Hawaii Administrative Code

(a) There shall be available appropriately qualified staff to facilitate the accurate processing, checking, indexing, filing, and prompt retrieval of records and record data. (b) The following information shall be obtained and entered in the clients' record at the time of admissi…

(a) Each program shall have nursing staff sufficient in number and qualifications to meet the needs of the clients. (b) Nursing services shall be under the supervision of a registered nurse. (c) If there are clients admitted who require skilled nursing, the services will be provi…

(a) Occupational therapy services which utilize purposeful activity shall be made available in each center as necessary, and be provided under a physician's order, and shall include, but not be limited to, the following: (1) Assessment of the client and formation of an individual…

(a) Physical therapy services shall be made available in each center as necessary, and be provided under a physician's order, and shall include, but not be limited to, the following: (1) Provide initial and continuing assessment of the client by the physical therapist in the form…

(a) The center shall provide to the director current information in regard to: (1) The name of each person owning 10 percent or more of the business, either directly or indirectly; (2) If a corporation, the names of the officers and directors; (3) If a partnership, the names of e…

(a) The center shall consult with a licensed pharmacist on methods and procedures for storage, administration, disposal, and record keeping of drugs and biological substances. (b) A pharmacy policy manual shall be developed and kept current by the licensed nursing staff, consulta…

(a) No person, firm, corporation, institution, association, organization, or any other entity, non-profit or for profit, may operate a freestanding adult day health center unless it is licensed by the department. (b) Any person, firm, corporation, institution, association, organi…

(a) The center shall be fully accessible to and functional for physically handicapped clients, personnel, and the public. (b) Each center shall comply with state and local building requirements. (c) Each center shall have a working, listed telephone on the premises. (d) Temperatu…

(a) All clients admitted to a center shall be under the care of a physician selected by the client. (b) The physician shall authorize the client's initial individualized plan of care and major revisions thereafter. The plan of care shall be reviewed at least annually. (c) There s…

(a) Each center shall have a full time program director. (1) The administrator may serve in this capacity except as specified in section 11-96-4(d); (2) The program director shall be present on the premises and available to clients, employees, and relatives; and (3) When the prog…

(a) Every adult day health center shall have available appropriate consultant staff trained in psychiatric care when there is a client in the adult day health center requiring the services while at the center. (b) The consultant shall: (1) Participate in the initial and continuin…

(a) Every adult day health center shall provide a program of social and recreatioal activities that is supervised and directed by an activity coordinator to meet the needs and interests of each client. (b) The activity coordinator's duties shall include at least the following: (1…

(a) There shall be written policies and procedures governing the use of restraints. (b) Physical restraints shall be used only under physicians' orders for specified and limited periods of times and their use shall be documented. (1) If physical restraints are used in an emergenc…

(a) Every center shall be in compliance with all applicable laws of the State of Hawaii and rules of the department relating to sanitation. (b) Reports of annual inspections by state or county health authorities and records of action taken in correction of deficiencies and recomm…

(a) Every adult day health center shall have available social services as appropriate to assist clients and their families to solve social problems that arise as a result of the client's disability. (b) Social services shall consist of the following: (1) Providing initial and con…

(a) Speech therapy services shall be made available in each center as necessary, and be provided under a physician's order, and shall include: (1) Initial and continuing assessment of the client by the speech therapist in the multidisciplinary team; and (2) Progress notes, writte…

(a) Staffing shall be sufficient to carry out daily activities, nursing services, physician orders, and individualized plans of care. (b) The program director of a center whose average daily attendance is twenty or less may also serve as the registered nurse, social worker, occup…

(a) Each center shall have an administrator. The administrator shall have the responsibility and authority to carry out the policies of the center. The center shall notify the Department in writing within fourteen working days following a change of administrator. (b) The administ…

(a) Every adult day health center which provides direct transportation services for clients shall meet specific operational standards. The motor vehicle shall: (1) Be operated only by drivers who have appropriate valid Hawaii drivers license; (2) Be equipped with safety devices t…

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…