificate of appro…

As used in this chapter: "Adult day care center" or "center" means a licensed facility that meets the requirements of chapter 17-1424. "Adult residential care home" or "ARCH" means a facility that meets the requirements of section 321-15.6, HRS. "Applicant" means a person or grou…

(a) An applicant for a license or certificate, or a license or certificate renewal, shall pay to the department applicable fees in U.S. dollars as set forth in sections 11-103.1-4, 11-103.1-5, and 11-103.1-6. The department shall issue no license or certificate to an applicant un…

(a) All fees adopted in this chapter shall be effective thirty days after the effective date of this chapter. All fees adopted by an amendment to this chapter shall be effective thirty days after the effective date of the amendment to this chapter. (b) The department adopts the f…

(a) The department shall conduct a survey prior to the issuance of each initial license and certificate. Following the licensure or certification survey, the department shall notify the prospective licensee in writing either that the prospective licensee is in full compliance wit…

(a) A licensee shall pay the license or certificate renewal fee at least thirty days before the license or certificate renewal date. (b) The department may extend the term of a license or certificate that is due to renew prior to the license or certificate renewal date to complet…

The department shall deposit all fees paid to the department pursuant to this chapter into the office of health care assurance special fund. Notes Haw. Code R. § 11-103.1-7 [Eff 9/16/2022] (Auth: HRS §§ 321-1.4, 321-9, 321-11, 321-11.5) (Imp: HRS §§ 321-1.4, 321-11.5)

Notes Haw. Code R. §§ 11-104-1 to 11-104-12 JUL 12 2007

The purpose of this chapter is to establish fees for home health services on the islands of Lanai and Molokai provided by the Public Health Nursing Branch This section implements the program of home health services pursuant to the provision of Title XVIII of the Social Security A…

As used in this chapter: "Skilled nursing services" means services provided by a registered professional nurse which requires assessment of health needs, plan of care, implementation of nursing intervention to effect a change in these health needs and evaluation of services provi…

The following fees shall be charged as follows: Visit Type Molokai Lanai Skilled Nursing - Registered Professional Nurse 55.00 62.00 Health Aide - Ancillary paramedical services 42.00 42.00 Notes Haw. Code R. § 11-105-3 [Eff NOV 27 1981] (Auth: HRS § 321-92) (Imp: HRS § 321-92)…

The purpose of this chapter is to specify how the department or its designee shall conduct background checks to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility …

As used in this chapter: "Abuse" means any improper action or activity or any omission of proper action or activity that results in physical, emotional, financial or psychological injury or harm. "Adult day health care" means an organized day program of therapeutic, social, and h…

(a) All applicants and operators shall: (1) Be subject to background checks; and (2) Provide consent to the department or its designee to conduct background checks. (b) All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case …

(a) The department may revoke or suspend a current license or certificate, impose penalties or fines, deny an application for a license or certificate or a license or certificate renewal, if the applicant, operator, employee, or adult volunteer at the healthcare facility, or, in …

(a) Operators, employees or contractors subject to the requirements of this chapter shall obtain a background check within five working days of operation or hire for the purposes of complying with the requirements of this chapter. (b) Healthcare providers shall make a name inquir…

(a) An applicant, prospective operator, direct patient access employee or adult volunteer, and all adults, other than the clients, living in a healthcare facility operated in a private residence, requesting an exemption from the background check results established by this chapte…

(a) The department shall provide written notice by certified mail of an order to revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate based on this chapter, which shall include the reason for the depart…

Notes Haw. Code R. § 11-11-1 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS §§ 321-1, 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-10 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-11 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-18) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-12 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-9, 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-2 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-3 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11, 321-12) (Imp: HRS §§ 321-11, 321-12) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-4 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-5 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11, 322-42, 445-81, 445-192) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-6 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-7 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS §§ 321-11, 322-1) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-8 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. § 11-11-9 [Eff. DEC 26, 1981] (Auth: HRS §§ 321-10, 321-11) (Imp: HRS § 321-11) R. OCT 27, 2018

Notes Haw. Code R. §§ 11-110-1 to 11-110-36 JUL 05 2007

(a) Any laboratory which is certified by the Substance Abuse and Mental Health Service Administration (SAMHSA) may apply to the department for approval to perform substance abuse tests on samples from the state of Hawaii. (b) A laboratory seeking approval shall submit to the depa…

(a) The director may immediately suspend a laboratory's license if: (1) There is reason to believe that immediate action is necessary to protect the confidentiality of information concerning the tested individual; or (2) There is reason to conclude that factors which significantl…

(a) When the director suspends or seeks to revoke a license, the director shall immediately serve the laboratory with written notice of the suspension or proposed revocation by personal service, or by registered or certified mail, return receipt requested. (b) The written notice …