Haw. Code R. § 11-94.2-6 - Licensing
(a) No person or group of persons may operate
a nursing facility unless the facility is licensed by the department.
(b) All nursing facilities shall be licensed
pursuant to this chapter and meet all requirements for licensure under state
law prior to admitting any residents, except those operated by the federal
government or agency thereof.
(c)
The department may accept accreditation by the Joint Commission or other
nationally recognized accreditation or certification organizations including,
but not limited to, the U.S. Centers for Medicare and Medicaid Services, as
demonstrating a facility's compliance with all relicensing inspections required
by the department.
(d) The
department shall inspect each nursing facility at least annually, or at a time
interval as determined by the department for relicensing. The department,
without prior notice, may enter the premises at any time to secure compliance
with or to prevent a violation of this chapter.
(e) The department may exempt a facility from
a relicensing inspection when the facility is accredited or certified in
accordance with this section under the following conditions:
(1) The facility provides a certified copy of
the facility's official accreditation or certification report to the
department;
(2) The facility
continuously holds full accreditation or certification by the accreditation or
certification organization; and
(3)
The facility holds a current and valid state license.
(f) The most current licensing statement of
deficiencies and plan of correction shall be kept on file in the facility, and
the facility shall:
(1) Make the statement of
deficiencies and plan of correction available for examination in a place
readily accessible to residents; and
(2) Post a notice of the availability of the
statement of deficiencies and plan of correction.
(g) All facilities shall not discriminate
against any individual as per all federal and state civil rights and
anti-discrimination regulations. Should the facility not be able to provide
care and services to individuals based on their age, i.e., infants and youth,
or specific disability, the facility will need to indicate so in their policies
and procedures and by-laws.
(h) The
department shall prescribe the content and form of the license and may
authorize a waiver or waivers for a particular facility.
(i) In the event of a change of
administration, name, location, ownership, or the number and type of
operational beds, the facility shall notify the department fifteen days prior
to the change, an inspection at the discretion of the department shall be
conducted, and if the provisions of this chapter are met, a new license shall
be issued.
(j) Every regular
license shall continue in force for a period of one year unless otherwise
specified, or unless it is suspended or revoked.
(k) The current license shall be posted in a
conspicuous place visible to the public within the facility.
(l) A provisional license may be issued at
the discretion of the department to allow sufficient time for correction to
deficiencies cited.
(m) When a
facility intends to voluntarily close, the following shall apply:
(1) The licensee shall notify the department
in writing at least thirty days prior to an intended closure;
(2) All residents, legal guardians,
surrogates, and other responsible agencies shall be notified at least thirty
days prior to an intended closure;
(3) All residents shall be transferred to
appropriate licensed facilities prior to closure; and
(4) The licensee shall notify the department
that all residents have been transferred and provide a listing of residents'
names, name of facility transferred to, and date of transfer.
Notes
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