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HAR 11-100.1

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Adult Residential Care Homes

Jurisdiction: HI Agency: Hawaii Department of Health
ALF (100%)
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This Hawaii regulation establishes minimum licensing standards for Adult Residential Care Homes (ARCH) and Expanded ARCHs, which provide 24-hour residential care to adults who need assistance with activities of daily living but do not require skilled nursing or acute care. It covers application and licensing procedures, operational policies, staffing and caregiver qualifications, resident rights, inspection requirements, waivers, and enforcement. Operators must obtain a license from the Hawaii Department of Health, maintain a qualified primary care giver on-site at all times, and comply with ongoing inspection and reporting requirements.

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Regulation text
DEPARTMENT OF HEALTH 
Repeal of Chapter 11-100, "Adult Residential Care Hornes" and 
11-101 "Extended Care Adult Residential Care Horne" 
and the 
Adoption of Chapter 11-100.1, "Adult Residential Care Homes", 
Hawaii Administrative Rules 
July 24, 2006 
Summary 
1. Chapter 11-100, Hawaii Administrative Rules, entitled 
"Adult Residential Care Homes", is repealed. 
2. Chapter 11-101, Hawaii Administrative Rules, entitled 
"Extended Care Adult Residential Care Horne", is repealed. 
3. Chapter 11-100.1, Hawaii Administrative Rules, entitled 
"Adult Residential Care Hornes", is adopted. 
,2 7 1 9 
HAWAII ADMINISTRATIVE RULES 
TITLE 11 
DEPARTMENT OF HEALTH 
CHAPTER 100.1 
ADULT RESIDENTIAL CARE HOMES 
Subchapter 1 General Requirements 
§11-100.1-1 
§11-100.1-2 
§11-100.1-3 
§11-100.1-4 
§11-100.1-5 
§11-100.1-6 
§11-100.1-7 
Purpose 
Definitions 
Licensing 
Waiver 
Existing category 3 facilities 
Licensing fees 
General operational policies 
Subchapter 2 Type I ARCH 
§11-100.1-8 
§11-100.1-9 
§11-100.1-10 
§11-100.1-11 
§11-100.1-12 
§11-100.1-13 
§11-100.1-14 
§11-100.1-15 
§11-100.1-16 
§11-100.1-17 
§11-100.1-18 
'§11-100 .1-19 
§11-100.1-20 
§11-100.1-21 
§11-100.1-22 
§11-100.1-23 
§§11-100.1-24 
Primary care giver qualifications 
Personnel, staffing and family 
requirements 
Admission policies 
Activities of daily living 
Emergency care of residents and disaster 
preparedness 
Nutrition 
Food sanitation 
Medications 
Personal care services 
Records and reports 
Recreational, rehabilitative programs, 
and social services 
Resident accounts 
Resident health care standards 
Residents' and primary care givers' 
rights and responsibilities 
Transfer and discharge of residents 
Physical environment 
to 11-100.1-50 Reserved 
Subchapter 3 Type II ARCH 
§11-100.1-51 
§11-100.1-52 
Applicability 
Primary care giver requirements 
100.1-1 
2 7 1 9 
§11-100.1-53 
§11-100.1-54 
§11-100.1-55 
§11-100.1-56 
§§11-100.1-57 
Personnel and staffing requirements 
General operating policies 
Nutrition and food sanitation 
Physical environment 
to 11-100.1-77 Reserved 
Subchapter 4 Expanded ARCH 
§11-100.1-78 
§11-100.1-79 
§11-100.1-80 
§11-100.1-81 
§11-100.1-82 
§11-100.1-83 
§11-100.1-84 
§11-100.1-85 
§11-100.1-86 
§11-100.1-87 
§11-100.1-88 
§11-100.1-89 
§11-100.1-90 
Applicability 
Purpose 
Licensing 
Minimum structural requirements 
Primary care giver requirements 
Personnel and staffing requirements 
Admission requirements 
Transfer and discharge of expanded ARCH 
residents 
Fire safety 
Personal care services 
Case management qualifications and 
services 
Medications 
Expanded ARCH resident's rights 
Subchapter 5 Professional Misconduct 
§11-100.1-91 Professional misconduct 
Subchapter 6 Administrative Enforcement 
§11-100.1-92 
§11-100.1-93 
§11-100.1-94 
§11-100.1-95 
§11-100.1-96 
Enforcement 
Emergency procedures 
Penalties 
Severability 
Transition 
'Historical Note: Chapter 11-100.1 is based 
substantially upon chapters 11-100 and 11-101. 
[Eff R SEP 182006 J 
100.1-2 
2 7 1 9 
§11-100.1-1 
Subchapter 1 
General Requirements 
§11-100.1-1 Purpose. This chapter establishes 
minimum standards and requirements for the licensure of 
adult residential care homes (ARCH) and expanded ARCHs 
in order to protect the health, safety, welfare and 
civil rights of the residents residing in the ARCH and 
expanded ARCH. Services shall be provided in a 
cooperative manner with the intent to promote the 
dignity and choice of the resident in a home-like 
environment. The rules are not intended to intrude on 
the privacy or infringe on the desire of individuals to 
provide care or services to another in their own home, 
but where such services are provided for a fee, the 
department reserves the right to ensure compliance with 
this chapter. [Eff si:-e lQ?QOn ] (Auth: HRS 
§§321-9, 321-10, 321-11, Y21-!5.62) (Imp: HRS §§321-10, 
321-11, 321-15.6) 
§11-100.1-2 Definitions. As used in this 
chapter: 
"Abuse" means the willful infliction of injury, 
unreasonable confinement, intimidation, or punishment 
with resulting physical harm or pain or mental anguish, 
or deprivation by an individual, including a caregiver, 
of goods or services that are necessary to attain or 
maintain physical, mental and psychosocial well-being. 
This presumes that instances of abuse of all residents, 
even those in a coma, cause physical harm, or pain or 
mental anguish. 
"Activities of daily living", or "ADL" means basic 
services required to be provided by the facility for 
benefit of residents in order to obtain and maintain a 
·license and shall include, but not be limited to, the 
following: personal care, shelter, protection, 
supervision, assistance, guidance or training, planned 
activities, food service, laundering of personal 
clothing, recognition of and provision for changes in 
health status, and arrangement for and transportation 
to medical and dental offices. 
"Adult residential care home", or "ARCH" means any 
facility providing twenty four hour living 
accommodations, for a fee, to adults unrelated to the 
family, who require at least minimal assistance in the 
activities of daily living, personal care services, 
100.1-3 
2 7 1 9 
§11-100.1-2 
protection, and health care services, but who do not 
need the professional health services of an 
intermediate, skilled nursing, or acute care facility. 
It does not include facilities operated by the federal 
government. There shall be two types of ARCHs: 
(1) Type I home for five or less residents; and 
(2) Type II home for six or more residents. 
"Advanced directive" means a written or oral 
declaration made by a competent adult, instructing his 
or her physician to provide, withhold, or withdraw 
life-sustaining procedures under certain conditions 
such as a terminal condition or where the resident has 
a permanent loss of ability to communicate with others 
due to irreversible brain injury or coma. (An advanced 
directive is often referred to as a living will.) 
"Advanced practice registered nurse", or "APRN" 
means a registered nurse who is licensed pursuant to 
chapter 457, HRS. 
"Ambulatory" means the ability to move on foot 
from place to place without human assistance. 
"ARCH resident" means a person unrelated to the 
primary care giver and licensee who resides in an ARCH. 
Individuals residing in an ARCH require minimal 
assistance in the activities of daily living, and do 
not need assistance from skilled, professional 
personnel on a regular long-term basis. 
"Assistive devices" means a physical or mechanical 
apparatus or equipment required by an individual for 
ambulation or mobility. 
"Cardiopulmonary resuscitation certification", or 
"CPR certification" means verification that an 
individual has satisfactorily completed a course 
provided by a nationally approved source that contains 
instruction and required participation in an emergency 
first aid procedure that consists of opening 
and maintaining a resident's airway, providing 
~rtificial ventilation by means of rescue breathing, 
and providing artificial circulation by means of 
external cardiac compression. 
"Care plan" means a written plan developed by the 
resident, resident"s family, legal guardian or 
surrogate, case manager, staff of the ARCH or expanded 
ARCH, and resident's physician or APRN that articulates 
the overall plan of care to be provided to the resident 
by the ARCH or expanded ARCH with the purpose of 
achieving the optimal level of function of the 
resident. 
"Case manager" (as it applies to an expanded ARCH) 
100.1-4 
2 7 1 9 
§11-100.1-2 
means an individual other than the licensee or staff of 
the expanded ARCH who is licensed in the state as a 
registered nurse or social worker and possesses the 
skills and knowledge required to deal with the long 
term care needs of the geriatric population. This 
individual shall have the ability to plan, locate, 
coordinate, and monitor comprehensive services to meet 
the individual resident's needs based on a 
comprehensive assessment of the resident. 
"Category 3 adult residential care home" means an 
ARCH which was established and licensed prior to 1986, 
and was providing only room and board services to 
individuals that did not require twenty four hour 
supervision and personal care services, and whose 
licensee does not meet requirements as set forth in 
section 11-100.1-8. 
"Chemical restraint" means a psychopharmacologic 
drug that is used for discipline or convenience and not 
required to treat medical symptoms. 
"Comprehensive assessment" means an evaluation 
which includes, but is not limited to, medically 
defined conditions and prior medical history, medical 
status measurement, physical and mental functional 
status, sensory and physical impairments, nutritional 
status and requirements, special treatments or 
procedures, mental psychosocial status, discharge 
potential, dental condition, activities potential, 
cognitive status and drug therapy. 
"Convenience" means any action taken by the 
licensee or care giver to control resident behavior or 
maintain residents with a lesser amount of effort by 
the licensee or care giver and not in the resident's 
best interest. 
"Day care client" means any person who does not 
reside in the ARCH or expanded ARCH and requires 
temporary supervision during the hours that the 
·person's care giver, outside of the ARCH or expanded 
ARCH, is unavailable. This person requires minimal 
assistance in the activities of daily living and does 
not need the professional health services of an 
intermediate, skilled nursing, or acute care facility. 
This person does not stay overnight in the ARCH or 
expanded ARCH but shall be characterized as a resident 
for purposes of an ARCH's or expanded ARCH's licensed 
capacity. 
"Department" means the department of health, State 
of Hawaii. 
