Hawaii Administrative Code

(a) All inspections and complaint investigations shall be unannounced and may be conducted outside of normal business hours of the State. (b) The department may conduct inspections and investigations of an exempt facility regarding complaints, adverse accreditation or certificati…

(a) Every request for a waiver from an otherwise applicable licensing requirement shall be set forth in writing and submitted to the department for approval. The licensee shall submit the information required in this subsection to enable the department to make a decision on the r…

Notes Haw. Code R. §§ 11-94.2-12 to 11-94.2-15

(a) Each facility shall have an organized governing body, or designated persons functioning as the governing body, that has overall responsibility for the conduct of all activities. The governing body may include the administrator. The facility shall maintain methods of administr…

All freestanding and hospital-based nursing facilities shall be administered by: (1) A person appointed by the governing body and responsible for the management of the facility; and (2) Licensed by the State as a nursing home administrator; or (3) In the absence of the administra…

The facility must designate a physician to serve as medical director. The medical director is responsible for: (1) Development, implementation, and evaluation of resident care policies; (2) Coordination of medical care in the facility; and (3) Consultation and training to license…

(a) The facility shall provide the department with current information about ownership of the facility including:(1) The name of each person who has an ownership interest of ten per cent or more in the facility; (2) The name of each person who is the owner (in whole or in part) o…

As used in this chapter: "Activities professional" or "qualified therapeutic recreational specialist" means: (1) A qualified professional who has two years of experience in a social or recreational program within the last five years, one of which was full-time in a resident activ…

(a) There shall be a staff in-service education program that includes the following: (1) Orientation for all new employees that shall include:(A) Information to acquaint them with the philosophy, organization, program, policies and procedures, practices, and goals of the facility…

When the facility does not employ a qualified person to render a required or necessary service, it shall have a written agreement or contract with a qualified outside person or provider to provide the needed service. Notes Haw. Code R. § 11-94.2-21 [Eff 9/16/2022] (Auth: HRS §§ 3…

(a) The facility shall have available sufficient appropriately qualified staff and necessary supporting personnel to facilitate the accurate processing, auditing and analysis, indexing, filing, and prompt retrieval of records, record data, and resident health information. (b) If …

(a) The facility shall develop, implement, and maintain an effective, comprehensive, data-driven quality assurance and performance improvement program that focuses on indicators of the outcomes of care and quality of life for the full range of care and services provided by the fa…

Notes Haw. Code R. §§ 11-94.2-24 to 11-94.2-26

Written policies regarding the rights and responsibilities of residents during the resident's stay in the facility shall be established and shall be made available to the resident, resident family, legal guardian, surrogate, sponsoring agency or representative payee, and the publ…

(a) In the event the resident or family member requests the facility to manage the resident's personal funds, an itemized account shall be made available in writing to the resident or the legal guardian or surrogate, and shall be maintained and kept current for the resident, incl…

(a) The facility shall develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property. (b) All alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown …

Notes Haw. Code R. §§ 11-94.2-3 to 11-94.2-5

The facility shall have written policies and procedures that address all aspects of resident care needs to assist the resident to attain and maintain the highest practicable health and medical status, including but not limited to: (1) Respiratory care including ventilator use; (2…

Notes Haw. Code R. §§ 11-94.2-31 to 11-94.2-35

(a) There shall be written policies and procedures available to staff, residents, and the public that govern:(1) All services provided by the facility; (2) The admission, transfer, and discharge of residents; and. (3) Notification to the resident, resident's representative, and t…

(a) The facility shall provide medically related social work services to help residents attain or maintain the residents' highest practicable physical, mental, and psychosocial well-being. (b) The number of hours of social work services shall be determined by the resident capacit…

(a) The facility must provide for an ongoing program of age-appropriate activities designed to meet the interests, physical, mental, and psychosocial well-being of each resident. (b) The activities program shall be directed by an activity professional. (c) A schedule of activitie…

(a) Each facility shall have nursing staff sufficient in number and qualifications to meet the nursing needs of the residents. There shall be at least one registered nurse at work full-time on the day shift, for eight consecutive hours, seven days a week, and at least one license…

(a) The food and nutritional needs of the residents shall be met through a nourishing, well-balanced diet in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, and shall be adjusted for age, sex, activity, and disa…

