SB2222

Report Title:

Infectious Diseases; Use of Private Health Care Facilities

 

Description:

Allows the State to use private health care facilities for immunizations, quarantine, and other responses to infectious diseases when the resources of the department of health are inadequate or insufficient to protect the public health. Provides for reimbursement for services and limits liability.

 

 

THE SENATE	S.B. NO.	2222
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to infectious and communicable diseases.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§325- Use of private health care facilities; reimbursement; liability. (a) As used in this section:

"Department" means the department of health.

"Private health care facility" includes any private outpatient clinic, emergency room, or doctor's office, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The term includes private health care facilities that are commonly referred to as hospitals, extended care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate care facilities, hospices for the terminally ill that require licensure or certification by the department of health, kidney disease treatment centers including freestanding hemodialysis units, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, home health agencies, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.

(b) Notwithstanding any law to the contrary, whenever the director of health determines that the resources of the department are inadequate or insufficient to protect the public health involving persons who are affected with any infectious, communicable, or other disease that is dangerous to the public health and safety, the department may require one or more private health care facilities to provide the following assistance:

(1) Quarantine or segregate persons who are affected with any infectious, communicable, or other disease or condition that is dangerous to the public health and safety, or persons who are the source of contamination;

(2) Care and treat affected persons;

(3) Furnish medicine, medical supplies, and related medical services as may be necessary;

(4) Immunize persons against disease and institute compulsory immunization programs; and

(5) Take such other measures as may be necessary to treat or abate the infectious, communicable, or other disease or condition that is dangerous to the public health and safety.

(c) Any private health care facility that has provided assistance to the department as provided in subsection (b) shall be reimbursed for the actual costs and expenses for services rendered by the facility.

(d) Except in cases of gross negligence or wilful misconduct, any private health care facility, including the personnel of that facility that are acting in response to a request for assistance under subsection (b), shall not be liable, either civilly or criminally, for the death of or injury to persons, or for damage to property, as a result of any act or omission performed in the course of rendering professional medical care.

(e) The department shall adopt rules pursuant to chapter 91 as may be necessary to implement this section.

(f) The powers granted to the department under this section shall be in addition to the powers exercised by the governor in a civil defense emergency period as provided in section 128-8(2)."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________