"DHS" means the department of human services, 
100.1-5 
§11-100.1-2 
State of Hawaii. 
"Dietitian" means a person who is registered by 
the Commission on Dietetics Registration of the 
American Dietetic Association or is eligible for such 
registration. "Director" means the director of heal th, 
State of Hawaii or designee. 
"Discipline" means any action taken by the 
licensee or care giver for the purpose of punishing or 
penalizing residents. 
"Emergency" means an event or incident occurring 
while an ARCH or expanded ARCH resident is under the 
care of a primary care giver or ARCH or expanded ARCH 
licensee, whereby a resident experiences physical or 
mental changes which necessitate care or services which 
cannot be provided by the ARCH or expanded ARCH. 
"Expanded ARCH" means any facility providing 
twenty four hour living accommodations, for a fee, to 
adults unrelated to the family, who require at least 
minimal assistance in the activities of daily living, 
personal care services, protection, and health care 
services, and who may need the professional health 
services provided in an intermediate care facility or 
skilled nursing facility. There shall be two types of 
expanded ARCHs: 
(1) Type I home shall consist of five or less 
residents with no more than two nursing 
facility level residents; provided that more 
nursing facility level residents may be 
allowed at the discretion of the department; 
and 
(2) Type II home shall consist of six or more 
residents with no more than twenty per cent 
of the home's licensed capacity as nursing 
facility level residents, provided that more 
nursing facility level residents may be 
allowed at the discretion of the department; 
provided further that the department shall 
exercise its discretion for a resident 
presently residing in a Type I or Type II 
home to allow the resident to remain as an 
additional nursing facility resident based 
upon the best interest of the resident. The 
best interest of the resident shall be 
determined by the department after 
consultation with the resident, the 
resident's family, primary physician, case 
manager, primary care giver and home 
100.1-6 
2 7 1 9 
§11-100.1-2 
operator. 
"Expanded ARCH resident" means a person that meets 
the requirements of section 321-15.6l(a). 
"Fire Safety Evaluation System rating", or "FSES" 
means an assessment conducted by a Life Safety 
Consultant to ensure compliance with the prescriptive 
code requirements of the National Fire Protection 
Association (NFPA) 101 life safety codes. 
"First aid certification" means verification that 
an individual has successfully completed a course that 
provides instruction on basic first aid principles, 
including but not limited to rescue breathing 
procedures. 
"Fully ambulatory" means the ability to move on 
foot from place to place without the use of any 
mechanical device and/or human assistance. 
"Home health agency" means a licensed public or 
proprietary agency, a private nonprofit organization, 
or a subdivision of such agency or organization which 
is primarily engaged in providing direct or indirect 
skilled nursing services and other therapeutic services 
under a physician's direction to homebound patients on 
a part-time or intermittent basis (in a place used as 
the individual's home). A homebound patient is a 
person who, because of a condition due to illness or 
injury, has a restricted ability to leave the place of 
residence except with the aid of supportive devices 
including but not limited to, crutches, canes, 
wheelchairs, walkers, special transportation, or with 
the assistance of another person; or a person who has a 
condition which is such that leaving home is medically 
contraindicated. 
"Infection control" means procedures established 
for the identification, prevention and control of 
infections. 
"Interim care plan" means a care plan developed by 
·a registered nurse for an expanded ARCH resident within 
forty-eight hours of the expanded ARCH resident's 
admission to an expanded ARCH. The interim care plan 
shall identify the immediate needs of the expanded ARCH 
resident and shall be based on information, including 
but not limited to physician or APRN progress notes, 
the hospital discharge summary, and the emergency room 
discharge. The interim care plan shall provide 
sufficient information to the licensee or primary care 
giver and shall set forth a plan to meet the immediate 
needs of the resident until a comprehensive care plan 
can be developed within seven days of the expanded ARCH 
100.1-7 
2 7 1 9 
§11-100.1-2 
resident's admission to the expanded ARCH. 
"Intermediate care facility", or "ICF" means a 
facility which provides appropriate care to persons: 
(1) Referred by a physician; 
(2) Who need twenty four hour a day assistance 
with the activities of daily living; 
(3) Who need care provided by licensed nursing 
and paramedical personnel on a regular, long­
term basis; and 
(4) Who do not need twenty four hour a day 
skilled nursing care. 
"Licensee" means the person, group of persons, or 
entity that holds the license to operate an ARCH or 
expanded ARCH and who is responsible for the 
supervision of the ARCH or expanded ARCH and the 
residents therein. 
"Licensed capacity" means the number of residents 
and the type of residents permitted by the director, 
pursuant to these rules and chapter 321, HRS, in a 
particular ARCH or expanded ARCH, and so stated on the 
particular ARCH's or expanded ARCH'S license. 
"Licensed nurse" means a person who is either a 
licensed practical nurse or a registered professional 
nurse. 
"Licensed practical nurse", or "LPN" means a 
person who is licensed as a practical nurse pursuant to 
chapter 457, HRS. 
"Life safety consultant" means an individual who 
has experience in conducting fire or life safety 
inspections of facilities utilizing county and national 
fire codes and standards. 
·"Minimal assistance in activities of daily living" 
means the provision of services including but not 
limitetj to, stand-by assistance, set up, verbal cues or 
prompting, and visual supervision. 
"National Fire Protection Association", or "NFPA" 
-means the association that publishes the national fire 
codes. 
"Neglect" means failure to provide goods and 
services necessary to avoid physical harm, mental 
anguish or mental illness, with complete disregard for 
negative consequences or negative resident outcome 
which may arise. 
"Nurse aide" means a person who performs a variety 
of duties relating to patients and patient care under 
the supervision of a nurse, including but not limited 
to assisting patients in all activities of daily 
living. A nurse aide may also assist a nurse by 
100.1-8 
2 7 1 9 
§11-100.1-2 
changing bed linens, delivering messages, and 
sterilizing instruments, serving and collecting food 
trays, and helping patients get out of bed, bathe, and 
dress. 
"Nursing facility level of care" means the level 
of care provided at skilled nursing facilities or at 
intermediate care facilities. 
"Occupational therapist" means a person who is 
currently registered or eligible for registration by 
the American Occupational Therapy Association, and who 
meets the qualifications under chapter 457G, HRS. 
"Personal care services" means daily personal 
attention and care, including but not limited to skin, 
nails, hair, teeth, and oral hygiene in addition to any 
therapeutic regimen ordered by the resident's physician 
or APRN. 
"Physical restraint" means any manual method or 
physical or mechanical device, material, or equipment 
attached or adjacent to the resident's body that the 
individual cannot remove easily which restricts freedom 
of movement or normal access to one's body. 
"Physical therapist" means a person who is 
licensed as a physical therapist under chapter 461J, 
HRS. 
"Physician" means a person who is licensed to 
practice medicine or osteopathy under chapters 453 or 
460, HRS. 
"Plan of correction" means a plan developed by the 
licensee to address deficiencies in the operation of an 
ARCH or expanded ARCH as detected by the department 
pursuant to an inspection and/or complaint 
investigation that shall include preventive measures to 
ensure compliance with this chapter and chapter 321, 
HRS, and the time frame in which these corrections 
shall take place. 
"Primary care giver" means the licensee or the 
,individual designated as the primary care giver by the 
licensee pursuant to section 11-100.1-8. 
"Provisional licensure" means a temporary license 
issued by the department that allows the licensee 
additional time to correct deficiencies without putting 
the immediate health, welfare and safety of residents 
at risk. 
"Registered professional nurse" means a person who 
is licensed as a registered nurse under chapter 457, 
HRS. 
"Regular business hours" means the hours between 
7:45 a.m and 4:30 p.m., Monday to Friday, inclusive, 
100.1-9 
2 7 9 
§11-100.1-2 
except for state holidays. 
"Representative payee" means an individual who 
meets the requirements of the Social Security 
Administration to receive a Social Security payment on 
behalf of a resident of an ARCH or expanded ARCH 
pursuant to 42 U.S.C. §1605. 
"Resident of a category 3 ARCH" means a person 
unrelated to the primary care giver who resides in the 
category 3 ARCH, for a fee, and requires room and board 
which includes a place to sleep, the preparation of 
meals and laundering of personal clothing. These 
residents do not require assistance with activities of 
daily living, and when such care is required, the 
resident shall be transferred to an appropriate 
facility. 
"Responsible agency" means any public or private 
agency that has responsibility for the health, welfare, 
or financial support of the resident. 
"Self preservation" means the ability of an ARCH 
or expanded ARCH resident to ambulate without physical 
assistance, and the ability of the resident to follow 
directions and take appropriate action in exiting an 
ARCH or expanded ARCH in the, event of an emergency. 
"Skilled nursing" means care and services provided 
by a licensed nurse. 
"Skilled nursing facility", or "SNF" means a 
health facility which provides skilled nursing and 
related services to residents who require medical or 
nursing care, or rehabilitation services, including but 
not limited to physical therapy, occupational therapy 
and speech therapy services. 
"Social model of care" means the provision of care 
that promotes the individuality, dignity, choice, 
independence, and privacy of an ARCH or expanded ARCH 
resident in a home-like atmosphere and that provides 
·for the inclusion of the resident, the resident's 
family, and resident's surrogate in the development of 
the resident's schedule of activities and/or care plan 
and in all decision-making affecting the resident. 
"Social worker" means a person licensed as a 
social worker pursuant to chapter 467E, HRS. 
"Special diet" means a diet ordered by a physician 
or APRN that is prescribed as part of the medical 
nutrition therapy of an ARCH or expanded ARCH resident. 
"Specialized care" means any care that is 
identified in the care plan that requires training and 
monitoring by a registered nurse. 
100.1-10 
2 7 1 9 
§11-100.1-2 
"Staff" means a nurse aide[,] who works in a Type 
II ARCH, and performs a variety of duties for residents 
under the supervision of a registered nurse. 
"Standard precautions" means guidelines developed 
by the Center for Disease Control (CDC) which are 
designed to reduce the risk of transmission of blood 
borne and other pathogens from both recognized and 
unrecognized sources of infection, including 
recommendations to prevent cross contamination between 
residents. 
"Substitute care giver" means an adult who is 
authorized by the licensee or primary care giver to 
temporarily take charge of an ARCH or expanded ARCH 
while the licensee or primary care giver is absent and 
who possesses the requirements as specified in section 
ll-100.l-9(a) through (e) as applicable. 
