HB77

SECTION 1. The legislature finds that providing health care to the State's residents is critical and providing health care education is a growing and necessary service in Hawaii today. The John A. Burns school of medicine at the University of Hawaii is particularly well-equipped and capable to furnish the expertise needed to ensure that health care providers are well-trained and equipped to handle the present and future needs of our residents.

The purpose of this Act is to remove Leahi hospital from the Hawaii health systems corporation and establish the hospital within the John A. Burns school of medicine at the University of Hawaii. The legislature finds that the establishment of Leahi hospital within the University of Hawaii is a matter of statewide concern, and does not constitute an intrusion into the exclusive jurisdictional powers of the board of regents of the University of Hawaii.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A- Leahi hospital; established. There is established Leahi hospital within the John A. Burns school of medicine at the University of Hawaii, under the direction of a director who shall be appointed by the dean of the school of medicine, with the approval of the board of regents. Subject to the availability of funds, faculty, and facilities, Leahi hospital shall offer any courses of study that may be deemed appropriate and authorized by the board of regents. The hospital shall cooperate with other public and private entities and persons to promote and develop a professional medical workforce and to improve and enhance the State's health care base through education and training. Leahi hospital may:

(1) Continue providing medical services currently provided to the community as deemed appropriate by the school of medicine;

(2) Conduct and participate in medical and technical education and training for entry-level and higher-qualified students of the school of medicine and others, but shall not be limited to these students;

(3) Provide facilities for medical and technical training for students of Kapiolani community college, but shall not be limited to these students;

(4) Conduct and promote research, conferences, and studies to improve the health care education process and laws, policies, methods, rules, procedures, and forms relating to health care; and

(5) Report on and make recommendations regarding goals, guidelines, innovations, and evaluations of state and county government health care initiatives."

SECTION 3. Section 323F-1, Hawaii Revised Statutes, is amended by amending the definition of "health facility" to read as follows:

""Health facility" means any one of the facilities that constitute the division of community hospitals[.], excluding Leahi hospital."

SECTION 4. All rights, powers, functions, and duties of Leahi hospital are transferred to the John A. Burns school of medicine at the University of Hawaii.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by Leahi hospital relating to the functions transferred to the John A. Burns school of medicine at the University of Hawaii shall be transferred with the functions to which they relate.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	77
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII