State government鈥檚 most fundamental duties revolve around the creation and enforcement of policy and law. So it鈥檚 been curious to watch the state Department of Health鈥檚 law-flouting reaction this year to a 2-year-old statute requiring the department to post inspection reports online for adult care home and multiple other kinds of long-term care facilities that it oversees 鈥斅爊early 1,700 in all.

The reports were required to begin showing up online on Jan. 1. But neither of the two health department divisions that had been given nearly $150,000 over a two-year budget cycle to hire two staffers responsible for the posting actually hired anyone. The state鈥檚 hiring process was too hard and bureaucratic, they complained. And so they simply ignored the online posting law that required their compliance, despite having 18 months advance warning for when posting was to begin.

Criticism mounted, and by mid-February, the , which oversees 295 adult foster care homes, fell in line. It began posting inspection reports in early February, and continues to do so. The DDD has now posted 166 reports 鈥斅爎epresenting more than half of the facilities under its control and counting 鈥斅爋n its website.

Sue Cornish, R.N., case manager from Elder Care Resource, Inc., speaks to residents at Hokulaki Senior Living care home in Kaneohe. Cory Lum/Civil Beat

The 聽is a different story. Much larger than the DDD, it is responsible for several different kinds of facilities that in aggregate provide about 7,800 beds. OHCA finally began posting inspection reports in mid-March, but its minor run at compliance only include 79 reports and didn鈥檛 last long. Now OHCA Director Keith Ridley says, 鈥淥ur office is unable to absorb this work on an ongoing basis with our current resources.鈥

It鈥檚 a novel defense. Perhaps you might try it yourself next filing season when the requires your income tax return. 鈥淚 regret to inform you that I am unable to absorb this work, due to a lack of resources. Thank you for understanding.鈥 (Tip: Be sure to hire an attorney first. Maybe two.)

Incredibly, Ridley attributes his failure to hire to the fact that the initial funding for a staff position to handle the postings was only temporary and not included in the next biennial budget. Maybe lawmakers might have been more supportive had they seen any movement on the health department鈥檚 part toward making the initial hires. We are not aware of any state agencies that succeed in turning up their noses at legislative appropriations because they weren鈥檛 delivered in the form or fashion that the agencies requested.

What鈥檚 even more appalling about this situation is that the inspection reports in question cover such facilities as adult residential care homes and assisted living facilities. Those two categories account for about 5,000 beds, and not a single inspection report has been posted on any of the facilities in question.

As with the other facilities, these places provide care for many of Hawaii鈥檚 most vulnerable people 鈥 those whose hopes for paradise in the Aloha State are often no more than a quiet bed and humane, competent care in a clean environment.

These places provide care for many of Hawaii鈥檚 most vulnerable people 鈥 those whose hopes for paradise in the Aloha State are often no more than a quiet bed and humane, competent care in a clean environment.

Prospective residents and their families often look to these inspection reports to determine what the best option is for them. Without online posting, those families are reliant on a plodding process reminiscent of 50 years ago, wherein they make written requests for the reports, wait for the department to find them and redact portions that can鈥檛 be released and finally pay for whatever paper copies they receive, as well as the staff time it took to produce them.

Has no one heard of electronic records, document scans, file downloads or smart forms at the health department? Apparently, such new-fangled ideas aren鈥檛 for them.

Fortunately, Gov. David Ige is as unsympathetic to the department鈥檚 excuses as we are 鈥 perhaps because the governor well remembers that he was one of the lawmakers who voted unanimously to approve the posting law. As a gubernatorial candidate, the governor promised last fall to execute the law 鈥渋mmediately because seniors in adult care must be ensured a safe environment.鈥

Through a spokeswoman, the governor told Civil Beat鈥檚 Nathan Eagle last week that he is aware of the posting situation and that it will be corrected soon.

That promise needs to be fulfilled. Thousand of families and current and prospective care home patients around the state are counting on it.

Likewise, health department director Dr. Ginny Pressler needs to explain why an agency under her direction doesn’t seem to be taking its obligations under the law very seriously.聽State agencies and their staff are not above the law, whether or not they believe they have the proper resources to comply.

Reorganizing personnel and redistributing duties to ensure legal requirements are met is always a smart management option, and where the stakes are this high, we鈥檇 argue it鈥檚 one that most reasonable people would prefer.

Support Independent, Unbiased News

Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. When you give, your donation is combined with gifts from thousands of your fellow readers, and together you help power the strongest team of investigative journalists in the state.

 

About the Author