"Surrogate" means an individual, other than an 
ARCH or expanded ARCH resident's agent or guardian, 
authorized under chapter 327E, HRS, to make a health­
care decision for the resident. 
"Type I ARCH" means a facility which is licensed 
for a capacity not to exceed five residents. 
"Type II ARCH" means a facility which is licensed 
for a capacity of six or more residents. 
"Tuberculosis clearance" means a negative 
tuberculin skin test or chest x-ray, which indicates 
freedom from any infectious or communicable disease. 
"Waiver" means an exemption to a rule. 
Whenever the singular is u~ \ng~OO{f chapter it 
can include the plural. [Eff ] (Auth: 
HRS § § 3 2 1- 9 , 3 2 1-10 , 3 2 1-11 , 3 2 1-13 , 3 21-15 . 6 , 3 2 1-
15.62) (Imp: HRS §§26-13, 321-9, 321-10, 321-11, 321-
15. 6) 
§11-100.1-3 Licensing. (a) No person, group of 
·persons, or entity shall operate an ARCH or expanded 
ARCH without a license previously obtained under and in 
compliance with this chapter and chapter 321, HRS. 
(1) Any person, group of persons, or entity 
desiring to operate an ARCH or expanded ARCH 
shall apply to the department for a license 
on forms furnished by the department. The 
department shall issue a license if the 
applicant and home meet the requirements in 
this chapter; 
100.1-11 
§ll-100.1-3 
(2) A license, when granted, shall be in force 
for one year, or such other interval of time 
as may be determined by the department and 
shall expire at the end of that time unless 
renewed or extended by the department; 
(3) Each license shall be issued to a person, 
group of persons, or entity by name, for a 
specific physical facility; any change in 
licensee requires that the department be 
notified in order for the department to make 
a determination as to whether or not a new 
license shall be issued. The license shall 
not be transferred under any circumstances. 
A separate license must be secured for each 
ARCH or expanded ARCH by submitting an 
application and obtaining department 
approval; 
(4) The license issued by the department shall be 
posted in a conspicuous place visible to the 
public, on the premises of the ARCH or 
expanded ARCH; 
(S) No more than three day care clients shall be 
allowed in an ARCH or expanded ARCH at any 
given time as set forth in chapter 17-1424, 
Hawaii Administrative Rules; 
(6) Each ARCH or expanded ARCH must have a 
primary care giver who is present at the ARCH 
at all times, unless the primary care giver 
has secured a substitute care giver to 
temporarily provide care to the ARCH or 
expanded ARCH residents; 
(7) The primary care giver shall not have 
activities outside of the ARCH or expanded 
ARCH, or other responsibilities sufficiently 
demanding of his/her time and energy that 
they would interfere with the proper and 
adequate care of the residents; and 
(8) In the event that the primary care giver will 
be unable to perform his/her duties under 
this chapter due to his/her anticipated 
departure from the ARCH or expanded ARCH, the 
licensee shall ensure that a person qualified 
under section 11-100.1-8 assumes the duties 
of the primary care giver prior to the 
primary care giver's departure from the ARCH 
or expanded ARCH. The department shall be 
notified of the change in primary care giver 
prior to the departure. 
100.1-12 
27 9 
§11-100.1-3 
(b) Application. 
(1) In order to obtain a license, the applicant 
shall apply to the director upon forms 
provided by the department and shall provide 
any information required by the department to 
demonstrate that the applicant and the ARCH 
or expanded ARCH have met all of the 
requirements of this chapter. The following 
shall accompany the application: 
(A) Documented compliance with current 
county building and zoning codes; 
(B) Documented compliance with current fire 
code requirements; 
(C) Documented clearance by sanitation 
branch of the department of health; 
(D) Documented clearance by wastewater 
branch of the department of health; 
(E) Building plans indicating accurate 
measurements to scale of the entire 
home; 
(F) A written approval to operate an ARCH or 
expanded ARCH from the owner of the 
property if the home is rented, leased 
or on leased land; 
(G) Disclosure of ownership or control of 
the ARCH or expanded ARCH, and a 
projected annual budget showing the 
ARCH'S or expanded ARCH'S expected 
income and expenditures based on an 
estimated sixty percent occupancy rate. 
The financial resources of the owner 
shall be sufficient to operate the ARCH 
or expanded ARCH according to standards 
set forth in this chapter. The owner 
shall provide upon request evidence as 
deemed necessary by the licensing agency 
to establish that fact; 
(H) Current written policies covering the 
ARCH'S or expanded ARCH'S proposed 
staffing, visiting hours, emergency 
plans, access to records, and any other 
written policies required by this 
chapter for the type of residents 
proposed to be admitted; 
100.1-13 
§11-100.1-3 
(I) Documented evidence stating that the 
licensee, primary care giver, family 
members living in the ARCH or expanded 
ARCH that have access to the ARCH or 
expanded ARCH, and substitute care 
givers have no prior felony or abuse 
convictions in a court of law; 
(J) Such other information as the department 
may reasonably require for the purposes 
of this chapter. 
(2) Maximum time period for processing of a 
complete license application: 
(A) The department shall grant or deny an 
application and inform the applicant of 
its decision within sixty days of 
receipt of a complete application. 
Applications which do not provide all 
requirements specified in section ll-
100.l-3(b)(l) shall be deemed 
incomplete and returned to the 
applicant; 
(B) If the department does not grant a 
license or deny an application within 
sixty days of receipt of the complete 
application, the application for 
issuance of a license will be deemed 
approved on the sixty first day. After 
the expiration of the sixty days, the 
department shall issue the license 
within a month; 
(C) Notwithstanding the requirements of 
paragraph (A), the maximum period of 
time of sixty days shall be extended 
indefinitely in the event of a national 
disaster, state emergency, or union 
strike, which would prevent the 
applicant, the agency, or the department 
from fulfilling application or review 
requirements in a timely manner; 
(c) Denial of licensure. An application for an 
ARCH or expanded ARCH license may be denied for reasons 
which include but are not limited to the following: 
(1) Failure of the applicant to comply with this 
chapter or chapter 321, HRS; 
(2) Failure of the applicant to provide evidence 
of and possess financial capability to 
operate the ARCH or expanded ARCH pursuant to 
this chapter; 
100.1-14 
2 7 
§11-100.1-3 
(3) Fraudulent representation or 
misrepresentation of facts by the applicant; 
and 
(4) Failure of the applicant to provide a 
satisfactory work history of patient care 
that would include confirmation that the 
applicant never abused, neglected or 
exploited a resident. 
(d) Closure. 
(1) The licensee shall notify the department in 
writing at least thirty days prior to an 
intended closure of an ARCH or expanded ARCH; 
(2) The licensee shall notify all residents, 
guardians, and other responsible agencies, at 
least thirty days prior to an intended 
closure of an ARCH or expanded ARCH; and 
(3) All residents shall be transferred to 
appropriate licensed facilities prior to 
closure. 
(e) Inspections. 
(1) All ARCHs and expanded ARCHs shall be 
licensed to ensure the health, safety, and 
welfare of the individuals placed therein. 
The department shall conduct unannounced 
visits, other than the inspection for 
relicensing, to every licensed adult 
residential care home and expanded adult 
residential care home on an annual basis and 
at such intervals as determined by the 
department to ensure the health, safety, and 
welfare of each resident. Unannounced visits 
may be conducted during or outside regular 
business hours. All inspections relating to 
follow-up visits, visits to confirm 
correction of deficiencies, or visits to 
investigate complaints of suspicion of abuse 
or neglect shall be conducted unannounced 
during or outside regular business hours. 
Inspections for relicensing may be conducted 
annually or at intervals determined by the 
department during regular business hours. 
Inspections for relicensing shall be 
conducted with notice, unless otherwise 
determined by the department. 
100.1-15 
2 -, Q 
§11-100.1-4 
(2) Following an annual inspection, a list of 
deficiencies, if any, shall be given to the 
licensee or primary care giver of the ARCH or 
expanded ARCH. The licensee or primary care 
giver of the ARCH or expanded ARCH shall 
return a plan of correction for the 
deficiencies cited within ten working days. 
An acceptable plan for correcting 
deficiencies shall include the time frame for 
correction and the preventive measures that 
will be instituted to ensure compliance with 
this chapter; and 
(3) The department may refuse to renew a license 
if cited deficiencies are not corrected as 
per the plan of correction; or a provisional 
license may be issued for a specified period 
of time at the discretion of the department 
for the purpose of giving additional time for 
correction of deficiencies. Not more than 
two successive provisional licenses shall be 
issuecJ,...,.w 
1
a
8
~~J;ific ARCH or expanded ARCH. 
[Eff :::>tr' LUUO ] (Auth: HRS §91-13.5, 
§§321-9, 321-10, 321-11, 321-15.6, 321-15.62, 
Act 202, SLH 2003) (Imp: HRS §§91-14, 91-15, 
321-4, 321-10, 321-11, 321-15.6) 
§11-100.1-4 Waiver. (a) Every request for a 
waiver shall be set forth in writing and submitted to 
the department for approval. The licensee shall submit 
sufficient information as set forth in subsection 
(d)(3), to enable the department to make a decision on 
the request for a waiver. 
(1) The department shall not act upon or consider 
any incomplete requests for waivers. A 
waiver request shall be deemed complete only 
when all required and requested information 
including a reason for the waiver and an 
alternate plan established to ensure the 
health, safety, welfare and civil rights of 
the resident, including resident care and 
life safety safeguards, is reviewed by the 
department; 
(2) Every request shall be signed by the licensee 
and shall constitute an acknowledgment and 
agreement that the licensee will comply with 
all terms and conditions of the waiver and 
this chapter; 
100.1-16 
2 7 
§11-100.1-4 
(3) The department may require the submission of 
additional information after the request has 
been submitted. If a request is incomplete 
or otherwise deficient, processing of the 
request shall not be completed until such 
time as the licensee has supplied all 
required information or otherwise corrected 
the deficiency; 
(4) All waivers shall not be transferrable; 
(5) The failure of the department to act on a 
completed request for a waiver within sixty 
days of receipt of request, shall be deemed 
an approval of the request; provided that the 
licensee acts consistently with the request 
process; and 
(6) A waiver may be granted on a case by case 
basis when it does not affect the resident's 
health, welfare, and safety. 
(b) The request will be reviewed by the 
department based on the effect or probable effect the 
waiver would have on the health, safety and welfare of 
a resident. 
