Title 19, Health

§323D-72 Acquisition of hospital. (a) No person shall engage in the acquisition of a hospital without first: (b) Any person not required to obtain the approval of the agency under this part shall give the attorney general at least ninety days prior notice of an impending acquisit…

[§323D-73] Notice; procedures. (a) Within five working days after receipt of a complete application under section 323D-72, the agency shall give public notice of the application in the affected county or counties where the hospital is located and shall notify by first-class mail …

[§323D-74] Hearings. (a) The agency, after consultation with the attorney general, shall, if appropriate, hold a public hearing during the course of review, which hearing may be held jointly with the certificate of need review panel or the statewide health coordinating council, a…

[§323D-75] Review; decision; rules. (a) The attorney general shall conduct its review of the application in accordance with the standards enumerated in section 323D-76. Within ninety days after receipt of an application, the attorney general shall review and approve or disapprove…

§323D-76 Acquisition in the public interest; decision of attorney general. If the attorney general determines that a review of the application is appropriate, the attorney general shall approve the application unless the attorney general finds that the acquisition is not in the p…

[§323D-77] Acquisition; decision by agency. In making a decision whether to approve or disapprove an application, the agency shall consider: This section does not apply higher standards to hospitals covered by this part than those applicable to hospitals not covered by this part.…

[§323D-78] Revocation; hearing. If the agency receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 323D-77, the agency shall hold a hearing upon ten days notice to the affected parties. If after the hea…

[§323D-79] Public interest. The attorney general shall have the authority to ensure compliance with commitments made pursuant to section 323D-77. [L 1998, c 257, pt of §1]

[§323D-80] License renewal. No license to operate a hospital may be issued or renewed by the department of health pursuant to this chapter, and a license which has been issued shall be subject to revocation or suspension, if: This section does not limit the right to a hearing or …

[§323D-81] Prior acquisitions. Any acquisition of a hospital before July 20, 1998 and any acquisition in which an application for a certificate of need has been granted by the agency before July 20, 1998 is not subject to this part. [L 1998, c 257, pt of §1]

§323D-82 Maintenance of services. A person who has acquired or is engaged in the acquisition of a hospital shall not substantially reduce or eliminate direct patient care services at the hospital below the levels at which those services were available at the time of the acquisiti…

[§323D-83] Statutory authority. No provision of this part shall derogate from the common law or statutory authority of the attorney general. [L 1998, c 257, pt of §1]

PART I. GENERAL PROVISIONS §323F-1 Definitions. As used in this chapter, unless the context otherwise requires: "Consumer" means any individual who may utilize a Hawaii health systems facility for health services and is not a provider. "Corporation" means the body corporate and p…

§323F-10 Regional public health facility management advisory committees. (a) On the transfer date, there shall be established within the corporation for each region, a public health facility management advisory committee to consist of nine members initially to be appointed by the…

§323F-10.5 Executive public health facility management advisory committee; establishment. (a) There is established within the corporation an executive public health facility management advisory committee to consist of the chairpersons of each of the five regional public health fa…

§323F-10.6 Peer review and credentialing. Peer review activities shall be subject to chapters 663 and 671D and all other provisions and restrictions of medical peer review committees established by state law. [L 1998, c 229, pt of §1; am L 2007, c 290, §28]

§323F-11 Executive branch; noninterference. Notwithstanding any other law to the contrary, the governor and executive branch agencies shall limit their responsibilities to that of review and oversight when the corporation or regional system board receives general funds from the S…

[§323F-12] Public-private partnership. (a) There is established within the corporation for administrative purposes only a public-private partnership in a county that encompasses at least three islands inhabited by permanent residents, to research, develop, and implement a model o…

§323F-2 Hawaii health systems corporation. (a) There is established the Hawaii health systems corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be placed within the department of health for the ad…

PART II. BUDGET AND FINANCE §323F-21 Fiscal provisions. (a) There is created in the state treasury a special fund to be known as the health systems special fund, into which shall be deposited all fees, proceeds, reimbursements, and the like owed to or received by the corporation,…

§323F-22 Annual audit and report; disclosure of revenue projections; internal performance audit. (a) The corporation shall engage a certified public accountant to conduct an annual audit of its financial affairs, books, and records in accordance with generally accepted accounting…

§323F-23 Exemption from taxation. The corporation and each regional system board shall be exempt from paying any:

§323F-24 Budget oversight. The corporation's and each regional system board's operating and capital improvement budgets shall not be subject to review or approval by the governor or any state agency, except where state general funds or capital improvement moneys are requested. If…

[§323F-25] Regional system board; community hospitals; community health centers; collaboration. Each regional system board and each community hospital under the jurisdiction of the corporation shall collaborate with community health centers within their respective geographic juri…

