Hawaii Revised Statutes 323d. Health Planning and Resources Development and Health Care Cost Control

PART I. GENERAL PROVISIONS

• 323d-1 Purpose.
  The purpose of this chapter is to establish a health planning and resources development program to promote accessibility for all the people of the...
• 323d-2 Definitions
  . As used in this chapter: "Applicant" means any person who applies for a certificate of need under part V. "Assisted living facility" means a...

PART II. STATE HEALTH PLANNING AND
DEVELOPMENT PROGRAM

• 323d-11 State Health Planning and Development Agency.
  There is established within the department of health for administrative purposes only, the state health planning and development agency. The state agency shall be...
• 323d-12 Health Planning and Development Functions; State Agency.
  (a) The state agency shall: (1) Have as a principal function the responsibility for promoting accessibility for all the people of the State to...
• 323d-12.5 Repealed.
  L 1984, c 267, §15.
• 323d-12.6 State Health Planning and Development Special Fund; Created; Deposits; Expenditures; Fees.
  (a) There is established within the state treasury, to be administered by the state health planning and development agency, the state health planning and...
• 323d-13 Statewide Health Coordinating Council.
  (a) There is established a statewide health coordinating council which shall be advisory to the state agency and the membership of which as appointed...
• 323d-13.5 Disqualification From Position or Membership.
  The chairpersons of the statewide council, the subarea health planning councils and the review panel, shall not be employed by or married to health...
• 323d-14 Functions; Statewide Health Coordinating Council.
  The statewide council shall: (1) Prepare and revise as necessary the state health services and facilities plan; (2) Advise the state agency on actions...
• 323d-15 State Health Services and Facilities Plan.
  There shall be a state health services and facilities plan which shall address the health care needs of the State, including inpatient care, health...
• 323d-16 Repealed.
  L 1997, c 336, §14.
• 323d-17 Public Hearings Required.
  In the preparation of the state health services and facilities plan or amendments to the state health services and facilities plan, the state agency...
• 323d-18 Information Required of Providers.
  Providers of health care doing business in the State shall submit such statistical and other reports of information related to health and health care...
• 323d-18.5 Information From Providers of Health Insurance.
  The state agency may request providers of health insurance doing business in the State to submit to the state agency available statistical, financial, and...
• 323d-18.6 Confidentiality of Information.
  The state agency may adopt rules in accordance with chapter 91 to provide that information submitted to the state agency by providers of health...

PART III. SUBAREA HEALTH PLANNING COUNCILS

• 323d-21 Subarea Health Planning Councils, Established.
  There are established, subarea health planning councils for geographical areas which shall be designated by the state agency in consultation with the statewide council....
• 323d-22 Subarea Health Planning Councils, Functions, Quorum and Number of Members Necessary to Take Valid Action.
  (a) Each subarea health planning council shall review, seek public input, and make recommendations relating to health planning for the geographical subarea it serves....
• 323d-23 [Old] Repealed.
  L 1977, c 178, §3. §323D-23 Subarea health planning councils, composition, appointment. Members of subarea health planning councils shall be appointed by the governor,...
• 323d-24 to 27 Repealed.
  L 1977, c 178, §3.

PART IV. STATE MEDICAL FACILITIES--REPEALED

• 323d-31 to 33 Repealed.
  L 1980, c 75, §10.

