§11-96-3 - Licensing.

§11-96-3 Licensing.

(a) No person, firm, corporation, institution, association, organization, or any other entity, non-profit or for profit, may operate a freestanding adult day health center unless it is licensed by the department.

(b) Any person, firm, corporation, institution, association, organization, or any other entity, desiring to operate a freestanding adult day health center shall apply to the department for a license on forms prescribed by the department.

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

(d) The department shall issue a license if the proposed facility meets all of the requirements under this chapter and all of the requirements for licensure under state and county laws, including but not limited to, the certificate of need law, and fire, zoning, and building codes. The director, in his discretion, may authorize a waiver from a particular rule of this chapter provided that the health and safety of the clients would not be affected. The applicant shall be responsible for securing written evidence of compliance with the state and county laws.

(e) A license, when granted, shall be effective for one year, or a shorter duration of time as may be decided by the director, unless it is suspended or revoked by the department.

(f) If written application for renewal of a license is not filed with the department before the expiration of the license, the license shall automatically expire as of the expiration date specified on the license.

(g) Each license shall be issued to a person, group of persons, firm, corporation, institution, association, organization, or other entities, by name and by the address of a specific physical facility.

The license may not be transferred from one licensee, or from one physical location, to another.

(h) A provisional license may be issued for a specified period of time at the discretion of the department for the purpose of giving a center additional time to correct deficiencies, or comply with regulations. Not more than two consecutive provisional licenses may be issued to a center.

(i) The director or his authorized representative shall inspect each licensed freestanding adult day health center at least once annually. Notice of the approximate time for the annual inspection visits may be given to the center. In addition to annual inspection visits, the director or his authorized representative, without prior notice, may enter the center at any reasonable time for the purposes of confirming correction of deficiencies, or investigation of complaints, or both.

(j) Following the annual inspection, a list of deficiencies, if any, shall be presented to the facility. The facility shall return a plan of correction of the deficiencies to the department within ten days. Facilities shall be allowed a reasonable time to implement the plan of correction. 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 license shall not be renewed.

(k) The director 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 clients, employees, or the general public. Any person, firm, corporation, institution, association, or organization, or other entity affected by the director's final decision of denial, suspension, or revocation may appeal in accordance with chapter 91, Hawaii Revised Statutes.

(l) Penalties, hearings and appeals. In addition to any other appropriate action to enforce this chapter, the director may initiate procedures for invoking fines as provided in §321-20, Hawaii Revised Statutes, and to withdraw the license after hearings held in accordance with chapter 91, Hawaii Revised Statutes.

(m) All centers shall post its current license in a conspicuous place at the center.

(n) No center licensed under the provisions of this chapter may deny admission to any individual on account of race, religion, sex, ancestry, or national origin.

(o) All centers shall keep reports of all annual licensing inspections at the center.

        [Eff ] (Auth: HRS §321-11) (Imp: HRS §321-11)

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