Haw. Code R. § 11-800-14 - Corrective action and sanctions

(a) When the department determines that a case management agency or home has failed or is unable to comply with all of the applicable requirements of this chapter, the department shall notify the case management agency or home in writing of the specific areas of noncompliance and may do one or more of the following:

(1) Establish a specific time frame for the correction of each area of noncompliance;

(2) Require submission of a written corrective action plan from the case management agency or home that addresses each area of noncompliance; or

(3) Suspend the admission of new clients by the case management agency or home.

(b) When the identified areas of noncompliance are not corrected within the time specified in an accepted plan of correction, the department may do one or more of the following:

(1) Require the transfer of clients to another case management agency or residential care facility;

(2) Revoke the license or certificate; or

(3) Levy a fine as provided in section 11-800-3.

(c) A license or certificate shall be immediately revoked when there is noncompliance, as determined by the department, which poses an imminent and serious risk to the life, health, safety, or welfare of a client.

(d) Upon revocation of a license or certificate:

(1) A case management agency shall:

(A) Immediately notify its clients and the residential care facilities in which the clients are provided services of the suspension or revocation;

(B) Cease providing case management services immediately after existing clients have been:

(i) Discharged from the program;

(ii) Transferred to another case management agency;

(iii) Hospitalized; or

(iv) Placed in a nursing facility;

(2) A home shall:

(A) Immediately notify its clients or the clients' legal representatives, and the clients' case managers of the suspension or revocation; and

(B) Comply with appropriate provisions of section 11-800-43.

(e) A revoked license or certificate may be reinstated if the department deems that the case management agency or the home is willing and able to comply with applicable licensing or certification requirements only when a new application for a license or certificate is submitted to the department and the application is approved.

(f) An appeal of the department's actions shall not stay the suspension or revocation of the license or certificate.

Notes

Haw. Code R. § 11-800-14

[Eff 11/13/2018] (Auth: HRS §§ 321-18, 321-20, 321-481 to 321-483, 321-485, 346-14) (Imp: HRS §§ 321-481 to 321-483, 321-485, 346-14)