Section 11-100.1-3 - Licensing(a) No person, group of persons, or entity shall operate an ARCH or expanded ARCH without a license previously obtained under and in compliance with this chapter and chapter 321, HRS. (1) Any person, group of persons, or entity desiring to operate an ARCH or expanded ARCH shall apply to the department for a license on forms furnished by the department. The department shall issue a license if the applicant and home meet the requirements in this chapter;(2) A license, when granted, shall be in force for one year, or such other interval of time as may be determined by the department and shall expire at the end of that time unless renewed or extended by the department;(3) Each license shall be issued to a person, group of persons, or entity by name, for a specific physical facility; any change in licensee requires that the department be notified in order for the department to make a determination as to whether or not a new license shall be issued. The license shall not be transferred under any circumstances. A separate license must be secured for each ARCH or expanded ARCH by submitting an application and obtaining department approval;(4) The license issued by the department shall be posted in a conspicuous place visible to the public, on the premises of the ARCH or expanded ARCH;(5) No more than three day care clients shall be allowed in an ARCH or expanded ARCH at any given time as set forth in chapter 17-1424, Hawaii Administrative Rules;(6) Each ARCH or expanded ARCH must have a primary care giver who is present at the ARCH at all times, unless the primary care giver has secured a substitute care giver to temporarily provide care to the ARCH or expanded ARCH residents;(7) The primary care giver shall not have activities outside of the ARCH or expanded ARCH, or other responsibilities sufficiently demanding of his/her time and energy that they would interfere with the proper and adequate care of the residents; and(8) In the event that the primary care giver will be unable to perform his/her duties under this chapter due to his/her anticipated departure from the ARCH or expanded ARCH, the licensee shall ensure that a person qualified under section 11-100.1-8 assumes the duties of the primary care giver prior to the primary care giver's departure from the ARCH or expanded ARCH. The department shall be notified of the change in primary care giver prior to the departure.(b) Application. (1) In order to obtain a license, the applicant shall apply to the director upon forms provided by the department and shall provide any information required by the department to demonstrate that the applicant and the ARCH or expanded ARCH have met all of the requirements of this chapter. The following shall accompany the application: (A) Documented compliance with current county building and zoning codes;(B) Documented compliance with current fire code requirements;(C) Documented clearance by sanitation branch of the department of health;(D) Documented clearance by wastewater branch of the department of health;(E) Building plans indicating accurate measurements to scale of the entire home;(F) A written approval to operate an ARCH or expanded ARCH from the owner of the property if the home is rented, leased or on leased land;(G) Disclosure of ownership or control of the ARCH or expanded ARCH, and a projected annual budget showing the ARCH'S or expanded ARCH'S expected income and expenditures based on an estimated sixty percent occupancy rate. The financial resources of the owner shall be sufficient to operate the ARCH or expanded ARCH according to standards set forth in this chapter. The owner shall provide upon request evidence as deemed necessary by the licensing agency to establish that fact;(H) Current written policies covering the ARCH'S or expanded ARCH'S proposed staffing, visiting hours, emergency plans, access to records, and any other written policies required by this chapter for the type of residents proposed to be admitted;(I) Documented evidence stating that the licensee, primary care giver, family-members living in the ARCH or expanded ARCH that have access to the ARCH or expanded ARCH, and substitute care givers have no prior felony or abuse convictions in a court of law;(J) Such other information as the department may reasonably require for the purposes of this chapter.(2) Maximum time period for processing of a complete license application: (A) The department shall grant or deny an application and inform the applicant of its decision within sixty days of receipt of a complete application. Applications which do not provide all requirements specified in section 11-100.1-3(b)(1) shall be deemed incomplete and returned to the applicant;(B) If the department does not grant a license or deny an application within sixty days of receipt of the complete application, the application for issuance of a license will be deemed approved on the sixty first day. After the expiration of the sixty days, the department shall issue the license within a month;(C) Notwithstanding the requirements of paragraph (A), the maximum period of time of sixty days shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or the department from fulfilling application or review requirements in a timely manner;(c) Denial of licensure. An application for an ARCH or expanded ARCH license may be denied for reasons which include but are not limited to the following: (1) Failure of the applicant to comply with this chapter or chapter 321, HRS;(2) Failure of the applicant to provide evidence of and possess financial capability to operate the ARCH or expanded ARCH pursuant to this chapter;(3) Fraudulent representation or misrepresentation of facts by the applicant; and(4) Failure of the applicant to provide a satisfactory work history of patient care that would include confirmation that the applicant never abused, neglected or exploited a resident.(d) Closure. (1) The licensee shall notify the department in writing at least thirty days prior to an intended closure of an ARCH or expanded ARCH;(2) The licensee shall notify all residents, guardians, and other responsible agencies, at least thirty days prior to an intended closure of an ARCH or expanded ARCH; and(3) All residents shall be transferred to appropriate licensed facilities prior to closure.(e) Inspections. (1) All ARCHs and expanded ARCHs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct unannounced visits, other than the inspection for relicensing, to every licensed adult residential care home and expanded adult residential care home on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident. Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints of suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Inspections for relicensing may be conducted annually or at intervals determined by the department during regular business hours. Inspections for relicensing shall be conducted with notice, unless otherwise determined by the department.(2) Following an annual inspection, a list of deficiencies, if any, shall be given to the licensee or primary care giver of the ARCH or expanded ARCH. The licensee or primary care giver of the ARCH or expanded ARCH shall return a plan of correction for the deficiencies cited within ten working days. An acceptable plan for correcting deficiencies shall include the time frame for correction and the preventive measures that will be instituted to ensure compliance with this chapter; and(3) The department may refuse to renew a license if cited deficiencies are not corrected as per the plan of correction; or a provisional license may be issued for a specified period of time at the discretion of the department for the purpose of giving additional time for correction of deficiencies. Not more than two successive provisional licenses shall be issued to a specific ARCH or expanded ARCH.Haw. Code R. § 11-100.1-3
[Eff SEP 18 2006] (Auth: HRS § 91-13.5, §§ 321-9, 321-10, 321-11, 321-15.6, 321-15.62, Act 202, SLH 2003) (Imp: HRS §§ 91-14, 91-15, 321-4, 321-10, 321-11, 321-15.6)