(c) Whenever a request is approved by the 
department, the department shall issue a waiver 
authorizing the operation of an ARCH or expanded ARCH 
pursuant to the conditions specified in the request for 
the waiver and/or conditions specified by the 
department. No waiver shall be granted by the 
department unless the request and the supporting 
information clearly show that: 
(1) Granting the waiver will not endanger the 
health, safety, or welfare of an ARCH or 
expanded ARCH resident; 
(2) The waiver shall not be transferred to 
another resident or ARCH or expanded ARCH; 
(3) Granting the waiver will not affect the 
requirements of licensure provided in section 
11-100.1-3; and 
(4) Granting the waiver will not affect the 
primary care giver requirements provided in 
section 11-100.1-8. 
(d) Any approved waiver shall be granted within 
the requirements of this section, for time periods and 
under conditions consistent with this chapter, and with 
the following limitations: 
(1) The department may issue a waiver for a 
period not exceeding one year; 
100.1-17 
2 7 
§11-100.1-4 
(2) The department may revoke the waiver at any 
time if the waiver creates a threat to the 
health, safety, or welfare of an ARCH or 
expanded ARCH resident; 
(3) For every waiver granted under this section 
the department shall require the licensee to 
submit to the department information on a 
case by case basis such as: 
(A) Resident diagnosis with ability for self 
preservation, physician or APRN order, 
training to be provided to licensee, 
primary care giver or substitute care 
givers, plan for monitoring, oversight 
and evaluation of resident status; or 
(B) Conditions under which any structural 
changes to the ARCH or expanded ARCH 
will be completed, specific time frame 
for construction completion, and plan to 
ensure the safety of the ARCH or 
expanded ARCH residents during 
construction; and 
(C) Process to be undertaken to ensure the 
health, safety and welfare of ARCH or 
expanded ARCH residents for staffing 
changes or training to meet the 
requirements of this chapter. 
(4) For every waiver granted under this 
subsection the department shall perform a 
thorough review of known and available means 
of protecting the health, safety, or welfare 
of ARCH or expanded ARCH residents to which 
the waiver applies. 
(e) Waiver renewal. No waiver renewal shall be 
granted except on request therefor. Any such request 
shall be submitted to the department at least sixty 
days prior to the expiration of the waiver. The 
·department shall act on a request for renewal within 
sixty days of the receipt of such request. Any waiver 
granted pursuant to this section may be renewed on 
terms and conditions which would be appropriate on 
initial granting of a waiver, for periods not exceeding 
one year; provided that: 
(1) The request for renewal has met all of the 
conditions specified in the immediately 
preceding waiver; and 
100.1-18 
§11-100.1-4 
(2) The renewal, and the waiver issued in 
pursuance thereof, shall provide for 
protection of the health, safety, or welfare 
of the ARCH or expanded ARCH resident in a 
manner not less than that attained pursuant 
to the terms of the immediately preceding 
waiver at its expiration. 
(f) If the waiver or renewal is not granted, the 
department shall, upon request, provide the opportunity 
for hearing in accordance with chapter 91, HRS. 
(g) No waiver shall be construed to prevent or 
limit the application of any emergency provisions and 
procedures provided by law. [ E ff. Sr:P 1 8 zoo~ ] 
[Auth: §§321-9, 321-10, 321-11, 321-15:1-6, 9t;!.fl.-15.62] 
(Imp. HRS 321-15.6, 321.15.62) 
§11-100.1-5 Existing category 3 facilities. No 
existing category 3 ARCHs shall admit any new 
residents. Any resident in the category 3 ARCH who 
develops the need for nurse aide care shall be 
transferred to an appropriate facility. 
[Eff SEP 18 2006 ] (Auth: HRS §§321-9, 321-10, 
3 2 1-11 , 3 2 1-15 . 6 ) ( Imp: HRS § 3 2 1- 15 . 6 ) 
§11-100.1-6 Licensing fees. Appropriate fees, if 
any, as determined by the director, shall be charged by 
the department for obtaining an initial license or 
obtaining a license renewal. Prior notice of the 
amount of the fee shall be provided to the licensee. 
[Eff ~ ► P 1 8200R ] (Auth: HRS §§321-9, 321-10) (Imp: 
HRS §§ffl-t0, J~l-11) 
§11-100.1-7 General operational policies. (a) 
·General operational policies of an ARCH or expanded 
ARCH shall be submitted by the applicant in writing to 
the department prior to licensure and shall include, 
but shall not be limited to: 
(1) Admission policies as specified in 
section 11-100.1-10; 
(2) Types of services to be provided to residents 
which at a minimum shall include activities 
of daily living; 
100.1-19 
§11-100.1-7 
(3) A clear definition of the responsibility of 
the ARCH or expanded ARCH to the ARCH or 
expanded ARCH resident and the ARCH or 
expanded ARCH resident's family, legal 
guardian, surrogate or responsible agency; 
(4) Visiting hours; 
(5) Emergency measures; 
(6) Responsibilities of the primary and 
substitute care givers, and ARCH or expanded 
ARCH residents; 
(7) Appropriate action to be taken in the event 
of allegations of mistreatment, neglect, 
misappropriation of funds or property, 
procedure for notification of appropriate 
agencies pursuant to state law; 
(8) Infection control procedures; 
(9) Written evaluation of any incidents occurring 
which result in resident injury or illness, 
review of circumstances leading to the event, 
and a written plan to prevent a similar 
situation from recurring; and 
(10) Transfer and discharge policies as specified 
in section 11-100.1-22. 
(b) The general operational policies approved by 
the department shall be explained to the ARCH or 
expanded ARCH resident and the ARCH or expanded ARCH 
resident's family, legal guardian, surrogate or 
responsible agency prior to the ARCH or expanded ARCH 
resident's admission. A copy of these general 
operational policies shall be provided to all parties. 
(c) A written agreement shall be completed at the 
time of admission between the licensee or primary care 
giver of the ARCH or expanded ARCH and the ARCH or 
expanded ARCH resident and the ARCH or expanded ARCH 
resident's family, legal guardian, surrogate or 
responsible agency that sets forth that resident's 
'rights, the licensee or primary care giver of the ARCH 
or expanded ARCH responsibilities to that resident, the 
services which will be provided by the licensee or 
primary care giver of the ARCH or expanded ARCH 
according to that resident's schedule of activities or 
care plan, and that resident's responsibilities to the 
licensee or p~a~y ~R.re giver of the ARCH or expanded 
ARCH. [Eff :)tr' 18 LU06 ) (Auth: HRS §§321-9, 321-10, 
3 2 1-11 , 3 21-15. 6, 3 21-15. 61 and 3 21-15. 6 2) (Imp: HRS 
§§321-10,321-11, 321-15.6, 321-15.61 and 321-15.62) 
100.1-20 
2 7 9 
§11-100.1-8 
Subchapter 2 
Type I ARCH 
§11-100.1-8 Primary care giver qualifications. 
(a) The licensee of a Type I ARCH acting as a primary 
care giver or the individual that the licensee has 
designated as the primary care giver shall: 
(1) Be a resident of the State of Hawaii; 
(2) Be at least twenty-one years of age; 
(3) Be at least a nurse aide; 
(4) Reside in the Type I ARCH, or employ or 
otherwise engage by contract a qualified 
primary care giver in those homes in which 
the licensee does not reside; 
(5) Have completed ARCH teaching modules that are 
approved annually by the department; 
(6) Have at least one year experience working 
full time or its equivalent providing direct 
nurse aide care as an employee of a state 
licensed and approved intermediate care 
facility, skilled nursing facility, home 
health agency, or hospital or demonstrate 
competency equivalence through completion of 
a program approved by the department; 
(7) Have knowledge of and be able to practice the 
principles of resident care incorporating the 
concepts of the social model through family 
and community centered activities and 
approaches; 
(8) Demonstrate to the department sufficient 
skill in the use of the English language to 
fully accomplish the objectives of the 
program and to comply with the requirements 
of this chapter; 
(9) Have achieved acceptable levels of skill and 
training in first aid, nutrition, 
cardiopulmonary resuscitation, and 
appropriate nursing and behavior management 
as required for care of all residents 
admitted to the Type I ARCH; 
(10) Attend and successfully complete a minimum of 
six hours of training sessions per year which 
shall include but not be limited to any 
combination of the following areas: personal 
care, infection control, pharmacology, 
medical and behavioral management of 
residents, diseases and chronic illnesses, 
100.1-21 
2 7 iJ 
( 11 ) 
( 12 ) 
( b) 
addition 
( 1) 
( 2 ) 
( 3 ) 
§11-100.1-9 
community services and resources. All 
inservice training and other educational 
experiences shall be documented and kept 
current; 
Have knowledge of the availability of 
community services which may be utilized by 
the residents, primary care giver, or 
licensee; and 
If it is deemed necessary by the department, 
be examined by a physician and/or mental 
health professional as a condition for 
continued licensure. The examination shall 
be specifically oriented to determine if the 
primary care giver is physically and/or 
mentally capable of caring for the residents; 
The applicant of more than one Type I ARCH, in 
to the requirements in subsection (a), shall: 
Establish to the department's satisfaction 
that the applicant possesses the skills and 
abilities to successfully operate multiple 
facilities; 
Maintain an updated, written staffing plan 
that assures safety and adequate service 
administration on a twenty four hour basis in 
each facility under all circumstances; and 
Have a current history of operating a 
licensed Type I ARCH in compliance with the 
minimum licensing regulations in the State 
for one year or more. [Eff SEP l 8?nnR J 
(Auth: HRS §§321-9, 321-10, 321-11, JTf-15.6, 
346-224) (Imp: HRS §§321-10, 321-11, 321-
15.6, 346-224) 
§11-100.1-9 Personnel, staffing and family 
requirements. (a) All individuals who either reside 
'or provide care or services to residents in the Type I 
ARCH, shall have documented evidence that they have 
been examined by a physician prior to their first 
contact with the residents of the Type I ARCH, and 
thereafter shall be examined by a physician annually, 
to certify that they are free of infectious diseases. 
(b) All individuals who either reside or provide 
care or services to residents in the Type I ARCH shall 
have documented evidence of an initial and annual 
tuberculosis clearance. 
(c) Any individual providing services to the 
residents who develops evidence of an infectious 
100.1-22 
2 7 
§11-100.1-9 
disease shall be immediately relieved of any duties 
relating to food handling or direct resident contact, 
or both, and shall continue to be relieved of those 
duties until such time as a physician or APRN certifies 
it is safe for the individual to resume the duties. 
