Hawaii Administrative Code

Transportation for clients to and from the center may be provided or arranged by the center. Notes Haw. Code R. § 11-96-41 [Eff ] (Auth: HRS § 321-11) (Imp: HRS § 321-11)

If a provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances shall not be affected thereby." Notes Haw. Code R. § 11-96-42 [Eff ] (Aut…

(a) Requirements for admission to an adult day health center shall include: (1) Referral from a community or health agency, physician, or hospital; and (2) Need for the health, nursing, therapeutic, or social services provided by the adult day health center in order to reach or m…

Where the center does not employ a qualified person to render a required or necessary service, it shall have a written agreement or contract with an outside person or provider to provide the needed service. Notes Haw. Code R. § 11-96-6 [Eff ] (Auth: HRS § 321-11) (Imp: HRS § 321-…

The configuration of services available to clients will be appropriate to the assessed needs of the clients. Basic program requirements of an adult day health center shall include provisions for medical services, nursing services, dietetic services and planned therapeutic and soc…

(a) Each center shall make available a multidisciplinary team, either through regular staff or contracted arrangement, for the purpose of client assessment and development of the plan of care. (b) A written individualized plan of care shall be developed to meet the needs of each …

(a) Written policies regarding the rights and responsibilities of clients during their stay in the center shall be established and shall be made available to the client, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The center's polic…

Notes Haw. Code R. §§ 11-97-1 to 11-97-8 R 9/16/2022

Definitions as used in the chapter: "Administrator" means the person responsible for the administration of the organization of which the home health agency is a part. "Advance practice registered nurse" or "APRN" means a person having a valid license from the state of Hawaii as a…

If any provisions of this chapter or the application thereof to any person or circumstances 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. § 11-97.1-10 [Eff 9/…

A home health agency and, in cases where the home health agency is a part of a larger organization, shall at all times comply with the laws of the state of Hawaii and shall, whenever required by the director, submit to the director evidence of compliance therewith. Such evidence …

(a) It is unlawful for any person, to conduct, maintain, operate, or permit to be maintained or operated, or to participate in conducting, maintaining, or operating a home health agency, unless the home health agency is licensed by the director. (b) Any person, organization or co…

(a) The director, after due notice and an opportunity for a hearing, may suspend, revoke, or refuse to issue or renew a license to any person because of failure to meet the requirements of this chapter. (b) Any person affected by the director's decision for denial, suspension, or…

(a) A governing body or designated persons functioning as a governing body shall have full legal authority and responsibility for the agency's overall management and operation, the provision of all home health services, fiscal operations, review of the agency's budget and its ope…

(a) A satisfactory statement of policy of the home health agency, including the scope of services, the conditions under which they are offered, and the geographic coverage, shall be available to the department upon request. (b) Services provided by the home health agency shall be…

(a) Be free from verbal, mental, sexual, or physical abuse, including injuries of unknown source, neglect, and misappropriation of property. (b) Be advised of the state toll free home health telephone hotline, it's contact information, its hours of operation, and that its purpose…

A home health agency shall develop and maintain an emergency preparedness plan that must be reviewed and updated at least every two (2) years and includes but is not limited to: (1) Addressing patient population, the types of services the agency has the ability to provide in an e…

A person who violates any requirement of this chapter shall be subject to administrative proceeding pursuant to HRS Sec. 321-20. Notes Haw. Code R. § 11-97.1-9 [Eff 9/16/2022] (Auth: HRS Sec. 321-20) (Imp: HRS Sec. 321-20)

This chapter establishes minimum requirements for the protection of the health, welfare, and safety of residents, personnel and the public in special treatment facilities. This chapter shall not be construed as lowering standards or rules established by other divisions or subdivi…

"Administrator" or "executive director" mean the person who has charge, care, control of or responsibility for the manage meat of the facility and the program. "Cardiopulmonary resuscitation" or "CPR" means an emergency first aid procedure that consists of opening and maintaining…

(a) Every facility shall have a current and valid license approved by the director and issued when the facility has met all of the requirements of this chapter. (b) The license shall identify the owners or operators or both, of the facility and prescribe the maximum number of res…

(a) A permanent register shall be maintained in ink or typewritten of all admissions and discharges of residents including: (1) Name; (2) Address; (3) Social Security number; (4) Date of birth; (5) Date of admission; (6) Dace of discharge; (7) Source of referral to program; and (…

(a) A special treatment facility shall have a written plan describing the organization and delivery of dietetic services and the utilization of the services of a qualified dietitian as required herein. (b) Overall supervisory responsibilities for the food service shall be assigne…

(a) The facility shall have a written plan for staff and residents to follow in case of fire, explosion, or other emergency. The plan shall be posted in conspicuous places throughout the facility. This plan shall include, but not be limited to: (1) Assignments; (2) Instructions; …

(a) The written statement of the program's goals and objectives, shall serve as the basis for program evaluation. (b) The evaluation plan shall include mechanisms for assessing the attainment of the program's goals and objectives. (c) The evaluation plan shall include mechanisms …

Appropriate fees as determined by the director in accordance with chapter 91, HRS, shall be charged by the department for obtaining a new license or obtaining a license renewal. Prior notice of the amount of the fee shall be provided the licensee. Notes Haw. Code R. § 11-98-08 [E…

