HAR 11-89 — DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES (§ 11-89-1 to 11-89-49)

This chapter establishes minimum requirements for the certification and licensure of developmental disabilities domiciliary homes for adult individuals with developmental disabilities or mental retardation. These rules shall promote normalization, least restrictive intervention, …

(a) Waivers may be granted to a facility, for a specified period of time at the discretion of the department. A waiver may be renewed at the discretion of the department. (b) Waivers of structural requirements shall not be granted unless: (1) All residents are fully ambulatory an…

(a) Every licensed facility shall be inspected by the department at least once every year to determine compliance with this chapter. (b) The department may inspect a licensed facility at any reasonable time without prior notice to conduct annual inspections, confirmation of corre…

(a) Prior to licensure, the applicant shall provide the department with evidence that the facility meets all requirements of state and county zoning, building, fire, sanitation, housing, and other codes, ordinances and laws for the type of occupancy to be licensed. (b) Once licen…

(a) Written policies and procedures addressing the rights of residents during their stay in the facility shall be established and shall be made available to the resident, guardian, next of kin, responsible agency, and the public. It shall be the right of each resident admitted to…

(a) The caregiver shall, in coordination with the case manager, arrange for resident access to medical services at all times, including emergency services. The facility shall have a written policy which specifies the procedures to be followed in medical emergencies. (b) Basic fir…

(a) Residents shall be up, out of bed and appropriately dressed, daily, unless physician's orders indicate otherwise. (b) The caregiver shall provide and document social and recreational activities for residents on a regular basis and shall encourage participation in activities a…

(a) Admissions shall be screened for eligibility by the division prior to admission. (b) The caregiver shall coordinate with the division for screening, placement, and case management prior to admission. (1) The case manager shall develop an individual plan with the resident, gua…

(a) There shall be written operational policies and procedures available to staff and residents which address the implementation of: (1) Admission policies as specified in section 11-89-16; (2) Dietary and other services provided by the facility; (3) Transfer and discharge of res…

(a) Individual records shall be maintained for each resident. Upon admission or readmission, the facility shall maintain: (1) Records which identify the resident's name, social security number, marital status, date of birth, sex, next of kin or guardian, and religious preference,…

(a) Meals shall be well-balanced and sufficient in quantity, quality, and variety to meet nutritional requirements of residents and shall be in accordance with the national research council of the national academy of sciences most current recommended dietary allowance (RDA), and …

As used in this chapter, unless a different meaning clearly appears in the context: "Administrator" means the person responsible for managing and administering the developmental disabilities domiciliary home(s) and who assures that appropriate care for the residents is provided. …

(a) The conditions under which the caregiver agrees to be responsible for the residents' funds or property shall be explained and agreed to by the resident, or the guardian, and documented in the resident's file. (b) No person associated with the ownership or operation of the fac…

Except in an emergency situation that affects the resident's health or safety, four weeks written notice of a transfer to an appropriate facility, or discharge to another living arrangement, or a transfer within the facility, shall be given to the resident, the legal guardian, an…

(a) The administrator shall notify the department in writing at least thirty days prior to an intended closure of the facility. (b) The administrator shall notify all residents, guardians, and case managers at least thirty days prior to an intended closure of the facility. (c) Al…

(a) If the department determines that any of the requirements of this chapter has been violated, the department shall notify the administrator of such violations in writing. In such notice the department shall set forth the specific violations and may establish a specific time fo…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-89-24 [Eff FEB 0…

Notes Haw. Code R. § 11-89-25

Notes Haw. Code R. § 11-89-26

Notes Haw. Code R. § 11-89-27

Notes Haw. Code R. § 11-89-28

Notes Haw. Code R. § 11-89-29

(a) No person, or group of persons may operate a developmental disabilities domiciliary home unless it is licensed by the department. (b) Any person, or group of persons, desiring to operate a developmental disabilities domiciliary home shall apply to the department on forms furn…

Notes Haw. Code R. § 11-89-30

Notes Haw. Code R. § 11-89-31

Notes Haw. Code R. § 11-89-32

Notes Haw. Code R. § 11-89-33

Notes Haw. Code R. § 11-89-34

Notes Haw. Code R. § 11-89-35

Notes Haw. Code R. § 11-89-36

Notes Haw. Code R. § 11-89-37

Notes Haw. Code R. § 11-89-38

Notes Haw. Code R. § 11-89-39

(a) A license may be denied for any of the following reasons: (1) Inability to meet the requirements of this chapter; (2) Financial inability to operate and conduct the facility pursuant to this chapter; (3) Fraudulent or misleading statements in application forms; or (4) Prior f…

Notes Haw. Code R. § 11-89-40

Notes Haw. Code R. § 11-89-41

Notes Haw. Code R. § 11-89-42

Notes Haw. Code R. § 11-89-43

Notes Haw. Code R. § 11-89-44

Notes Haw. Code R. § 11-89-45

Notes Haw. Code R. § 11-89-46

Notes Haw. Code R. § 11-89-47

Notes Haw. Code R. § 11-89-48

Notes Haw. Code R. § 11-89-49

(a) The caregiver shall be capable of accepting, caring for, and training residents with developmental disabilities. (b) A certificate shall be issued to the caregiver when the caregiver has completed and passed the training requirements as stated in §§ 11-89-7 and 11-89-8 of the…

(a) Any developmental disabilities domiciliary home applicant or provider shall have the right and opportunity to appeal a decision by writing to the director within the thirty (30) day notice period of proposed action or decision under chapter 91, HRS, and department rules of pr…

(a) The caregiver of a facility shall: (1) Be at least eighteen years of age and be able to read, write and communicate in English; (2) Be CPR and first aid trained; (3) Have completed department approved developmentally disabled domiciliary training and be certified to provide c…

(a) All persons seeking to be certified as a caregiver shall attend and pass a training program approved by the department, which shall include: (1) Orientation on the person with developmental disabilities; including but not limited to physical and mental handicaps, legal concep…

(a) All individuals living in the facility including those who provide services directly to residents shall have documented evidence that they have had examination by a physician prior to their first contact with the residents of the home and thereafter as frequently as the depar…