Hawaii Administrative Code

(a) Provision shall be made for isolating residents with infectious diseases, until appropriate transfer can be made. (1) There shall be a written policy which outlines proper isolation and infection control techniques and practices. (2) At least one single bedroom shall be desig…

(a) There shall be staff inservice education program that includes: (1) Orientation for all new employees to acquaint them with the philosophy, organization, program, policies and procedures, practices, and goals of the facility. (2) Inservice training for employees who have not …

(a) Laundry service shall be managed so that daily clothing and linen needs are met without delay. (b) Provision shall be made for the handling, storage, and transportation of soiled and clean laundry, and for satisfactory cleaning procedures. (1) Provisions may be made for contr…

(a) Facilities licensed under this chapter shall be licensed at least annually by appropriate fire authorities for compliance with state and county rules and ordinances. (b) Smoking rules shall be adopted. "No Smoking" signs shall be posted where flammable liquids, combustible ga…

(a) There shall be sufficiently trained and experienced personnel to accomplish the required maintenance functions within the facility or available through contract with appropriate community resources. (b) There shall be records that document compliance with environmental safety…

(a) The facility shall be accessible to and functional for physically handicapped residents, personnel, and the public. (b) New construction and remodeling shall be guided by "Minimum Requirements of Construction and Equipment for Hospital and Medical Facilities DHEW #79-14500" a…

(a) Each facility shall have nursing staff sufficient in number and qualifications to meet the nursing needs of the residents. There must be at least one registered nurse, full time on the day shift and at least one licensed nurse full time as needed whenever medications are admi…

(a) The facility shall provide to the department current information in regard to: (1) The name of each person having (directly or indirectly) an ownership interest of ten percent or more in such facility or who is the owner (in whole or in part) of any mortgage, deed or trust, n…

(a) The facility shall employ a licensed pharmacist, or shall have formal arrangements with a licensed pharmacist to provide consultation on methods and procedures for ordering, storage, administration, disposal, recordkeeping of drugs and biologicals, and provision for emergency…

(a) Admission and ongoing orders and plans 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) All residents admitted to a facility must be under the care of a physician selected…

(a) The facility shall provide psychological services to facilitate the optimal development of each resident, either directly or by qualified staff or through arrangements with qualified outside resources. (b) Services shall include at least: (1) An initial evaluation of each res…

(a) A plan for independent and group activities shall be developed for each resident in accordance with their needs, capacities, and interests. (1) The recreation plan shall be incorporated in the resident's active treatment program, reviewed regularly in conjunction with it, and…

(a) The facility shall provide specialized and supportive rehabilitative 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 reso…

(a) In the event the facility agrees to manage the resident's funds for personal needs, a written itemized account, available to residents, or duly appointed authority or guardian shall be maintained current for each resident with. (1) Written receipts for all personal possession…

(a) There shall be available sufficient, appropriately qualified staff and necessary supporting personnel to facilitate the accurate processing, checking, indexing, filing, and prompt retrieval of records and record data. (b) If the supervisor of medical records is not a register…

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

(a) Emergency and restorative dental services shall be available. (b) The resident or his guardian shall select the dentist of his choice. (c) The facility shall assist each resident to obtain necessary dental care and at least an annual evaluation. (d) Facility staff shall recei…

(a) Sanitation shall be in compliance with all applicable laws of the State of Hawaii 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 correction of deficiencies and…

(a) Social work services shall be provided by the facility and available to all residents, their families, and other significant persons to enable them to deal with the impact of mental retardation on individual and family functioning. (b) There shall be sufficient, appropriately…

Notes Haw. Code R. § 11-99-82

If any provision of this chapter or the application thereof to any person 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. § 11-99-83 [Eff. APR 29, 1985] (Auth: HRS §§ 32…

(a) The food and nutrition needs of 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 adjusted for age, sex, activity, and disability. (b) At least…

(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: "Able to resume work" shall be as defined in section 386-1, HRS. "Appellate board" shall be as defined in section 386-1, HRS. "Adjuster" means an individual, partnership, corporation, or others, who is in the business of adjusting workers' compensation in…

(a) Preliminary determination of an injured employee's medical stability shall be made by the director upon request as provided in section 12-10-101, based upon a review of medical records and reports and other relevant evidence. The director may request from any party any additi…