§323F-3 Corporation board. (a) The corporation shall be governed by an eighteen-member board of directors that shall carry out the duties and responsibilities of the corporation other than those duties and responsibilities relating to the establishment of any captive insurance co…

§323F-3.5 Regional system boards. (a) There is hereby established a regional system board of directors to govern each of the five regional systems specified in section 323F-2, no later than January 1, 2008. The regional system boards of directors shall carry out the duties and re…

PART III. OTHER PROVISIONS §323F-31 Maintenance of services. (a) No planned substantial reduction or elimination of direct patient care services at any facility shall be undertaken unless all of the following requirements are met: (b) After the community informational meeting, bu…

[§323F-32] Acquisition of Kahuku hospital. (a) Kahuku hospital on Oahu may be assimilated into the Hawaii health systems corporation in a manner and to an extent that may be negotiated between the corporation and Kahuku hospital. After assimilation, the physical assets and the gr…

[§323F-33] Hawaii Medical Center-East; affiliation; acquisition. (a) Hawaii Medical Center-East on Oahu may be assimilated into the corporation by negotiation between the corporation and the owners of Hawaii Medical Center-East. Assimilation may be accomplished with the creation …

[§323F-34] Tobacco and electronic smoking devices use prohibited. (a) Notwithstanding the less restrictive requirements of chapter 328J, the Hawaii health systems corporation shall prohibit the use of any tobacco product or electronic smoking device by any person on the premises …

§323F-4 Board meetings. (a) The corporation board and each regional system board shall be exempt from part I of chapter 92 and shall meet no fewer than four times a year; provided that the regional system boards and the corporation board shall meet together at least once a year. …

[§323F-4.5] Captive insurance board. (a) There is established a ten-member captive insurance board that shall carry out the corporation's duties and responsibilities relating to the establishment of any captive insurance company pursuant to section [323F-7(c)(20)] and the operati…

§323F-5 Disclosure of interests. All corporation and regional system board members and employees of the corporation shall be subject to chapter 84. [L 1996, c 262, pt of §2; am L 2007, c 290, §21]

§323F-5.5 Criminal history record checks. (a) The corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation's health facilities, in accor…

[Part iV.] PUBLIC-PRIVATE partnerships for the delivery of health care services at MAUI REGIONAL SYSTEM FACILITIES [§323F-51] Definitions. As used in this part: "Nonprofit management entity" means a nonprofit organization duly authorized to transact business in the State, the sol…

[§323F-52] Transfer of right and responsibility to manage, operate, and provide health care services in a facility of the Maui regional system to a nonprofit management entity. (a) Notwithstanding any other law to the contrary, including but not limited to section 27-1, section 7…

[§323F-53] Approvals required. Any documents associated with the transfer of a Maui regional facility or facilities under this part shall be subject to review by the attorney general and the director of finance in their capacity to advise the governor. [L 2015, c 103, pt of §2]

[§323F-54] Real property; terms and conditions. (a) The corporation shall enter into a fixed-term lease with the private entity or its nonprofit management entity to rent the real property, including all improvements and fixtures on the property, of the Maui regional system facil…

[§323F-55] Transfer or assignment of other business assets. Provisions to transfer ownership or assign the interest of the corporation or the Maui regional system in some or all of the equipment and furnishings of the facility or facilities transferred to the private entity or it…

[§323F-56] Liabilities. (a) The State, the Maui regional system board, or the corporation, separately or collectively, shall be responsible for any and all obligations incurred by the facility or facilities to be transferred, the Maui regional system, or the corporation prior to …

[§323F-57] Employment, wages, and benefits. (a) The corporation and the unions representing employees of the facility or facilities shall meet to discuss the impact of a transfer on the employees and the feasibility of tempering the adverse effect of layoffs by amending the emplo…

[§323F-58] Operating support. (a) Without regard to chapter 42F, the private entity or its nonprofit management entity to which one or more of the facilities of the Maui regional system has been transferred pursuant to this part may seek funds from the State for its operating cos…

[§323F-59] Capital project support. (a) Without regard to chapter 42F, the private entity or its nonprofit management entity to which one or more of the facilities of the Maui regional system has been transferred pursuant to this part may seek funds from the State for capital exp…

§323F-6 Records. (a) The corporation and each regional system board shall be subject to the requirements of chapter 92F, except that the following categories of government records shall not be required to be disclosed: Any person denied access to any such government records shall…

[§323F-60] Strategic commitment during term of lease. (a) The private entity shall be committed to supporting the nonprofit management entity and any transferred facility to achieve excellence and improve access to services in Maui county. (b) The private entity and the nonprofit…

§323F-7 Duties and powers of the corporation and regional system boards. (a) Notwithstanding any other law to the contrary and unless otherwise specified, only those duties and powers related to corporation-wide matters, including but not limited to corporation-wide budgeting, pe…