Undiagnosed skin lesions, respiratory tract symptoms or 
diarrhea shall be considered presumptive evidence of an 
infectious disease. 
(d) The primary caregiver or licensee acting as 
the primary caregiver must be present in the Type I 
ARCH at all times unless the primary caregiver or 
licensee acting as the primary caregiver has secured a 
substitute caregiver to provide temporary coverage for 
the primary caregiver or licensee acting as the primary 
caregiver. 
(e) The substitute care giver who provides 
coverage for a period less than four hours shall: 
(1) Be at least eighteen years of age; 
(2) Have the ability to communicate, read and 
write in the English language; 
(3) Be currently certified in first aid; and 
(4) Be trained by the primary care giver to make 
prescribed medications available to residents 
and properly record such action. 
(f) The substitute care giver who provides 
coverage for a period greater than four hours in 
addition to the requirements specified in subsection 
(e) shall: 
(1) Be currently certified in cardiopulmonary 
resuscitation; 
(2) Be able to provide personal care to the 
residents, including bathing, dressing, 
transferring, feeding, and transporting 
residents, and be able to provide care as 
stipulated in the schedule of activities or 
care plan; 
(3) Have sufficient knowledge and experience in 
nursing techniques to care for the 
residents, including taking vital signs, 
observing for medication efficacy and any 
untoward reactions; 
(4) Be able to provide recreational programs as 
developed; and 
(5) Follow planned menus, prepare and serve 
meals, including special menus and be able to 
make appropriate substitutions, as required. 
100.1-23 
§11-100.1-10 
(g) The substitute care giver who provides 
coverage for a period greater than one month, shall 
meet the requirements as set forth in section 11-100.1-
B(a). 
(h) When the primary care giver is planning an 
absence and the licensee is unable to find a substitute 
care giver, residents may be temporarily transferred to 
another appropriate facility licensed by the 
department, including but not limited to an ARCH or 
expanded ARCH. 
(i) The primary care giver shall give advance 
notice to residents and the resident's families, legal 
guardians, or surrogates or responsible agencies if the 
primary care giver plans to be absent for more than 
three days. Such advance notice shall be not less than 
one week except during emergencies. The primary care 
giver shall have a written plan, approved by the 
department, for providing resident care during any 
absence of the primary care giver from the Type I ARCH. 
This written plan shall also identify the duties and 
responsibilities of the substitute care giver. This 
rule does not apply to the primary care giver's short 
absences for shopping, errands, or other appointments 
unless the resident's condition requires full-time 
supervision and is addressed in the resident's schedule 
of activities or care plan. [Eff S ] 
(Auth: HRS §§321-9, 321-10, 321-11, ffi:iJ.-8iOQ& (Imp: HRS 
§§321-10, 321-11, 321-15.6) 
§11-100.1-10 Admission policies. (a) Type I 
ARCHs shall admit residents requiring care as stated in 
section 11-100.1-2. The level of care needed by the 
resident shall be determined and documented by that 
resident's physician or APRN prior to admission. 
Information as to each resident's level of care shall 
'be obtained prior to a resident's admission to a Type I 
ARCH and shall be made available for review by the 
department, the resident, the resident's legal 
guardian, the resident's responsible placement agency, 
and others authorized by the resident to review it. 
(b) All licensed Type I ARCHs shall admit 
residents without regard to age, disability, race, 
color, national origin (including language), sexual 
orientation, religion or gender. 
(c) The licensee has the right to refuse a person 
for admission if the licensee has made a determination 
that the Type I ARCH lacks the capability for providing 
100.1-24 
2 / I 
§11-100.1-10 
appropriate care. 
(d) The Type I ARCH shall only admit residents at 
appropriate levels of care. The capacity of the Type I 
ARCH shall also be limited by this chapter, chapter 
321, HRS, and as determined by the department. 
(e) Persons requiring an increased level of care 
may be permitted in a Type I or Type II ARCH if the 
primary care giver is deemed capable by the department 
of providing the necessary interim care while awaiting 
transfer to an appropriate facility. 
(f) The resident and the resident's family, legal 
guardian, surrogate or representative shall be informed 
at the time of admission of all facility policies and 
procedures. 
(g) An inventory of all personal items brought 
into the Type I ARCH by the resident shall be 
maintained. 
(h) Residents requiring emergency admission to an 
ARCH or expanded ARCH, due to removal from their 
current placement by the department or other state 
agency and who lack immediate access to a physician or 
emergency room, and who are unable to provide a report 
of tuberculosis clearance within one year of admission, 
may be admitted to the ARCH or expanded ARCH if the 
resident obtains a chest x-ray indicating freedom from 
communicable tuberculosis within twenty-four hours 
after admission. The resident shall obtain a 
tuberculin skin test within three days after admission, 
as per departmental procedure. The resident shall also 
submit to a physical examination within one week after 
admission unless he or she has don~ so within three 
months prior to admission. [Eff ::,;£p 18 2006 ] (Auth: 
HRS §§321-9, 321-10, 321-11, 321-15.6) (Imp: HRS §§321-
10 , 3 2 1-11 , 3 2 1-15 . 6 , 4 2 USC § 2 0 0 0 a) 
§ll-100.1-11 Activities of daily living. The 
licensee shall provide personal care, shelter, 
protection, supervision, assistance, guidance or 
training, planned activities, food service, laundering 
of personal clothing, recognition of and provision for 
changes in health status, and arrangement for 
tran~t.a;t;.i.frl~'to medical and dental offices. 
[Eff ~tr' l l:s LUUO ] (Auth: HRS §§321-9, 321-10, 321-11, 
321-15.6) (Imp: HRS §§321-10, 321-11, 321-15.6) 
100.1-25 
§11-100.1-13 
§11-100.1-12 Emergency care of residents and 
disaster preparedness. (a) The licensee shall 
maintain written procedures to follow in an emergency 
which shall include provisions for the following: 
(1) Arranging for immediate transfer or 
evaluation by a physician for any resident 
who becomes acutely ill, injured, or dies; 
(2) Arranging for transfer or placement of a 
resident at an emergency shelter or crisis 
response unit, as appropriate; and 
(3) Response to disasters which would include 
evacuation, emergency shelters, and food 
supply, and as directed by the Civil Defense. 
(b) The licensee shall maintain a first aid kit 
for emergency use for each Type I ARCH. 
(c) The licensee shall conduct regular quarterly 
rehearsals of emergency evacuation plans for staff and 
residents to follow in case of fire, explosion, or 
other civil emergency occurring in or within the 
environs of the facility. 
(d) Records of disaster evacuation and safety 
drills shall be av~ilable for inspection by the 
department. [ Ef f ~£P 1 8 2006 ] ( Auth: HRS §§321-9, 
3 2 1-10 , 3 2 1-11 , 3 2 1-15 . 6 , 15 . 61 , 15 . 6 2 ) ( Imp: HRS 
§§321-10, 321-11, 321-15.6) 
§ll-100.1-13 Nutrition. (a) The Type I ARCH 
shall provide each resident with an appetizing, 
nourishing, well-balanced diet that meets the daily 
nutritional needs and diet order prescribed by state 
and national dietary guidelines. To promote a social 
environment, residents, primary care givers and the 
primary care giver's family members residing in the 
Type I ARCH shall be encouraged to sit together at meal 
times. The same quality of foods provided to the 
'primary care givers and their family members shall be 
made available to the residents unless contraindicated 
by the resident's physician or APRN, resident's 
preference or resident's family. 
(b) Menus shall be written at least one week in 
advance, revised periodically, dated, and followed. If 
cycle menus are used, there shall be a minimum of four 
weekly menus. 
(c) Menus shall accommodate residents' food 
preferences, cultural and ethnic backgrounds and habits 
as much as possible, provided nutritional quality is 
maintained. 
100.1-26 
§11-100.1-13 
(d) Current menus shall be posted in the kitchen 
and in a conspicuous place in the dining area for the 
residents and department to review. 
(e) Substitutes offered to residents who refuse 
food served shall be of similar nutritive value and 
documented. 
(f) A minimum of three meals shall be provided at 
regular intervals in each twenty four hour period. 
There shall be no more than fourteen hours between a 
substantial evening meal and breakfast. 
(g) There shall be on the premises a minimum of 
three days' food supply, adequate to serve the number 
of individuals who reside at the ARCH or expanded ARCH. 
(h) The kitchen and food supply shall be 
accessible to residents who may desire snacks between 
meals, as appropriate. 
(i) Each resident shall have a documented diet 
order on admission and readmission to the Type I ARCH 
and shall have the documented diet annually signed by 
the resident's physician or APRN. Verbal orders for 
diets shall be recorded on the physician order sheet 
and written confirmation by the attending physician or 
APRN shall be obtained dµring the next office visit. 
(j) Each resident shall be provided with 
sufficient fluids to ensure adequate hydration. 
(k) Physician or APRN orders for nutritional 
supplements including vitamins, minerals, formula meals 
and thickening agents shall be updated annually or 
sooner as specified. 
(1) Special diets shall be provided for residents 
only as ordered by their physician or APRN. Only those 
Type I ARCHs licensed to provide special diets may 
admit residents requiring such diets. 
(m) A business entity operating more than one 
Type I ARCH, shall utilize a registered dietitian to 
assist in the planning of menus and provide special 
'diet consultation, as needed. The consultant shall 
provide special diet training to food preparation staff 
to ensure competency. [Eff S£P 182006 ] (Auth: HRS 
§§321-9, 321-10, 321-11, 321-15.6) (Imp: HRS §§321-10, 
321-11, 321-15.6) 
11-100.1-14 Food sanitation. (a) All food shall 
be procured, stored, prepared and served under sanitary 
conditions. 
(b) All foods shall be stored in covered 
containers. 
100.1-27 
§11-100.1-15 
(c) Refrigerators shall be equipped with an 
appropriate thermometer and temperature shall be 
maintained at 45°F or lower. 
(d) Potentially hazardous food shall meet proper 
temperature requirements during storage, preparation, 
display, service, and transportation. 
(e) A metal stem thermometer shall be available 
for checking cold and hot food temperatures. 
(f) Toxic chemicals and cleaning agents, such as 
insecticides, fertilizers, bleaches and all other 
poisons, shall be properly labeled and securely stored 
apart from any food supplies. 
(g) Rooms used for the stored food and supplies 
shall be well ventilated. 
