Bill > SB1438

This bill amends Hawaii's law regarding home care agencies by clarifying and expanding their licensing and service provisions. The bill requires home care agencies to be licensed by the Department of Health and specifies that they can only provide services within the scope of their facility license. A significant new provision prohibits home care agencies from providing medical services authorized under chapter 457 (such as nursing services) unless those services are performed by a registered nurse, licensed practical nurse, or advanced practice registered nurse. The bill also updates the definition of "home care agency" and specifies that these agencies can provide personal care services like assistance with dressing, feeding, personal hygiene, homemaker tasks like housekeeping and meal preparation, and respite care. The bill maintains existing exemptions for certain service providers, such as agencies contracted with the Honolulu Elderly Affairs Division or those providing Medicaid home and community-based services. Violations of these provisions will be subject to penalties and remedies outlined by the Department of Health. The act will take effect immediately upon approval.

Business and Industry, Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1438&year=2025