§321-14.8  Home care agencies; licensing.  (a)  Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients.

     (b)  The department of health shall adopt interim rules, which shall be exempt from chapters 91 and 201M, to effectuate the licensure of home care agencies; provided that the interim rules shall remain in effect until the sooner of October 1, 2018, or the adoption of rules pursuant to chapters 91 and 201M to:

     (1)  Protect the health, safety, and civil rights of clients of home care agencies; and

     (2)  Provide for the licensure of home care agencies.

     (c)  A service provider agency shall be exempt from the licensing requirement of this section when services are provided:

     (1)  Under contract for services with the city and county of Honolulu, elderly affairs division; or

     (2)  Exclusively to participants in the medicaid home and community based services waiver, pursuant to section 1915(c) of the Social Security Act, by an agency approved by the department of human services med-QUEST division.

     (d)  For purposes of this section:

     "Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services to clients in the client's residence.  The term "home care agency" does not apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.

     "Home care services" include but are not limited to:

     (1)  Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;

     (2)  Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and

     (3)  Respite care and assistance and support provided to the family. [L Sp 2009, c 21, §§2, 8; am L 2014, c 125, §2; am L 2018, c 148, §2; am L 2019, c 91, §2 and c 158, §2]

Note

  Department of health to request funding for the permanent position that facilitates the licensing of home care agencies as part of its annual budget request, beginning with fiscal year 2015-2016.  L 2014, c 125, §4.