Bill Would Allow Crackdown On Unlicensed Care Homes
The unauthorized facilities proliferated while the Health Department failed to establish rules on which ones needs licenses.
Hawaii lawmakers are moving forward with a bill to give state inspectors more power to investigate unlicensed care facilities that have proliferated in the absence of Health Department rules.
House Majority Leader Della Au Belatti on Wednesday sought assurances from state Office of Health Care Assurance Chief Keith Ridley about how he would use the new enforcement authority, which includes the ability to enter unlicensed homes that have received complaints.
鈥淚t鈥檚 almost the Airbnb of care homes,鈥 she said. 鈥淭he care models have changed and we haven鈥檛 kept up. 鈥 That鈥檚 why we鈥檙e hamstrung.鈥
Draft administrative rules to govern whether home care agencies need to be licensed will finally go out to public hearings statewide starting May 14, Ridley said. The department has taken nearly 10 years to create them, exasperating lawmakers.
“I don鈥檛 understand why we鈥檙e here at this point,” Belatti said, rejecting the “lack of resources” argument. “I don鈥檛 know what the solution is. There are so many problems in this area.鈥
Ridley reaffirmed that his office needs to pass before the legislative session ends May 3 so his office can properly investigate reports of unlicensed facilities, often referred to as aging in place homes.
鈥淭his is a regulatory function,鈥 he said. 鈥淲e are not seeking police powers for criminal investigations.鈥
His office oversees roughly 1,700 licensed facilities that care for about 13,000 elderly and disabled residents. For license or certification, the operators have to comply with annual inspections, unannounced visits, staffing requirements, criminal background checks, building and fire code requirements, caregiver and resident rights requirements and CPR certification.
But there has been a growing number of reports about unlicensed homes caring for up to 20 people with no state oversight. They are skirting the law by having the residents sign agreements as renters instead of clients receiving health care services, according to lawmakers and licensed care home operators.
鈥淚t鈥檚 important that everyone is under scrutiny and regulated,鈥 said Kathy Wyatt, who runs an adult day care center in Aiea.
Inspectors have been denied entry into some of the unlicensed homes. Ridley said he has grown increasingly worried about the potential for harm to the residents, since the caregivers are not subject to the traditional regulations.
鈥淚t鈥檚 probably the most important consumer protection bill that we have before us this 2018 legislative session,鈥 said Rep. John Mizuno, who chairs the Health and Human Services Committee and organized the two-hour briefing for lawmakers Wednesday at the Capitol. It was at least the second such briefing this session.
鈥淚s it perfect right now? Maybe not. We鈥檒l look at what we can do in conference,鈥 Mizuno said, referring to the joint House-Senate committee negotiations that start next week.
It鈥檚 one of the last bills related to the elderly that is still alive this session, he said, adding that the overall state budget bill will serve as the vehicle to fund other kupuna programs.
鈥淚f this bill doesn鈥檛 pass it will send a strong message that it鈥檚 OK to be unlicensed,鈥 said Agnes Reyes, who heads a case management group based in Waipahu.
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