Title 19, Health

§321-475 Use of domestic violence fatality review information and records. (a) Except as otherwise provided in this part, all information and records acquired by the department during its review of domestic violence fatalities pursuant to this part are confidential and shall only…

[§321-476] Immunity from liability. A domestic violence fatality review team, its members, and any entity, agency, or individual participating in, or cooperating in, the review of a domestic violence fatality pursuant to this part shall not be civilly or criminally liable for pro…

[PART XXXVIII.] HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES §321-481 Definitions. As used in this part: "Certificate of approval" means the certificate issued by the department or its designee that authorizes a person, agency, or organ…

§321-482 Home and community-based case management agency, authority over and evaluation of. (a) Any person, agency, or organization engaged in providing, coordinating, or monitoring comprehensive services to clients in community care foster family homes, or medicaid clients in ex…

§321-483 Community care foster family home, authority over and evaluation of. (a) Any person in any household who wants to take in, for a fee, any adult who is at the nursing facility level of care and who is unrelated to anyone in the household, for twenty-four hour living accom…

[§321-485] Penalty. Any person violating this part or any rule adopted pursuant to this part shall be fined not more than $500. [L 2012, c 93, pt of §2]

[PART XXXVIIIA. UNCERTIFIED OR UNLICENSED CARE FACILITIES] [§321-486] Investigations. Upon receiving a report that a person, corporation, or any other entity may be operating a care facility without a certificate or license as required by law and issued by the department of healt…

[§321-486.1] Action upon investigation. Upon investigation, the department may take action on confirmed findings that the subject of a report is operating a care facility without the required certificate or license and may do any or all of the following:

[§321-486.2] Right of entry. The department, when engaged in an investigation pursuant to section 321-486, may visit and communicate with any person operating the facility, home, or other type of living arrangement that is the subject of a report. Any person intentionally or know…

§321-487 Referral or transfers to uncertified or unlicensed care facility; penalty. (a) It shall be unlawful for any person, corporation, or entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any perso…

[PART XXXIX.] SERVICES TO ADULTS [§321-491] Purpose. The purpose of this part is to establish the nature and type of services to elders, disabled, and aged who are qualified to receive social services according to standards and conditions prescribed by the department of health. […

[§321-492] Definitions. As used in this part: "Day care center" includes a place designated for group care for four or more adults or a family home providing care for two or more adults. "Day care center for elder disabled and aged persons" means a place maintained and operated b…

[§321-493] Day care centers for disabled and aged persons. The department shall be responsible for the recruitment and licensing of day care centers for elder disabled and aged persons. The department shall adopt any necessary rules, regulations, and minimum standards to protect …

[§321-494] Purchase of service. The department may negotiate the purchase of day care services for elder disabled and aged recipients, including other social services from individuals or other organizations, institutions, or agencies. Other social services shall be necessary and …

[§321-495] Penalty. Any individual, organization, or agency operating a day care center for disabled or aged persons without a license from the department shall be cited and fined an amount deemed to be appropriate by the court, but not to exceed a maximum of $5,000. [L 2012, c 9…

§321-5 Contract for exchange of Hawaii personnel. (a) The department of health may contract with any state, or the health department of any state having the power to so contract, for the exchange of Hawaii personnel for personnel of the health department of that state. Any exchan…

[PART XL.] MORTALITY REVIEW OF DEATHS OF PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES [§321-501] Multidisciplinary and multiagency mortality reviews. The department may conduct multidisciplinary and multiagency mortality reviews of deaths of persons with developmental …

[§321-502] Definitions. As used in this part: "Adult" means a person eighteen years of age or older. "Adult death review information" means information regarding the adult person and person's family, including: "Department" means the department of health. "Developmental disabilit…

[§321-503] Access to information. (a) Upon written request of the director, all providers of medical care or other related services and state and county agencies shall disclose to the department and to those individuals appointed by the director to participate in the mortality re…

[§321-504] Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency. [L 2012, c 162, pt of §1]

[§321-505] Use of information and records from mortality reviews of deaths of persons with developmental or intellectual disabilities. (a) Except as otherwise provided in this part, all information and records acquired by the department during its multidisciplinary and multiagenc…

[§321-506] Immunity from liability. All agencies and individuals participating in multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities pursuant to this part shall not be held civilly or criminally liable for prov…