(a) All food shall be procured, stored, prepared, distributed, and served under sanitary conditions.(1) Dry or staple food items shall be stored above the floor in a ventilated room not subject to seepage or wastewater backflow, or contamination by condensation, leakages, rodents…

(a) Admission orders and ongoing orders by a physician, physician assistant, or APRN and plan of treatment shall be in writing and carried out by the staff of the facility including arrangement for transfer to other facilities when indicated. (b) Each resident admitted to the fac…

(a) A comprehensive assessment shall be completed for each resident by an interdisciplinary team at least annually and updated as appropriate, based on the resident's condition. (b) An individualized, interdisciplinary overall plan of care shall be developed to address prioritize…

(a) The facility shall provide for specialized and supportive rehabilitation services, including occupational therapy, physical therapy, and speech therapy, according to the needs of each resident, either directly by qualified staff or through arrangements with qualified outside …

(a) Emergency and restorative dental services shall be available to each resident. (b) Each resident or resident's legal guardian, or surrogate shall select the dentist of his or her choice, and the facility shall assist each resident to obtain necessary dental care by making arr…

(a) Each facility shall employ a licensed pharmacist or shall have a written contractual arrangement with a licensed pharmacist, to provide consultation on methods and procedures for ordering, storing, administering, disposing, and recordkeeping of drugs and biologicals, and prov…

(a) If a nursing facility chooses to provide adult day health services in its facility, the space and staff requirements for the adult day health service activities shall not reduce the space and staff requirements of the nursing facility. (b) Client records in adult day health s…

Notes Haw. Code R. §§ 11-94.2-48 to 11-94.2-52

(a) There shall be appropriate policies and procedures written and implemented for the prevention and control of infectious diseases that shall be in compliance with all applicable laws of the State, rules of the department relating to infectious diseases and infectious waste, an…

(a) The facility shall comply with all applicable laws of the State and rules of the department relating to sanitation. (b) Written summary reports of inspections by state or county health authorities, and records of action taken in response to deficiencies and recommendations sh…

(a) Each facility shall have a plan for routine periodic cleaning of the entire building and premises. (b) After discharge of any resident, the resident's bedroom and equipment shall be thoroughly cleaned prior to reuse. (c) Floors, sinks, toilets, and showers in resident areas s…

(a) Laundry service shall be managed so that daily clothing and linen needs are met without delay and in compliance with facility policies and procedures for infection control, (b) Personnel must handle, store, process, and transport linens so as to prevent the spread of infectio…

(a) Facilities licensed under this chapter shall be inspected by appropriate fire authorities for compliance with the current state and county life safety rules and ordinances. (b) Smoking rules shall be adopted in accordance with applicable state, federal, and county laws, statu…

(a) There shall be written policies and procedures to follow in an emergency that shall include provisions for the following:(1) Arranging for rapid primary care provider assistance; (2) Transportation arrangements for hospitalization or other services that are appropriate; (3) M…

Notes Haw. Code R. §§ 11-94.2-59 to 11-94.2-63

(a) No person or group of persons may operate a nursing facility unless the facility is licensed by the department. (b) All nursing facilities shall be licensed pursuant to this chapter and meet all requirements for licensure under state law prior to admitting any residents, exce…

(a) The facility shall maintain all essential mechanical, electrical, and resident care equipment in safe operating condition. (b) The facility shall have an appropriate written preventive maintenance program. (c) The facility shall provide sufficiently trained and experienced pe…

(a) The facility's buildings shall be constructed and equipped to protect the health and assure the safety of residents, personnel, and visitors. (b) The facility shall be fully accessible to, and functional for, physically disabled residents, personnel, and the public.(1) Reside…

Notes Haw. Code R. §§ 11-94.2-66 to 11-94.2-68

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of a license issued pursuant to this chapter, the department may do one or more of the following: (1) Issue an order assessing …

The applicant shall submit: (1) An application on a form approved by the department with the following supporting documentation or information: (A) Name, address, and contact information of the owner(s); (B) Registration of corporation, articles of incorporation, limited liabilit…

In addition to any other action to enforce these rules, the director may initiate either administrative or judicial proceedings as provided in chapter 321, HRS. Notes Haw. Code R. § 11-94.2-70 [Eff 9/16/2022] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-18, 321-20) (Imp: HRS §§ 321-9…

Notes Haw. Code R. §§ 11-94.2-71 to 11-94.2-74