Hawaii Administrative Code

The department shall notify the applicant or provider if the plan of correction is acceptable within thirty days after receipt of the plan of correction. Notes Haw. Code R. § 11-172-19 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)…

The department may grant or continue a certificate after it verifies that the applican has complied with its written plan of correction and meets all the certification requirements. Notes Haw. Code R. § 11-172-20 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (…

The department may deny any application for initial certification or re certification for any of the following reasons: (1) The applicant or provider is not licensed to do business in the State of Hawaii; (2) The applicant or provider does not meet the service-specific standards …

Any applicant or provider denied certification under this chapter may appeal to the Adult Mental Health Division in accordance with its policies and procedures. If not satisfied with the final Adult Mental Health Division decision, the applicant or provider may appeal in writing …

Certification shall be granted for a period of time to be determined by the department, but not to exceed three years from the date of the department's decision under section 11-172-14, subject to the applicant or provider's continuous compliance with certification requirements. …

The department may conduct on-site surveys of an applicant or provider at any time without prior notice. Notes Haw. Code R. § 11-172-24 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

A certificate shall be issued only to the applicant named in the application. The certificate may not be sold, assigned, leased, donated, or otherwise transferred to any other applicant or provider. Notes Haw. Code R. § 11-172-25 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C…

The provider shall notify the department immediately of any changes in its operation that affect the provider's continued compliance with these requirements, including changes in ownership, control, service, affiliation, or referral arrangements. Notes Haw. Code R. § 11-172-26 [E…

The department may revoke a certificate at any time if it determines that the provider has failed to comply with any certification requirement. Notes Haw. Code R. § 11-172-27 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

Any provider whose certificate is revoked under this chapter may appeal in accordance with Adult Mental Health Division policies and procedures. If the provider is not satisfied with the final decision of the Adult Mental Health Division, the provider may appeal the decision in w…

Certification shall be considered terminated and invalid after its expiration date if the provider fails to apply for renewal of certification prior to the expiration, date of the certificate, voluntarily relinquishes certification or goes out of business. Notes Haw. Code R. § 11…

Contract for services. The department may enter into contracts with providers certified under this chapter. Notes Haw. Code R. § 11-172-30 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

Providers submitting claims for medical assistance reimbursement shall be reimbursed for services as provided in section 17-1737-44.1(f). Providers shall submit their claims to the department. Notes Haw. Code R. § 11-172-31 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. …

Medical assistance reimbursement to providers shall only be made for individuals eligible for medical assistance and who are medically determined to need community mental health rehabilitation services. These services must be recommended by a physician or other licensed practitio…

Providers shall submit information and data regarding appropriateness of CMHRS provided, lengths of stay, and quality of CMHRS provided to the department. Upon request, the applicant or provider shall deliver to the department the requested information. The department shall devel…

All individuals receiving mental health rehabilitation services under this chapter shall be entitled to choose their providers, subject to availability, from among those certified under this chapter. Notes Haw. Code R. § 11-172-34 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 …

If any provision of this chapter or application thereof to any agency or circumstance is held invalid, the application of the remainder of the chapter to other agencies or circumstances shall not be affected. Notes Haw. Code R. § 11-172-35 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 3…

The of this chapter is to establish a payment fee for care and treatment of patients at Hawaii State Hospital. Notes Haw. Code R. § 11-174-1 [Eff. NOV 5 1981] (Auth. HRS § 334-9) (Imp. HRS § 334-6)

As used in this chapter: "Patient" means persons under observation, care, and/or treatment at Hawaii State Hospital. Notes Haw. Code R. § 11-174-2 [Eff. NOV 5 1981] (Auth: HRS § 334-9) (Imp: HRS § 334-6)

The inclusive rate for the routine and ancillary services per patient shall be $133 per day. The routine and ancillary services shall include room and board, standard items of clothing and toilet articles, food and nutrition services, laundry service, basic nursing and treatment …

The purposes of this chapter are to: (1) Establish the elements of and minimum requirements for a comprehensive community-based mental health and substance abuse system utilizing public and private resources to reduce the incidence of mental or emotional disorders and substance a…

Whenever a service area board vacancy occurs, the service area board shall: (1) Publish notice of the vacancy; (2) Solicit nominations from a variety of sources, including consumers, individual providers, agencies, and other resident sources; and (3) Nominate four persons and for…

(a) Services to all consumers shall be appropriate to their age, level of development, current situation, social, ethno-cultural, educational, religious and economic background and shall take into account the central nature of the family, parents or parent substitutes and peer gr…

