Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 700 - HOME CARE AGENCIES
Section 11-700-4 - License

(a) It is unlawful for any person to maintain, operate, or permit to maintain or operate a home care agency, unless the home care agency is licensed by the director.

(b) Any person, organization, or corporation desiring to operate a home care agency shall submit an application to the director for a license on forms provided by the department. The application shall identify the name of the agency, the street address of the agency, the geographic service area, the name or names of the owner or owners, the name or names of members of the governing body, the name and qualifications of the administrator, the name and qualifications of the supervisor, scope of services to be offered, policies and procedures relating to the administration of the agency's business and relating to the conduct of providing home care agency services to clients, background check results on owners, management, and staff, and any other information required by the department to determine the suitability of the agency to be licensed.

(c) The director shall issue a license if the proposed home care agency meets the requirements of this chapter.

(d) A license, unless sooner suspended or revoked, shall be valid for two years from the date it is originally issued, or within thirty days thereafter. A home care agency shall apply for renewal of a license at least thirty days prior to the expiration date of the license. If an application for renewal is not timely filed, the license shall automatically expire.

(e) Each license shall be issued only for the home care agency named in the application and shall not be transferable or assignable to any other agency.

(f) A home care agency shall post the license issued by the director in a conspicuous place on the premises of the home care agency.

(g) A home care agency shall notify each client concerned, or the client's responsible party, or both, at least thirty days prior to the expiration of its license, the voluntary surrender of its license, or as directed under any order of revocation or suspension of license by the department. The license shall be promptly surrendered to the department when revoked or suspended, or when the home care agency terminates services.

(h) Authorized staff of the department may make unannounced inspection visits to a home care agency at any time.

(i) A nonprofit entity that solely provides homemaker services, where ninety per cent or more of its staff is comprised of volunteers, shall be exempt from these licensing requirements.