Haw. Code R. § 11-93-3

Current through April, 2024
Section 11-93-3 - Licensing
(a) The facility shall meet all requirements for licensure under state law. All hospitals shall be licensed except those operated by the federal government or agency thereof. The proprietor, the governing body, or the person in charge shall formally apply in writing to the director, and the facility shall be licensed pursuant to this chapter prior to admitting patients.
(b) The director or a designated representative shall inspect each hospital unannounced at least annually for relicensing. Any designated representative of the director may enter the premises at any time to secure compliance with or to prevent a violation of this chapter.
(c) Summary reports of annual licensing inspections shall be kept on file in the facility.
(d) The director shall prescribe the content and form of the license and may authorize a waiver or waivers for a particular facility.
(e) In the event of a change of name, location, ownership, change in the number of beds, or level of services, the director shall be notified fifteen days prior to the change; an inspection shall be conducted at the discretion of the director, and if qualified, a new license issued.
(f) If a facility is not qualified to receive a regular twelve month license, the director may issue a provisional license for a period of up to twelve months if the director is satisfied that the health and welfare of the patients and personnel are not endangered and preparations are being made to meet the requirements. Provisional licenses may be issued for only two consecutive periods. A provisional license shall carry with it the same requirements and responsibilities as a regular license except that the provisional license is for a specified period which may be less than twelve months.
(g) Every regular license shall continue in force for a period of one year unless otherwise specified, or unless it is suspended or revoked.
(h) Following the annual inspection, facilities may be allowed a reasonable time to implement a department-approved plan of correction. A follow-up survey shall may be made by the department to determine the progress in the plan of correction.
(i) The current license shall be posted in a place within the facility visible to the public.
(j) The director may deny, suspend, or revoke 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 patients and employees.
(k) Infractions which may require invoking of penalties under chapter 321, HRS, include, but are not limited to:
(1) Operation of a hospital without a license granted by the department.
(2) Violations of the provisions of this chapter which have been found as a result of routine or unannounced inspections of a hospital which has a license.
(l) Any person or organization affected by the director's decision of denial, suspension, or revocation of a license may appeal the decision in accordance with chapter 91, HRS.

Haw. Code R. § 11-93-3

[Eff. 3/3/86; am AUG 3, 1992] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)