§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 expanded adult residential care homes, and assisted living facilities, shall meet the standards of conditions, management, and competence set by the department, and hold a license in good standing issued for this purpose by the department.
(b) The department shall adopt rules pursuant to chapter 91 relating to:
(1) Standards for the organization and administration of home and community-based case management agencies;
(2) Standards of conditions, management, and competence of home and community-based case management agencies;
(3) Procedures for obtaining and renewing a license from the department; and
(4) Minimum grievance procedures for clients of case management services.
(c) As a condition for obtaining a license, a person, agency, or organization shall comply with rules adopted under subsection (b)(1), (2), and (3), and satisfy the background check requirements under section 321-15.2. The department may deny a license if:
(1) An operator, employee, or new employee of the home and community-based case management agency has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less;
(2) The department finds that the background check record of an operator, employee, or new employee poses a risk to the health, safety, or well-being of adults receiving care in community care foster family homes, expanded adult residential care homes, or assisted living facilities;
(3) An operator, employee, or new employee of the home and community-based case management agency is a perpetrator of abuse as defined in section 346-222; or
(4) The holder of or an applicant for a home and community-based case management agency license, or one of its employees, has a certificate of approval to operate a community care foster family home, or a license from the department to operate an adult residential care home, expanded adult residential care home, or assisted living facility.
(d) Upon approval of any home and community-based case management agency, the department or its authorized agents shall issue a license, which shall continue in force for one year, or for two years if a home and community-based case management agency has been licensed for at least one year and is in good standing pursuant to standards adopted by the department, unless sooner revoked for cause. The department or its authorized agents shall renew the license only if, after an annual or biennial evaluation, the agency continues to meet the standards established by the department.
(e) The department shall evaluate the home and community-based case management agency to determine compliance with the requirements established under this section:
(1) Annually or biennially; or
(2) Upon receipt of a complaint that the home and community-based case management agency is in violation of the requirements established under this section.
(f) The department may suspend or revoke a license if the department deems that the agency is unwilling or unable to comply with the rules adopted under this section; provided that:
(1) Upon suspension or revocation of a license, the home and community-based case management agency shall no longer be licensed and shall immediately notify the agency's clients and community care foster family homes, expanded adult residential care homes, and assisted living facilities in which the agency is providing services to clients;
(2) A home and community-based case management agency whose license has been suspended or revoked may appeal the suspension or revocation to the department through its established process, but the appeal shall not stay the suspension or revocation;
(3) A suspended or revoked license may be reinstated if the department deems that the agency is willing and able to comply with the rules adopted under this section; and
(4) A revoked license shall be restored only after a new application is made and reviewed under this part.
(g) Any home and community-based case management agency shall be subject to investigation by the department at any time and in the manner, place, and form as provided in the department's rules.
(h) The department shall adopt standard forms of contract that the home and community-based case management agency shall use with each of its clients, community care foster family homes, expanded adult residential care homes, and assisted living facilities.
(i) The home and community-based case management agency shall have a fiduciary duty to each client it serves.
(j) A home and community-based case management agency shall not enter into an agreement that requires a community care foster family home to accept that agency's clients exclusively. [L 2012, c 93, pt of §2; am L 2015, c 190, §4]
Structure Hawaii Revised Statutes
321-1 General powers and duties of the department.
321-1.1 Development of environmental goals and objectives.
321-1.3 Domestic violence and sexual assault special fund.
321-1.4 Office of health care assurance special fund; deposits; expenditures
321-1.5 Primary health care incentive program; establishment.
321-1.6 Additional duties of the director.
321-1.7 Public health nursing services program.
321-1.8 Inspections; public notice.
321-1.9 Inspections; visits; state-licensed or state-certified care facilities.
321-1.65 Community health centers special fund.
321-2.5 Volunteer medical assistance personnel.
321-2.7 Preceptor credit assurance committee.
321-4.7 Producers of hand-pounded poi; exemption.
321-5 Contract for exchange of Hawaii personnel.
321-9 Seal, rules and regulations.
321-10 Rules, adoption, effect.
321-10.5 Agricultural processing facilities; permits; priority.
321-11 Subjects of health rules, generally.
321-11.1 Medically accurate sexuality health education.
321-11.4 Fees for electronic applications and payments
321-11.5 Establishment of fees.
321-11.6 Genetically modified organisms.
321-11.8 Care homes; liability insurance; coverage.
321-11.9 Dental health facilities; health care facilities; use of latex gloves.
321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.
321-12.2 Tanning facilities; minors; penalties.
321-12.5 Certified forensic examination fees.
321-13 Regulation of certain other occupations.
321-13.5 Certified nurse aides; investigations of abuse and neglect.
321-14 License to practice certain occupations.
321-14.5 Hospitals; licensing.
321-14.8 Home care agencies; licensing.
321-15.3 Criminal history disclosure of prospective care home resident.
321-15.6 Adult residential care homes; licensing.
321-15.9 Developmental disabilities residential services.
321-15.61 Adult residential care homes expanded admissions.
321-16.5 Special treatment facilities
321-16.6 Therapeutic living programs.
321-17 Vessels to carry diseased persons; penalty.
321-19 Delegation to counties.
321-21 Infectious wastes; management and disposal.
321-22 Long term care service development fund established.
321-22.5 Trauma system special fund
321-23 Catastrophic and traumatic emergency response program established.
321-23.3 Volunteer emergency medical disaster response personnel.
321-23.6 Rapid identification documents.
321-27 Sanitation and environmental health special fund.
321-28 Traumatic brain injury advisory board.