(a) In addition to any other appropriate action to enforce this chapter, the director may initiate procedures for invoking fines as provided in chapter 321, HRS, or to withdraw the license after hearings held in accordance with chapter 91, HRS, or both. (b) Infractions subject to…

(a) Every facility shall have and maintain a current written plan describing the philosophy, goals, and objectives of its program. This program shall be reviewed and evaluated periodically or at least annually. (b) The plan shall also include a statement of the geographic area to…

(a) An individual shall be designated as administrator who will be responsible for the overall operation of the program and facility. During periods of absences of the administrator, a designated staff member shall assume the responsibilities. (b) An individual shall be designate…

Individual records shall be kept on each resident which contain the following: (1) Within twenty-one days of admission, a report of a resident's medical examination or written evidence of a physical examination within the prior twelve months shall be on file; (2) A report of a tu…

Rehabilitation services shall be appropriate to the individual in the facility and may include: (1) Psychiatric services to provide care or program consultation; (2) Psychological services to provide testing for individual assessment purposes, program evaluation and research; (3)…

(a) The design and construction of each building or buildings comprising the facility shall meet the minimum requirements of the following codes: (1) The county fire department codes; (2) The county building, electrical, plumbing, and zoning codes; and (3) Applicable rules of the…

A special treatment facility that includes human-subject research in its objectives or allows itself to be used as a resource for research shall have written policies and procedures encompassing the purpose and conduct of all research utilizing the program's staff, residents or s…

Written policies regarding the rights and responsibilities of residents and services to be provided to residents during their stay in the facility shall be established and shall be made avail able to the resident, to any guardian, next of kin, sponsoring agency or representative …

All versions of chapter 12F, Public Health Regulations, as they existed on August 1, 1985, are repealed. Notes Haw. Code R. § 11-98-17 [Eff MAR 10 1986] (Auth: HRS §§ 321-9, 321-10) (Imp: HRS § 321-10)

Notes Haw. Code R. §§ 11-98-18 to 11-98-49

(a) If this chapter or the application thereof to any persons or circumstances is held invalid, the application of the remainder of the chapter to other persons or circumstances shall not be affected. Notes Haw. Code R. § 11-98-50 [Eff MAR 10 1986] (Auth: HRS §§ 321-9, 321-10) (I…

(a) On petition of an interested person or agency, the director may issue a declaratory order as to the applicability of any statutory provision, administrative rule, or order of the director. Petitions shall: (1) State clearly and concisely the controversy or uncertainty; (2) Sh…

As used in this chapter: "Department" means the department of labor and industrial relations. "Director" shall be as defined in section 388-1, Hawaii Revised Statutes. "Employ" shall be as defined in section 388-1, Hawaii Revised Statutes. "Employee" shall be as defined in sectio…

(a) A petition for once-a-month pay election, or for an election to terminate once-a-month pay, shall be made by: (1) An official representative of a recognized collective bargaining unit with the concurrence of at least twenty-five per cent of the total number of eligible voters…

(a) The director may grant an exception to the semimonthly payday requirement when it is shown that: (1) The employer will suffer undue hardship if the application is denied; or (2) The employer will give a semimonthly advance equivalent to approximately one-half of the monthly "…

Adjustment in wages for advances or correction of computation errors from previous payrolls shall not be considered as deductions under section 388-6, Hawaii Revised Statutes. Notes Haw. Code R. § 12-21-4 [Eff. 7/30/81] (Auth: HRS § 388-13) (Imp: HRS § 388-6)

(a) Every employer shall, at the time of each payment of wages, furnish each employee an itemized statement in writing showing: (1) The name of the employer; (2) The name of the employee; (3) The inclusive dates of the period for which the employee is paid; (4) Total gross compen…

(a) An individual employed in a bona fide executive capacity is an employee whose: (1) Compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities); and (2) Primary duty consists of the management of the enterprise or recognized department thereof, …

A claim for accrued vacation or severance pay shall be considered filed within one year from the date the vacation or severance pay is due and payable if filed with the director or authorized departmental representative within one year from the date of termination from employment…

In order to determine the validity of the wage claim and to bring about possible settlement, an informal hearing may be conducted by the director or authorized departmental representative. If a hearing is to be conducted, written notice of hearing specifying the time and place th…

The director shall establish a wage claim fund for the purpose of depositing and disbursing monies collected for employees as wage claims or back pay. Notes Haw. Code R. § 12-21-9 [Eff. 7/30/81] (Auth: HRS § 388-13) (Imp: HRS § 388-11)

As used in this chapter: "Complainant" means the individual who has filed a complaint. "Complaint" means a verified written statement filed with the department pursuant to this chapter alleging an unlawful suspension, discharge, or discrimination within the meaning of the statute…

(a) The hearing officer shall dismiss the complaint: (1) If it is determined that the department does not have jurisdiction over the complaint; or (2) If the complainant has failed to cooperate with the department in regard to the complaint, and the department has received no res…

(a) If the respondent files a written verified answer, it shall be filed within twenty days from the date of personal delivery or mailing of the complaint. (b) The answer shall state the reasons or factors for the suspension, discharge, or discrimination of the complainant, and a…