(h) All persons who prepare food shall wash their 
hands with soap and water prior to food preparation and 
cooking. 
(i) A kitchen sink with hot and cold running 
water and soap shall be available for washing dishes, 
equipment, and utensils. 
(j) Potable water from 
be provided to all fixtures. 
(Auth: HRS §§321-10, 321-11, 
§§321-10, 321-11, 321-15.6) 
an approved source shall 
[ E ff SEP I 8 2008' l 
321-15.6) (Imp: HRS 
§11-100.1-15 Medications. (a) All medicines 
prescribed by physicians and dispensed by pharmacists 
shall be deemed properly labeled so long as no changes 
to the label have been made by the licensee, primary 
care giver or any ARCH/Expanded ARCH staff, and 
pills/medications are not removed from the original 
labeled container, other than for administration of 
medications. The storage shall be in a staff controlled 
work cabinet-counter apart from either resident's 
bathrooms or bedrooms. 
(b) Drugs shall be stored under proper conditions 
of sanitation, temperature, light, moisture, 
ventilation, segregation, and security. Medications 
that require storage in a refrigerator shall be 
properly labeled and kept in a separate locked 
container. 
(c) Separate compartments shall be provided for 
each resident's medication and they shall be segregated 
according to external or internal use. 
(d) Appropriate liquid medicine measuring devices 
shall be available and in use when liquid medicine is 
made available. 
100.1-28 
§11-100.1-15 
(e) All medications and supplements, such as 
vitamins, minerals, and formulas, shall be made 
available as ordered by a physician or APRN. 
(f) Medications made available to residents shall 
be recorded on a flowsheet. The flowsheet shall 
contain the resident's name, name of the medication, 
frequency, time, date and by whom the medication was 
made available to the resident. 
(g) All medication orders shall be reevaluated 
and signed by the physician or APRN every four months 
or as ordered by the physician or APRN, not to exceed 
one year. 
(h) All telephone and verbal orders for 
medication shall be recorded immediately on the 
physician's order sheet and written confirmation shall 
be obtained at the next physicians visit and not later 
than four months from the date of the verbal order for 
the medication. 
(i) Only trained staff shall be allowed to make 
prescribed medications available to residents. 
(j) Medication shall be offered only to the 
resident for whom it is ordered. 
(k) Medication errors and drug reactions shall be 
reported immediately to the physician or APRN 
responsible for the medical care of the client and 
shall document observations and action taken in the 
resident's record. 
(1) There shall be an acceptable procedure to 
separately secure medication or dispose of discontinued 
medications. 
(m) All medications and supplements, such as 
vitamins, minerals, and formulas, when taken by the 
resident, shall be recorded on the resident's 
medication record, with date, time, name of drug, and 
dosage initialed by the care giver. 
(n) Self administration of medication shall be 
'permitted when it is determined to be a safe practice 
by the resident, family, legal guardian, surrogate or 
case manager and primary care giver and authorized by 
the physician or APRN. Written procedures shall be 
availasep fcg:z~rage, monitoring and documentation. 
[Eff UUO ] (Auth: HRS §§321-9, 321-10, 
321-11, 321-15.6) (Imp: HRS §§321-10, 321-11, 321-15.6) 
100.1-29 
§11-100.1-16 
§ll-100.1-16 Personal care services. (a) Each 
resident shall be given proper daily personal attention 
and care including but not limited to skin, nails, 
hair, teeth, and oral hygiene in addition to any 
therapeutic regimen ordered by the resident's physician 
or APRN. 
(b) Residents shall be taught and encouraged to 
perform health, hygiene, and grooming practices, 
including bathing, brushing teeth, shampooing, combing 
and brushing hair, shaving and caring for toenails and 
fingernails as independently as possible and be 
assisted as necessary. 
(c) Primary care givers shall be responsible for 
proper care of and encourage the use of dentures, eye 
glasses, hearing aids, braces and prostheses and 
ambulatory equipment. The resident, family, legal 
guardian or responsible agency, shall be responsible 
for any costs involved with purchase and maintenance of 
the above. 
(d) When ordered by a physician, APRN, or 
psychologist, primary care givers shall provide an 
appropriate training program for every resident who has 
problems with elimination. Progress shall be 
documented for each resident receiving such training. 
(e) Residents who are incontinent shall be bathed 
or cleaned promptly upon voiding and soiling. All 
soiled items shall be segregated and appropriately 
stored until they can be properly cleaned. 
(f) Residents shall be allowed to select and be 
dressed appropriately in clean and comfortable clothing 
at all times. 
(g) Residents, and the residents' family members, 
legal guardians, surrogates and case managers shall be 
given the opportunity to participate in the planning of 
resident care and activities. 
(h) A schedule of activities shall be developed 
and implemented by the primary care giver for each 
resident which includes personal services to be 
provided, activities and any special care needs 
identified. The plan of care shall be reviewed and 
updated as needed. 
(i) The primary care giver shall provide the 
opportunity for each resident to have pneumococcal and 
influenza vaccines and all necessary immunizations 
following the recommendations of the Advisory Committee 
on Immunization Practices (ACIP) or resident's 
physician or APRN. 
100.1-30 
§11-100.1-16 
(j) Resident(s) manifesting behaviors that may 
cause injury to self or others shall be assessed by a 
physician or APRN to determine least restrictive 
alternatives to physical restraint use, which may be 
used only in an emergency when necessary to protect the 
resident from injury to self or to others. If 
restraint use is determined to be required and ordered 
by the resident's physician or APRN, the resident and 
the resident's family, guardian or surrogate, and case 
manager shall be notified and a written consent 
obtained. The licensee shall maintain a written policy 
for restraint use outlining resident assessment 
processes, indications for use, monitoring and 
evaluation and training of licensee and substitute care 
givers. Renewal orders for restraint use shall be 
obtained on a weekly basis from the resident's 
physician or APRN based on the assessment, monitoring 
and evaluation data presented by the primary care 
giver. [Eff SEP 18 70Qfl ) (Auth: HRS §§321-9, 
3 2 1-10, 3 2 1-11, 3 2 1- 1; . b) (Imp. HRS § § 3 2 1-10, 3 21-11, 
321-15.6) 
§11-100.1-17 Records and reports. (a) The 
licensee or primary care giver shall maintain 
individual records for each resident. On admission, 
readmission, or transfer of a resident there shall be 
made available by the licensee or primary care giver 
for the department's review: 
(1) Documentation of primary care giver's 
assessment of resident upon admission; 
(2) Recording of identifying information such as 
resident's name, social security number, 
racial extraction, marital status, date of 
birth, sex, and minister or religious 
denomination, and information about medical 
plan or coverage; 
(3) Documentation of date of referral and 
admission, referral agency with address and 
telephone number, place or source from which 
admitted, physician, APRN, dentist, 
ophthalmologist, optometrist, psychiatrist, 
and all other medical or social service 
professionals who are currently treating the 
resident, next of kin, legal guardian, 
surrogate or other legally responsible 
agency; 
100.1-31 
§11-100.1-17 
(4) A report of a recent medical examination and 
current diagnosis taken within the preceding 
twelve months and report of an examination 
for tuberculosis. The examination for 
tube-rculosis shall follow current 
departmental policies; 
(5) Copy of advanced directive, as available; 
(6) Physician or APRN signed orders for diet, 
medications, and treatments; 
(7) Height and weight measurements taken; and 
(8) A current inventory of money and valuables. 
(b) During residence, records shall include: 
(1) Annual physical examination and other 
periodic examinations, pertinent 
immunizations, evaluations, progress notes, 
relevant laboratory reports, and a 
report of annual re-evaluation for 
tuberculosis; 
(2) A copy of advanced directives, as available; 
(3) Progress notes that shall be written on a 
monthly basis, or more often as appropriate, 
shall include observations of the resident's 
response to medication, treatments, diet, 
care plan, any changes in condition, 
indications of illness or injury, behavior 
patterns including the date, time, and any 
and all action taken. Documentation shall be 
completed immediately when any incident 
occurs; 
(4) Entries describing treatments and services 
rendered; 
(5) Entries detailing all medications 
administered or made available; 
(6) All recordings of temperature, pulse, 
respiration as ordered by a physician, APRN 
or as may appear to be needed. Physician or 
APRN shall be advised of any changes in 
physical or mental status promptly; 
(7) Recording of resident's weight at least once 
a month, and more often when requested by a 
physician, APRN or responsible agency; 
(8) Notation of visits and consultations made to 
resident by other professional personnel as 
requested by the resident or the resident's 
physician or APRN; and 
(9) Correspondence pertaining to the resident's 
physical and mental status. 
100.1-32 
§11-100.1-17 
(c) Unusual incidents shall be noted in the 
resident's progress notes. An incident report of any 
bodily injury or other unusual circumstances affecting 
a resident which occurs within the home, on the 
premises, or elsewhere shall be made and retained by 
the licensee or primary care giver under separate 
cover, and shall be made available to the department 
and other authorized personnel. The resident's 
physician or APRN shall be called immediately if 
medical care may be necessary. 
(d) When a resident is transferred, 
transfer summary shall be prepared, and a 
promptly to the receiving facility, which 
include: 
a written 
copy given 
shall 
( 1 ) 
( 2 ) 
The reason for the transfer; 
Evidence of prior notice or the written 
consent of the resident's family, legal 
guardian, surrogate or representative; 
(3) Current physical and mental status of 
resident; and 
(4) Current diet, medication, and activity orders 
signed by a physician or APRN. 
(e) In the event of an emergency, an oral summary 
of the resident's condition shall be provided to the 
receiving facility, followed by a written transfer 
summary. 
( f) 
( 1 ) 
( 2 ) 
General rules regarding records: 
All entries in the resident's record shall be 
written in black ink, or typewritten, shall 
be legible, dated, and signed by the 
individual making the entry; 
Symbols and abbreviations may be used in 
recording entries only if a legend is 
provided to explain them; 
(3) An area shall be provided for safe and secure 
storage of resident's records which must be 
retained in the ARCH for periods prescribed 
by state law; and 
(4) All records shall be complete, accurate, 
current, and readily available for review by 
the department or responsible placement 
agency. 
