S.B. 1438 Summary

• Removes interim rulemaking exemptions and requires the Department of Health to adopt permanent rules pursuant to chapters 91 and 201M for licensing and regulating home care agencies.

• Adds clarification that service provider agencies are exempt from licensing when contracted by the City and County of Honolulu's elderly affairs division of the department of community services.

• Prohibits home care agencies from providing services outside the scope of their facility license, and restricts nursing services (authorized by chapter 457) to registered nurses, licensed practical nurses, or advanced practice registered nurses.

• Establishes that violations of these provisions are subject to penalties and remedies provided in the chapter and departmental rules.

• Defines "home care agency" to exclude individuals (including incorporated individuals) and unpaid or stipended volunteers.