PART IV. CHILDREN WITH SPECIAL HEALTH NEEDS §321-51 Department to administer [part]. The department of health is designated as the agency of the State to administer a program of services for children with special health needs. [L 1939, c 179, §2; RL 1945, §2102; RL 1955, §46-41; …

[PART XLI.] COMPASSIONATE CARE FOR SEXUAL ASSAULT VICTIMS [§321-511] Definitions. As used in this part, unless the context otherwise requires: "Compulsion" means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property dama…

[§321-512] Compassionate care. (a) Any hospital at which a female sexual assault victim presents for emergency services shall: (b) No hospital shall deny a female sexual assault victim emergency contraception based on a refusal to undergo a forensic examination or a refusal to re…

[§321-513] Enforcement; administrative penalties. (a) The department may set, charge, and collect administrative fines and recover administrative fees and costs, including attorney's fees and costs, resulting from a violation of this part or any rule adopted under this part. (b) …

[§321-514] Rules. The department may adopt rules under chapter 91 for the purposes of this part. [L 2013, c 27, pt of §2]

§321-52 Powers, duties, and activities of the department. To carry out the purposes of this part, the department of health may:

§321-53 Funds. The director of finance shall be the custodian of all moneys appropriated for or received by the department of health from any sources whatso­ever for the purposes of this part and shall deposit such moneys in the fund for children with special health needs. All ex…

[Part XLII.] stroke care [§321-531] Definitions. As used in this part, unless the context requires otherwise: "Department" means the department of health. "Stroke coalition" means a multi-organizational process of public, private, and nonprofit organizations working together for …

[§321-532] Stroke system of care; department duties. (a) The department shall participate in a systematic process to evaluate, improve, and sustain stroke care throughout the State to reduce death and disability from stroke. The stroke system of care shall include: (b) The depart…

[§321-533] Stroke database. (a) All acute care hospitals that receive stroke patients from emergency medical services shall report data consistent with requirements of the stroke database on the treatment of all individuals with a suspected or confirmed stroke. (b) The department…

[§321-534] Confidential information. The department and stroke coalition shall not disclose any confidential information or other data in violation of the federal and state privacy regulations. [L 2015, c 211, pt of §2]

§321-54 Application of part. The services provided by this part shall be for the benefit of and apply only to persons not over twenty-one years of age, who or whose estate, or whose parents or guardians are without sufficient means to pay for the services. The department of healt…

[Part xliii.] durable medical equipment supplier license program [§321-541] Title. This part shall be known and may be cited as the "durable medical equipment supplier license program". [L 2016, c 137, pt of §2]

[§321-542] Definitions. As used in this part: "Consumer" means a health care facility, health care professional, or health care provider, as defined in section 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity. "Department" m…

[§321-543] Licensing. It shall be unlawful for any person to operate as a durable medical equipment supplier that sells, dispenses, delivers, or services durable medical equipment to a consumer in the State without first obtaining a license. To receive a license, a durable medica…

[§321-544] License fee. The department may assess a license fee of no more than $350 on each durable medical equipment supplier who receives a license pursuant to section 321-543. The license fee collected shall be deposited into the office of health care assurance special fund p…

[§321-545] Exemptions. Pharmacies licensed pursuant to chapter 461 are exempt from this part. [L 2016, c 137, pt of §2]

[§321-546] Rules. The department may adopt rules pursuant to chapter 91 to carry out the purpose of this part. [L 2016, c 137, pt of §2]

[§321-547] Severability. If any provision in this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or application of this part that can be given effect without the invalid provision or application,…

[PART XLIV. MISCELLANEOUS PROVISIONS] [§321-561] Limited service pregnancy centers; notice of reproductive health services. (a) For purposes of this section, "limited service pregnancy center" or "center": (b) Every limited service pregnancy center in the State shall disseminate …

[§321-562] Limited service pregnancy centers; enforcement; private right of action. (a) A limited service pregnancy center that violates section 321-561 shall be liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. If the center is provid…

[§321-563] Seizure first aid; information. [Section repealed on June 30, 2026. L 2021, c 150, §4.] (a) The department of health may provide employers, employees, and the general public with information in relation to rendering seizure first aid. (b) Employers may disseminate to t…

[PART XLV.] SKILLED NURSING FACILITIES [§321-571] Skilled nursing facilities. (a) All skilled nursing facilities shall be licensed by the department of health to ensure the health, safety, and welfare of the individuals placed therein. (b) The director of health shall adopt rules…

[§321-6.5] Clinical laboratory test results. (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder. (…