(a) The employer shall notify the director and the injured employee when the employer receives information indicating the injured employee may be medically stable. The employer shall identify all such correspondence with capital letters "MEDICAL STABILIZATION", shall explain the …

A preliminary decision shall be mailed to the injured employee and the employer or the insurer or the adjuster of the employer. Preliminary decisions shall also be mailed to the employee's and the employer's designated representative provided a letter of representation is on file…

The preliminary decision shall be considered the final decision unless a request for hearing is filed with the director in writing not later than twenty calendar days after the date the preliminary decision is sent. The hearing shall be held in accordance with section 386-86, HRS…

(a) If the injured employee is medically stable and not permanently disabled, the injured employee shall not be referred for additional vocational rehabilitation services but may be permitted by the director to complete an approved vocational rehabilitation plan. (b) If the injur…

(a) The collective bargaining agreement shall not deny workers' compensation benefits to any employee who would be eligible for workers' compensation benefits under chapter 386, HRS. (b) The collective bargaining agreement shall not diminish the entitlement of an employee to comp…

(a) Impairment rating guides issued by the American Medical Association, American Academy of Orthopedic Surgeons, and any other such guides which the director deems appropriate and proper may be used as a reference or guide in measuring a disability. (b) If an employee is unable …

Alien dependents not residing in the United States at the time of the injury or leaving the United States subsequently shall furnish the liable employer annually with a verified document certifying the continuance of dependency on a form prescribed by the director. Notes Haw. Cod…

Except as otherwise provided by section 386-51, HRS, an injured employee's average weekly wage shall be computed as follows: (1) If the employee is employed on an hourly basis and has no overtime or other earnings during the one-year period prior to the work injury, the hourly ra…

For the purpose of section 386- 52(a), HRS, an employer may, with the approval of the director, deduct from an amount payable as compensation any advance payments made to the injured employee if the employee had been notified in writing at the time the advance was made that the p…

An employee who is required to obtain medical treatment shall use public conveyances whenever possible and shall be entitled to travel reimbursement. If the employee is unable to use public conveyances because of a physical condition, the nature of the injury, or geographical loc…

Written notice of intent to terminate payment of weekly temporary total disability benefits shall be sent by regular mail to the director and the employee in every case where the employer has determined that the employee is "able to resume work". In the event the employee has ret…

(a) Pursuant to section 386-35, HRS, insurers and self-insured employers shall make benefit rate adjustments to workers who are permanently and totally disabled. Insurers and self-insured employers shall be entitled to reimbursement from the special compensation fund for the supp…

(a) Within sixty days after medical care is prescribed and refused, or when curative medical care and rehabilitation is exhausted, and it is not likely the employee will be further rehabilitated or restored to preinjury status, the employee shall be deemed to have reached maximum…

The special compensation fund shall be responsible for temporary total disability and medical benefits where provided by statute and when ordered by the director. Notes Haw. Code R. § 12-10-29 [Eff: 12/14/82; am 12/8/94] (Auth: HRS § 386-72) (Imp: HRS §§ 386-21, 386-23.5, 386-31,…

Notes Haw. Code R. §§ 12-10-3 to 12-10-20

(a) If an employer denies compensability of a claim and the employee disagrees, the employee shall file form WC-5 which shall be provided to the employee by the department. The WC-5 shall authorize the release of medical documents pertaining to or having a bearing on the injury. …

(a) Should any action be filed, arbitration commenced, or claim be made to recover damages pursuant to section 386-8, HRS, the party or parties in interest shall within ten calendar days notify the director in writing and all other parties of interest with pertinent details as th…

(a) Pursuant to section 386-54, HRS, the director shall require the employee or the dependents of the employee to file a request for commutation and present evidence to support such request. (b) The employer, upon written notification of approval of commutation of payments, shall…

(a) In any case, including death, where an employer believes that section 386-33, HRS, applies, the employer shall give the director written notice no later than thirty calendar days after the date of the initial rating report indicating evidence of preexisting disability. The no…

When only the question of liable employer in an industrial injury is to be settled and temporary disability benefits remain unpaid, the last employer shall pay seventy-five per cent of the weekly benefits. The payments shall be made without a decision of the director. When a liab…

Notes Haw. Code R. §§ 12-10-35 to 12-10-60

(a) All reports required to be filed pursuant to chapter 386, HRS, and this chapter shall be filed at the office of the disability compensation division, department of labor and industrial relations, Honolulu, Hawaii, except that reports of injuries occurring in all political sub…