PART V. CERTIFICATE OF NEED

• 323d-41 Repealed.
  Part redesignated by L 1976, c 152, §2. §323D-41 REPEALED. L 1984, c 267, §16.
• 323d-42 Review Panel.
  Part redesignated by L 1976, c 152, §2. §323D-42 Review panel. There is established a review panel for the purposes of reviewing applications for...
• 323d-43 Certificates of Need.
  Part redesignated by L 1976, c 152, §2. §323D-43 Certificates of need. (a) No person, public or private, nonprofit or for profit, shall: (1)...
• 323d-44 Applications for Certificates of Need.
  Part redesignated by L 1976, c 152, §2. §323D-44 Applications for certificates of need. (a) An applicant for a certificate of need shall file...
• 323d-44.5 Administrative Review of Certain Applications for Certificate of Need.
  Part redesignated by L 1976, c 152, §2. §323D-44.5 Administrative review of certain applications for certificate of need. The state agency shall adopt rules...
• 323d-44.6 Review of Certain Applications for Certificate of Need; Waiver.
  Part redesignated by L 1976, c 152, §2. [§323D-44.6] Review of certain applications for certificate of need; waiver. The subarea council, the review panel,...
• 323d-44.7 Monitoring of Approved Certificates of Need.
  Part redesignated by L 1976, c 152, §2. [§323D-44.7] Monitoring of approved certificates of need. The state agency may monitor implementation of approved certificates...
• 323d-45 Subarea Council, Review Panel, and Statewide Council Recommendations for Issuance or Denial of Certificates of Need.
  Part redesignated by L 1976, c 152, §2. §323D-45 Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of...
• 323d-45.1 Ex Parte Contacts Prohibited.
  Part redesignated by L 1976, c 152, §2. §323D-45.1 Ex parte contacts prohibited. (a) There shall be no ex parte contacts: (1) In the...
• 323d-45.2 Repealed.
  Part redesignated by L 1976, c 152, §2. §323D-45.2 REPEALED. L 1987, c 270, §15.
• 323d-45.3 Approval of Applications Required to Meet Safety, Licensure, or Accreditation Standards.
  Part redesignated by L 1976, c 152, §2. §323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards. (a) Notwithstanding section 323D-43,...
• 323d-46 Conditional Certification.
  Part redesignated by L 1976, c 152, §2. §323D-46 Conditional certification. The state agency shall provide by rules adopted in conformity with chapter 91...
• 323d-46.1 Repealed.
  Part redesignated by L 1976, c 152, §2. §323D-46.1 REPEALED. L 1984, c 267, §17.
• 323d-46.2 Withdrawal of a Certificate of Need.
  Part redesignated by L 1976, c 152, §2. §323D-46.2 Withdrawal of a certificate of need. (a) After the issuance of a certificate of need,...
• 323d-47 Request for Reconsideration.
  Part redesignated by L 1976, c 152, §2. §323D-47 Request for reconsideration. The state agency may provide by rules adopted in conformity with chapter...
• 323d-48 Judicial Review of State Agency Decisions.
  Part redesignated by L 1976, c 152, §2. §323D-48 Judicial review of state agency decisions. (a) If an application for a certificate of need...
• 323d-49 Certificates of Need; Licenses and Permits.
  Part redesignated by L 1976, c 152, §2. §323D-49 Certificates of need; licenses and permits. (a) No permit or license shall be issued by...
• 323d-50 Certificates of Need, Penalties.
  Part redesignated by L 1976, c 152, §2. §323D-50 Certificates of need, penalties. (a) Any person who violates any provision of this part, or...
• 323d-51 Injunctive Relief.
  Part redesignated by L 1976, c 152, §2. §323D-51 Injunctive relief. The state agency may, in the name of the people of the State...
• 323d-52 Letters of Intent.
  Part redesignated by L 1976, c 152, §2. §323D-52 Letters of intent. Persons proposing construction projects shall submit to the state agency letters of...
• 323d-53 Periodic Reports From Health Facilities.
  Part redesignated by L 1976, c 152, §2. §323D-53 Periodic reports from health facilities. Any health facility or business subject to regulation under this...
• 323d-54 Exemptions From Certificate of Need Requirements.
  Part redesignated by L 1976, c 152, §2. §323D-54 Exemptions from certificate of need requirements. Nothing in this part or rules with respect to...
• 323d-55 Repealed.
  Part redesignated by L 1976, c 152, §2. §323D-55 REPEALED. L 1987, c 270, §16.

PART VI. GENERAL ADMINISTRATION

• 323d-61 Personnel.
  Part redesignated by L 1976, c 152, §2. §323D-61 Personnel. The administrator of the state agency shall hire necessary personnel under chapter 76 to...
• 323d-62 Rules.
  Part redesignated by L 1976, c 152, §2. §323D-62 Rules. The state agency and the statewide health coordinating council may adopt necessary rules for...

PART VII. HOSPITAL ACQUISITION

• 323d-71 Definitions.
  For the purpose of this part, unless the context requires otherwise: "Acquisition" means any acquisition by a person or persons of an ownership or...
• 323d-72 Acquisition of Hospital.
  (a) No person shall engage in the acquisition of a hospital without first: (1) Applying for and receiving the approval of the agency; and...
• 323d-73 Notice; Procedures.
  (a) Within five working days after receipt of a complete application under section 323D-72, the agency shall give public notice of the application in...
• 323d-74 Hearings.
  (a) The agency, after consultation with the attorney general, shall, if appropriate, hold a public hearing during the course of review, which hearing may...
• 323d-75 Review; Decision; Rules.
  (a) The attorney general shall conduct its review of the application in accordance with the standards enumerated in section 323D-76. Within ninety days after...
• 323d-76 Acquisition in the Public Interest; Decision of Attorney General.
  If the attorney general determines that a review of the application is appropriate, the attorney general shall approve the application unless the attorney general finds...
• 323d-77 Acquisition; Decision by Agency.
  In making a decision whether to approve or disapprove an application, the agency shall consider: (1) Whether sufficient safeguards are included to ensure that...
• 323d-78 Revocation; Hearing.
  If the agency receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 323D-77, the agency...
• 323d-79 Public Interest.
  The attorney general shall have the authority to ensure compliance with commitments made pursuant to section 323D-77. [L 1998, c 257, pt of §1]
• 323d-80 License Renewal.
  No license to operate a hospital may be issued or renewed by the department of health pursuant to this chapter, and a license which...
• 323d-81 Prior Acquisitions.
  Any acquisition of a hospital before July 20, 1998 and any acquisition in which an application for a certificate of need has been granted...
• 323d-82 Maintenance of Services.
  A person who has acquired or is engaged in the acquisition of a hospital shall not substantially reduce or eliminate direct patient care services at...
• 323d-83 Statutory Authority.
  No provision of this part shall derogate from the common law or statutory authority of the attorney general. [L 1998, c 257, pt of

Last modified: October 27, 2016