(g) All information contained in the resident's 
record shall be confidential. Written consent of the 
resident, or resident's guardian or surrogate, shall be 
required for the release of information to persons not 
otherwise authorized to receive it. Records shall be 
secured against loss, destruction, defacement, 
100.1-33 
2 7 ' 
§ll-100.1-18 
tampering, or use by unauthorized persons. There shall 
be written policies governing access to, duplication 
of, and release of any information from the resident's 
record. Records shall be readily accessible and 
available to authorized department personnel for the 
purpose of determining compliance with the provisions 
of this chapter. 
(h) Miscellaneous records: 
(1) A permanent general register shall be 
maintained to record all admissions and 
discharges of residents; 
(2) When requested, statistical information shall 
be provided to the department; 
(3) When day care clients are permitted in a Type 
I ARCH, records shall be maintained and 
include: 
(A) Current physical examination and 
tuberculosis clearance; 
(B) Medication and diet or supplement 
( C) 
( D) 
orders; 
Emergency information; and 
Progress notes, as appropriate. 
[Eff SEP 18 2006 ] (Auth: HRS §§321-9, 
3 2 1-10 , 3 21-11 , 3 2 1-15 . 6 ) ( Imp: HRS 
§§321-10, 321-11, 321-15.6, 622-5(7), 
622-5(8)) 
§ll-100.1-18 Recreational, rehabilitative 
programs, and social services. (a) Residents shall be 
up and out of bed and appropriately dressed daily, 
unless physician or APRN orders indicate otherwise. 
(b) The primary care giver shall provide social 
and recreational activities for residents on a regular 
basis and shall encourage participation in activities 
according to the resident's interests, needs, and 
'capabilities. 
(c) Residents shall be encouraged to participate 
in work, educational, recreational, social, and health 
activities provided by community agencies. 
(d) The primary care giver shall recognize the 
need for and provide a warm, emotionally accepting 
atmosphere to residents. Residents shall be included, 
as much as possible, in all aspects of family and 
community life to help foster a greater sense of 
belonging, as relating to the social model. 
(e) Visits with relatives and friends shall be 
encouraged. 
100.1-34 
2 7 
§11-100.1-18 
(f) The primary care giver shall provide the 
resident with access to a radio, television and 
telephone. 
(g) The primary care giver shall arrange and 
provide for appropriate social services through 
private, public or community resources. 
(h) The primary care giver shall arrange or 
provide means of transportation for residents for: 
(1) Visits to physician, APRN and other medical 
providers; 
(2) Transfer to another facility; and 
(3) Participation in activities outside the Type 
I ARCH. [ Eff SEf 1 A ?QnR 1 (Auth: HRS 
§§321-10, 321-1 , 3'2t-'1'5.6) (Imp: HRS 
§§321-10, 321-11, 321-15.6) 
§11-100.1-19 Resident accounts. (a) The 
conditions under which the primary care giver agrees to 
be responsible for the resident's funds or property 
shall be explained to the resident and the resident's 
family, legal guardian, surrogate or representative and 
documented in the resident's file. All single 
transfers with a value in excess of one hundred dollars 
shall be supported by an agreement signed by the 
primary care giver and the resident and the resident's 
family, legal guardian, surrogate or representative. 
(b) Individuals associated with the ownership or 
operation of a Type I ARCH, the licensee, and the 
primary care giver shall not serve as guardian, power 
of attorney, or trustee of the resident or resident's 
estate. 
(c) The primary care giver shall be permitted to 
become a representative payee under conditions 
prescribed by the Social Security Administration. 
(d) An accurate writt~n accounting of resident's 
'money and disbursements shall be kept on an ongoing 
basis, including receipts for expenditures, and a 
current inventory of resident's possessions. 
(e) The resident's personal property kept by the 
primary care giver for safekeeping shall be released, 
upon request, to the resident, or if the resident is 
incompetent, to the duly appointed legal guardian, 
surrogate or responsible agency. This transaction 
shall be documented in writing. [Eff SEP 1 Q 2on~ ] 
(Auth: HRS §§321-9, 321-10, 321-11, 321-ls'°".~) t~mp: HRS 
§§321-10, 321-11, 321-15.6) 
100.1-35 
2 7 
§11-100.1-21 
§11-100.1-20 Resident health care standards. (a) 
The primary and substitute care giver shall provide 
health care within the realm of the primary or 
substitute care giver's capabilities for the resident 
as prescribed by a physician or APRN. 
(b) The primary and substitute care giver shall 
utilize standard precautions in the provision of 
personal care to the residents. 
(c) The primary and substitute care giver shall 
be able to recognize, record, and report to the 
resident's physician or APRN significant changes in the 
resident's health status including, but not limited to, 
convulsions, fever, sudden weakness, persistent or 
recurring headaches, voice changes, coughing, shortness 
of breath, changes in behavior, swelling limbs, 
abnormal bleeding, or persistent or recurring pain. 
(d) When the resident has experienced a 
significant change in mental or physical well-being, a 
prompt report shall be made and provided to the 
resident's physician or APRN, by the primary or 
substitute caregiver. Any change in physician or APRN 
orders shall be promptly carried out. 
(e) Arrangements shall be made by the primary 
care giver for annual dental examinations. 
Arrangements shall be made by the primary or substitute 
care giver for emergency dental examinations. 
(f) Residents shall be accompanied by an adult to 
emergency rooms and other medical care facilities with 
all available resident records. 
(g) Payment for all medical and dental treatment 
shall be the responsibilitY, pt the resident or 
responsible agency. [Eff StP 182006 ) (Auth: HRS 
§§321-9, 321-10, 321-11, 321-15.6, 457) (Imp: HRS 
§§321-10, 321-11, 321-15.6, 457) 
§11-100.1-21 Residents' and primary care givers' 
rights and responsibilities. (a) Residents' rights and 
responsibilities: 
(1) Written policies regarding the rights and 
responsibilities of residents during the stay 
in the Type I ARCH shall be established and a 
copy shall be provided to the resident and 
the resident's family, legal guardian, 
surrogate, sponsoring agency or 
representative payee, and to the public upon 
request. The Type I ARCH policies and 
procedures shall provide that each individual 
100.1-36 
q 
,/ 
§11-100.1-21 
( 2 ) 
admitted shall: 
(A) Be fully informed orally or in writing, 
prior to or at the time of admission, of 
these rights and of al~ rules governing 
resident conduct. There shall be 
documentation signed by the resident 
( B) 
( C) 
( D) 
that this procedure has been carried 
out; 
Be fully informed that interpreter 
services including but not limited to 
translation, sign language or visual 
services will be provided if the 
resident requires such services. Should 
the resident require the assistance of 
an interpreter, the licensee or primary 
care giver shall attempt to facilitate 
reasonable accommodations for 
interpreter services including but not 
limited to translation, sign language or 
visual services. The cost for 
interpreter services shall not be the 
responsibility of the licensee or 
primary care giver. 
Be fully informed orally and in writing, 
prior to or at the time of admission, 
and during stay, of services available 
in or through the Type I ARCH and of 
related charges, including any charges 
for services not covered by the Type I 
ARCH's basic per diem rate; and 
Be given advance written notice, of not 
less than thirty days, of involuntary 
transfer or discharges, except in an 
emergency. 
Each resident shall: 
(A) 
( B) 
Be encouraged and assisted to exercise 
the resident's rights to vote, voice 
grievances, recommend changes in 
policies and services to care givers or 
outside representatives of the 
resident's choice, be free from 
interference, coercion, discrimination, 
or reprisal; 
Be informed of the conditions under 
which the Type I ARCH may manage the 
resident's personal financial affairs as 
detailed in section 11-100.1-18; 
100.1-37 
2 l t '} 
§11-100.1-21 
(C) Be free from chemical and physical 
restraints and not be humiliated, 
harassed, or threatened. 
(D) Physical restraints may only be used in 
an emergency when necessary to protect 
the resident from injury to self or to 
others. In such a situation the 
resident's physician or APRN shall be 
notified immediately to obtain an 
assessment for least restrictive 
alternatives to restraint use. If 
restraint use is determined to be 
necessary, written orders shall be 
obtained from the resident's physician 
or APRN indicating the form of restraint 
to be used, the length of time restraint 
shall be applied, the frequency of use 
and the alternative care that can be 
provided to the resident. If a less 
restrictive alternative to restraint 
exists, it must be used in lieu of the 
restraint. The resident's family, legal 
guardian, surrogate or representative, 
and case manager shall be notified if no 
alternative to restraint exists and a 
written consent shall be obtained for 
restraint use. The restraint use shall 
be in compliance with the Type I ARCH's 
written policy, as approved by the 
department; 
(E) Be treated with understanding, respect, 
and full consideration of the resident's 
dignity and individuality, including 
privacy in treatment and in care of the 
resident's personal needs; 
(F) Have the right to be free from ill 
treatment, physical punishment, 
exploitation, neglect, physical or 
psychological abuse and shall be 
protected from further potential abuse 
while an investigation is in progress; 
(G) Have the right to an environment free of 
weapons, illicit drugs or other 
conditions that may cause the residentto 
feel unsafe in a Type I ARCH; 
(H) Perform services for the Type I ARCH or 
the primary and substitute care givers 
only when agreed to by the resident, 
100.1-38 
~ r C, 
§11-100.1-21 
resident's family, resident's legal 
guardian, surrogate or representative, 
and shall be documented; 
(I) Have the right to associate and 
communicate privately with persons of 
the resident's choice, and to send and 
receive the resident's personal mail 
unopened; 
(J) Have the right to refuse visitors; 
(K) Have the right to meet with and 
participate in social, religious, health 
and community group activities at the 
resident's discretion, unless medically 
contra-indicated; 
(L) Have the right to refuse to participate 
in social, religious, or health and 
community group activities; 
(M) Make contacts with the community and to 
achieve the highest level of 
independence, autonomy, and interaction 
with the community of which the resident 
is capable; 
(N) Manage his or her financial affairs, or 
be given at least a quarterly accounting 
of financial transactions made on his or 
her behalf by the Type I ARCH should the 
Type I ARCH accept his or her written 
delegation of this responsibility to the 
Type I ARCH for any period of time in 
conformance with state law; 
(0) Participate in the planning of his or 
her schedule of activities, and/or care 
plan and medical treatment; 
(P) Retain and use personal clothing and 
possessions as space permits, unless 
doing so: 
(i) Would infringe upon the rights of 
other residents; or 
(ii) Is specifically forbidden by 
written orders of the resident's 
physician or APRN; 
(Q) If married, be assured of privacy for 
visits by the spouse and, if both are 
residents in the home, be permitted to 
share a room if agreeable to both; 
(R) Have flexible daily visiting hours and 
provisions for privacy established; 
100.1-39 
2 7 
§ll-100.1-21 
(S) Have the right to reject living in a 
particular facility; 
(T) Provide the primary care giver with a 
fourteen day notice when wishing to 
transfer to another facility; 
(U) Have the right to request food 
preferences and not have dietary 
restrictions as punishment; 
(V) Have the right to locked storage space; 
(W) Have their personal and medical records 
kept confidential and subject to release 
only as provided in section 11-100.1-
1 7 ( g) ; and 
(X) Have access to a telephone providing 
privacy. 