321-29 Epidemiologic investigations.
321-30.1 Medical cannabis registry and regulation special fund; established.
321-30.2 Civil monetary penalty special fund.
321-30.3 Default beverages offered with children's meals.
321-30.4 Cosmetics; animal testing; prohibition.
321-31 Functions of the department.
321-32 Epidemiological specialists.
321-34 Cytomegalovirus public education.
321-35 Department of education student physical examination follow-up assistance and consultations.
321-37 Child abuse and neglect secondary prevention programs.
321-38 Hawaii children's trust fund advisory committee.
321-43 Statistical activities.
321-46 Breast density mammography results; report and notification.
321-51 Department to administer part.
321-52 Powers, duties, and activities of the department.
321-62 General duties of department.
321-63 Director's specific duties and powers.
321-72 Sources of ionizing radiation; federal-state agreements.
321-82 Field nutritionist, rural Oahu.
321-91 Program of home health services.
321-93 Home health services; source of funds; disposition of receipts.
321-101 Systematic hearing and vision program.
321-106 Prevention of blindness at childbirth.
321-111 Sexually transmitted disease prevention program.
321-161 Chemical testing for alcohol concentration or drug content.
321-171 Children's mental health services; department responsibility.
321-172 Children's mental health services branch.
321-173 Community mental health services for children and youth.
321-174 Coordination of services with department of education.
321-175 Statewide children's mental health services plan.
321-176 Biennial review of progress.
321-192 Substance abuse program.
321-192.5 Substance abuse treatment monitoring program.
321-193 Duties and responsibilities of department.
321-193.5 Interagency coordination.
321-193.7 Clean and sober homes registry.
321-194 State advisory commission.
321-195 Annual report to the legislature.
321-198 State funding of substance abuse agencies.
321-212 Tobacco products; possession or consumption prohibited.
321-221 Findings and purpose. §321-221 Findings and purpose.
321-224 Department of health, functions, duties.
321-224.2 Enhanced and expanded emergency medical services; fees.
321-224.4 Community paramedicine program; established.
321-225 The state emergency medical services advisory committee.
321-225.5 Fall prevention and early detection coordinator.
321-227 Regulation of ambulances. §321-227 Regulation of ambulances.
321-228 Emergency medical services; counties. §321-228 Emergency medical services; counties.
321-228.5 Renumbered as §321-23.3.
321-228.6 Renumbered as §321-23.
321-229 Emergency medical services personnel, training programs.
321-229.2 First responder personnel; dementia training.
321-229.5 Renumbered as §321-23.6.
321-230 Technical assistance, data collection, evaluation.
321-232 Revenues; deposit into state general fund.
321-234 Emergency medical services special fund.
321-235 Immunity and limitation on liability for emergency aeromedical services.
321-237 Retention of relevant documentation.
321-281 Financial assistance fund for hemophilia.
321-282 General duties of the department.
321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases.
321-296 Newborn pulse oximetry screening.
321-301 Bilingual health education aide program; establishment.
321-311 Environmentally-related illness and injury surveillance.
321-311.5 Renumbered as §321-29.
321-312 Definition of environmentally-related illness or injury.
321-313 Definition of health care professional.
321-314 Reports to the department.
321-316 Immunity from liability.
321-322 Administration of programs.
321-324 Powers of the department.
321-327 Hawaii home visiting program; established.
321-331 Prenatal health care; authority.
321-341 Multidisciplinary and multiagency reviews.
321-343 Access to information; use of child death review information; protections.
321-345.5 Child death reviews; reports.
321-346 Immunity from liability.
321-352 Early intervention services for infants and toddlers with special needs.
321-352.2 Early language services for children who are deaf, hard of hearing, or deaf-blind.
321-353 Hawaii early intervention coordinating council; establishment.
321-355 Early intervention special fund.
321-357 Early intervention special fund; purpose and use.
321-373 Regulation of tattoo artists.
321-373.5 Permit; required for tattoo shop and temporary locations.
321-374 License required; exemptions.
321-375 Examination, fees required.
321-377 Suspension or revocation of permit or license.
321-379 Enforcement; penalties.
321-381 Biennial renewal; failure to renew.
321-402 Food safety consultative and education program.
321-403 Food safety control system.
321-404 Public information monitoring system.
321-405 Confidentiality of information.
321-412 Indoor air quality program.
321-413 General functions, powers, and duties of the department.
321-422 Birth defects program.
321-423 Confidentiality of data.
321-425 Requests for information.
321-426 Birth defects special fund.
321-432 Case management services for medically fragile children.
321-442 Exemption from certain laws and rules.
321-472 Multidisciplinary and multiagency reviews
321-475 Use of domestic violence fatality review information and records
321-476 Immunity from liability
321-482 Home and community-based case management agency, authority over and evaluation of
321-483 Community care foster family home, authority over and evaluation of.
321-486.1 Action upon investigation.
321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.
321-493 Day care centers for disabled and aged persons.
321-501 Multidisciplinary and multiagency mortality reviews.
321-503 Access to information.
321-506 Immunity from liability.
321-513 Enforcement; administrative penalties.
321-532 Stroke system of care; department duties.
321-534 Confidential information.
321-561 Limited service pregnancy centers; notice of reproductive health services.
321-562 Limited service pregnancy centers; enforcement; private right of action.
321-563 Seizure first aid; information.
321-571 Skilled nursing facilities.
321-581 Authority of the department of health.
321-582 Consultation with the University of Hawaii required.
321-583 Reduction or elimination of direct patient care services.