Mental health and substance abuse services shall be delivered in a continuum which includes prevention, intervention treatment, rehabilitation and aftercare. Notes Haw. Code R. § 11-175-12 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS § 334-2)

Services shall be accessible and delivered in nonresidential residential, and hospital settings. Notes Haw. Code R. § 11-175-13 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS § 334-2)

(a) Elements of the mental health and substance abuse System shall include, but are not limited to the following Services and each service area shall ensure adherence to the following Standards and availability of the specific minimum levels of Service to persons eligible for Ser…

(a) No single needs assessment model or procedure shall be used as the sole criterion for determining service area mental health and substance abuse needs. At least one assessment of need shall be made by a multi-disciplinary team or group of persons which includes at least one s…

(a) Each service area center in conjunction with its service area board shall seek information, opinions, and recommendations from service area residents through such measures as community forums, public meetings, formal and informal surveys. (b) Each service area center shall id…

(a) The department shall provide a framework for need-based and community-based planning including the ongoing development and coordination of a statewide service delivery system. (b) The department shall establish mechanisms to guide the planning of mental health and substance a…

(a) Except for those consumers for whom no additional mental health or substance abuse care is necessary or accepted, no psychiatric facility or residential treatment facility shall discharge any consumer without notifying the provider of mental health, substance abuse, or other …

(a) All providers of mental health or substance abuse services in the system shall: (1) Be functionally linked in a collaborative and cooperative manner to assure that consumer needs and potentials are met. (2) Meet requirements established by the department; (3) Establish writte…

As used in this chapter: "Abuse" means actual or threatened physical injury, psychological harm, or sexual violation of a consumer by another person. "Adult mental health division" or "AMHD" means the division of the department that promotes and provides for the establishment and…

(a) All mental health and substance abuse services provided directly by or under contract by the department shall be monitored and evaluated at least annually in accordance with contractual provisions and requirements established by the department to ensure a high level of servic…

There shall be, policies and procedures governing the promotion, conduct and range of research activities, demonstration projects and studies. Notes Haw. Code R. § 11-175-21 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: § 334-2)

The department shall maintain a system of data collection and record keeping to correlate resources, services and outcomes for accreditation or certification purposes and for reporting to the state and federal agencies. Notes Haw. Code R. § 11-175-22 [Eff. and comp DEC 30 1988; C…

(a) The four year state plan shall reflect plans developed in each of the service areas. It shall highlight plans for special populations and shall indicate what proportion of the division's budget is to be spent on each part of the continuum of services and each location of serv…

Consumers who speak no or limited English or who are hearing impaired shall be provided the services of a qualified interpreter for the purpose of interpretation and translation and assisting the consumer to obtain all needed service elements as described in subchapter 3 of these…

In the event of budget restrictions, budget reductions, reductions in force, or similar measures limiting the department's available resources, the director may change or reduce Community mental health Services. The following are among the criteria to be considered: (1) Whether t…

Notes Haw. Code R. §§ 11-175-26 to 11-175-29

(a) The state council on mental health and substance abuse shall serve as an advisory body to the department and the council's function shall not include any clinical, administrative, or ''supervisory functions of the department, (b) The council shall: (1) Advise the department o…

(a) Each consumer admitted to a mental health or substance abuse program shall have a clinical record maintained at the program. The record shall be accessible to the consumer, the consumer's legal guardian, if any, and shall include, but not be limited to: (1) All documents rela…

(a) Information in the clinical record of a consumer of mental health or substance abuse services shall be confidential and shall not be shared outside the mental health division, outside a contract program, or by a private provider, except information shall be disclosed: (1) Whe…

(a) Mental health and substance abuse programs shall obtain informed consent to treatment before nonemergency treatment of a consumer commences except for a person specifically ordered by a court to be involuntarily treated. (b) A signed consent to treatment form shall be placed …

(a) Mental health and substance abuse programs shall establish grievance policies and procedures for consumers and others on their behalf who allege violations of legally protected rights or have complaints concerning these rights. Such policies and procedures shall include mecha…

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures about the consumer's right of access to personal funds and valuables. Such policies and procedures shall include mechanisms for: (1) Informing consumers about their responsibil…

(a) Psychiatric facilities and residential treatment facilities shall presume that adult consumers are legally competent unless a court has determined otherwise, and shall establish policies and procedures for exercise of civil rights by consumers. Such policies shall include but…

Psychiatric facilities and residential treatment facilities shall grant consumers authorized absence upon terms and conditions to be determined by the facility administrator for reasons such as, but not limited to personal business, family emergencies, visits, and trial periods o…