(b) Primary care givers' rights and 
responsibilities: 
(1) Written policies regarding primary care 
givers' rights and responsibilities shall be 
established and a copy shall be provided to 
the resident and the resident's family, any 
guardian, next of kin, surrogate, sponsoring 
agency or representative payee and to the 
public upon request; 
(2) The primary care giver has the right to: 
(A) Be shown consideration and respect that 
recognizes the dignity and individuality 
of the primary care giver and the Type I 
ARCH; 
(B) Terminate a resident's agreement for 
just cause after a written 30 day 
notice; 
(C) Terminate an agreement immediately, 
after notice to the resident, family 
member or surrogate, case manager and 
physician, if the primary care giver 
finds that a resident creates a serious 
or immediate threat to the health, 
safety or welfare of other residents of 
the Type I ARCH; 
(D) Present grievances, file complaints, or 
provide information to state agencies or 
other persons; 
(E) Refuse to perform services for the 
resident or the resident's surrogate 
other than those agreed upon by the 
resident and the care giver; 
100.1-40 
§11-100.1-21 
(F) Contract with community resources to 
achieve the highest level of 
independence, autonomy, interaction and 
services for residents; 
(G) Be able to gain access to resident 
information, as per the referring 
agency's policy and procedures, for each 
resident referred to the Type I ARCH. 
All information shall be kept 
confidential; 
(H) Refuse to accept a resident if the 
referral is inappropriate; 
(I) Information relating to a resident's 
problems, including self-abuse, violent 
behavior, alcoholism, or drug abuse; and 
(3) The primary care giver or licensee shall be 
responsible for maintaining an environment 
safe from weapons or illicit drugs. 
(4) The primary care giver or licensee shall be 
responsible for ensuring the health, safety, 
welfare and civil rights of all residents 
under their care. [ E ff SFP 1 ~ 2nrn~ ] 
(Auth: HRS §§321-9, 321-11, .:f2'1-l'S".6) (Imp: 
HRS § § 3 2 1-10 , 3 21-11 , 3 2 1-15 . 6, 6 2 2- 5 7 ) 
§11-100.1-22 Transfer and discharge of residents. 
(a) Except as provided in subchapter 6 of this chapter, 
written notice of a resident's transfer to an 
appropriate facility or discharge to another living 
arrangement or transfer within the Type I ARCH shall be 
given no less than thirty days prior to transfer or 
discharge except in case of an emergency, to the 
resident, the resident's family, the resident's legal 
guardian, surrogate or representative, and the case 
manager when: 
(1) Ordered by the resident's physician or APRN; 
(2) Physical or mental changes of the resident 
necessitates services which cannot be 
provided in the existing Type I ARCH; 
(3) Physical or mental changes of the primary 
care giver resulting in the inability of the 
primary care giver to provide the service; 
(4) Resident wishes to transfer; or 
(5) Primary care giver wishes to transfer the 
resident for just cause. 
100.1-41 
2 7 
§11-100.1-23 
(b) The licensee or primary care giver of the 
Type I ARCH shall provide assistance to the resident, 
resident's family, legal guardian, representative, 
surrogate or case manager with the transfer. 
[ E ff SEP 1 8 2006 ] ( Au th: HRS § § 3 2 1-9, 3 2 1-10 , 3 21-
11, 321-15.6) (Imp: HRS §§321-10, 321-11, 321-15.6) 
§11-100.1-23 Physical environment. (a) For all 
ARCHs, suitability of site, quietness, sanitary 
features of the immediate environment, accessibility, 
and proximity to the community to be served shall be 
considered in licensing a facility. 
(b) The Type I ARCH shall be free of excessive 
noise, dust, or odors and shall have good drainage; 
(c) The Type I ARCH shall be provided with 
adequate means of sewage, garbage, and other refuse 
disposal, approved potable water supply, and 
electricity; 
(d) The Type I ARCH shall be accessible by 
emergency medical services and be near a means of 
public transportation; 
(e) Resident living areas shall be designed and 
equipped for the safety, comfort, and privacy of the 
resident; and 
(f) Any person regularly utilizing the portions 
of the home designated for residents including but not 
limited to day care residents, relatives, and visitors 
shall be considered as residents for purposes of 
calculating the space requirements of section 11-100.1-
23(1)(2) and section ll-100.l-23(m)(3). 
(g) Fire prevention protection. 
(1) All Type I ARCHs licensed under this chapter 
shall initially comply, and shall be 
inspected at least annually by appropriate 
fire authorities for compliance, with state 
and county codes, ordinances, and laws; 
(2) Fees for fire inspections shall be the 
responsibility of the licensee; 
(3) Type I ARCHs shall be in compliance with, but 
not limited to, the following provisions: 
(A) Fire escapes, stairways and other exit 
equipment shall be maintained 
operational and in good repair and free 
of obstruction; 
(B) There shall be a clear and unobstructed 
access to a safe area of refuge; 
100.1-42 
2 7 
§11-100.1-23 
(C) Each Type I ARCH shall have a written 
plan for the safe care and evacuation of 
residents to areas of refuge in case of 
emergency. This plan shall be reviewed, 
and updated as necessary, whenever there 
is a significant change in the physical 
or mental condition of a resident or 
whenever a new resident enters the 
facility. All personnel shall be 
instructed in their respective duties in 
carrying out this plan. The written 
plan with directional diagrams shall be 
posted in a conspicuous location within 
the facility; 
(D) A drill shall be held to provide 
training for residents and personnel at 
various times of the day or night at 
least four times a year and at least 
three months from the previous drill, 
and the record shall contain the date, 
hour, personnel participating and 
description of drill, and the time taken 
to safely evacuate residents from the 
building. A copy of the fire drill 
procedure and results shall be submitted 
to the fire inspector or department upon 
request; 
(E) There shall be an adequate system of 
communication to summon help in case of 
fire or other emergency. This shall 
include telephone service. Inside 
stairways shall be provided for 
communication between floors within the 
Type I ARCH. All rooms utilized by the 
Type I ARCH, under the same roof, shall 
be connected by interior doors. The 
communication system shall assure prompt 
contact with care givers; 
(F) Smoking shall be permitted only in 
approved areas where proper equipment 
and supervision is provided; 
(G) Smoke detectors shall be provided in 
accordance with the most current edition 
of the National Fire Protection 
Association (NFPA) Standard 101 Life 
Safety Code, One and Two Family 
100.1-43 
§11-100.1-23 
Dwellings. Existing Type I ARCHs may 
continue to use battery operated 
individual smoke detector units, 
however, upon transfer of ownership or 
primary care giver, such units shall be 
replaced with an automatic hard wiring 
UL approved smoke detector system; 
(H) Fire extinguishers shall be installed in 
accordance with NFPA 101 Life Safety 
Code and have a minimum fire 
extinguisher classification rating as 
required by the county fire code; 
(I) Each resident of a Type I home must be 
certified by a physician that the 
resident is ambulatory and capable of 
following directions and taking 
appropriate action for self-preservation 
under emergency conditions, except that 
a maximum of two residents, not so 
certified, may reside in the Type I home 
provided that either: 
(i) For each such non-certified 
resident there must be a 
responsible adult on the premises 
of the home at all times that the 
non-certified resident is present 
in the home, and there must never 
be a stairway which must be 
negotiated for emergency exit by 
such non-certified resident; or 
(ii) Type I homes having residents not 
so certified shall have a sprinkler 
system installed throughout in 
accordance with the National Fire 
Protection Association (NFPA) 
Standard 13-D, Sprinkler Systems, 
One and Two Family Dwellings. 
(h) The Type I ARCH shall maintain the entire 
facility and equipment in a safe and comfortable manner 
to minimize hazards to residents and care givers. 
(1) Housekeeping: 
(A) A plan including but not limited to 
sweeping, dusting, mopping, vacuuming, 
waxing, sanitizing, removal of odors and 
cleaning of windows and screens shall be 
made and implemented for routine 
periodic cleaning of the entire Type I 
100.1-44 
2 7 ~ 
§11-100.1-23 
ARCH and premises; 
(B) After discharge of any resident, the 
bed, bed furnishings, bedside furniture 
and equipment shall be thoroughly 
cleansed prior to subsequent resident 
admission; 
(C) Floors in resident areas shall be 
cleaned at least once daily; 
(D} All walls, ceilings, windows and 
fixtures shall be kept clean; and 
toilets and lavatories shall be cleaned 
and deodorized daily. 
(2) Temperature control: 
(A) Temperature and humidity shall be 
maintained within a practical comfort 
range by heating, air conditioning, or 
other means in accordance with 
residents' needs and desires; and 
(B) Any heating apparatus or appliances, or 
open flame in stoves, water heaters and 
fireplaces shall conform to UL standards 
as they existed on the date of adoption 
of this chapter. 
(3) All Type I ARCHs shall comply with applicable 
state laws and rules relating to sanitation, 
health, infection control and environmental 
safety; 
(4) Water supply. Hot and cold water shall be 
readily available to residents for personal 
washing purposes. Temperature of hot water 
at plumbing fixtures used by residents shall 
be regulated and maintained within the range 
of l00°-120°F. 
(i) All construction or alterations shall comply 
with current county building, land use and fire codes 
and ordinances in the state. The Type I ARCH licensed 
'for wheelchair residents shall be accessible to and 
functional for the residents at the time of licensure. 
(1) Windows: 
(A) A habitable room shall have an aggregate 
window area of not less than one-tenth 
of the gross floor area; 
(B) In bedrooms occupied by residents in 
wheelchairs, window sills may not be 
higher than forty four inches, or as 
stipulated by the current county 
building codes; and 
100.1-45 
2 7 
§11-100.1-23 
(C) Windows in residents' rooms shall have 
adequate means of insuring privacy. 
(2) Windows shall have screens having no less 
than sixteen meshes per inch. 
(3) Doors: 
(A) