Haw. Code R. § 11-99-52 - Licensing

(a) The facility shall meet all requirements for licensure under state law. All large intermediate care facilities for the mentally retarded defined pursuant to this chapter shall be licensed except those operated by the federal government or agency thereof. The proprietor, the governing body, or the person in charge shall file an application with the director on forms furnished by the department, and the facility shall be licensed pursuant to this chapter prior to admitting residents.

(b) The director or a designated representative shall inspect each large intermediate care facility for the mentally retarded at least annually for relicensing.

(c) Summary reports of annual licensing inspections shall be kept on file in the facility.

(d) Following annual inspection, facilities shall be allowed a reasonable time to implement an apropriate plan of correction. However, a plan of correction shall be filed with the department within ten days of reception of the list of deficiencies found during the inspection. A follow-up survey shall be made by the department to determine the progress in the plan of correction. If there has not been substantial progress in carrying out the plan of correction, the application for renewal of a license shall be rejected, except a provisional license may be issued at the discretion of the director.

(e) Any designated representative of the director may enter the premises at any reasonable time to secure compliance with or to prevent a violation of this chapter; or to investigate a complaint against the facility.

(f) Failure to correct any deficiencies found at an inspection within a reasonable time shall be considered sufficient grounds for revocation of a license.

(g) The director shall prescribe the content and form of the license.

(h) In the event of a change of name, location, ownership, or occupancy, the director shall be notified fifteen days prior to the change; an inspection, at the discretion of the director, shall be conducted and, if satisfactory, a new license issued.

(i) Every regular license shall continue in force for a period of one year unless otherwise specified, or unless it is suspended or revoked. At least one month prior to expiration of a license, the facility shall apply to the department for renewal of the license.

(j) The current license shall be posted in a conspicuous place visible to the public, within the facility.

(k) The director, after opportunity for a hearing pursuant to chapter 91, HRS, may suspend, revoke, or refuse to issue a license for failure to comply with the requirements of this chapter, or for any cause deemed a hazard to the health and safety of the residents or employees. Any person affected by the director's final decision of denial, suspension, or revocation may appeal in accordance with the law.

(l) An application for a license may be denied for any of the following reasons:

(1) Failure to meet the standards prescribed by the department.

(2) Financial inability to operate and conduct the facility in accordance with these required minimum standards and rules.

(m) Penalties, hearing and appeals. In addition to any other appropriate action to enforce these rules, the director may initiate procedures for invoking fines as provided in § 321-18, HRS, or to withdraw the license after opportunity for hearings pursuant to chapter 91, HRS.

(1) Infractions which may require invoking the above procedures include, but are not limited to:

(A) Operation of a large intermediate care facility for the mentally retarded without a license granted by the department.

(B) If substantive violations of this chapter are found as a result of routine or unannounced inspection of a facility which has a license.

(2) Any person affected by the director's final decision of denial, suspension, or revocation may appeal in accordance with law.

(n) If a facility has a license revoked, suspended, or denied, a reapplication for a license shall not be considered until two years later after the effective date of the invocation, suspension, or denial.

(o) Appropriate fees, if any, as determined by the director, shall be charged by the department for obtaining a new license or obtaining a license renewal. Prior notice of the amount of the fee shall be provided the licensee.

Notes

Haw. Code R. § 11-99-52

[Eff. APR 29, 1985] (Auth: HRS §§ 321-9, 321-10, 321-11, 333-53) (Imp: HRS §§ 333-51, 333-53, 333-54)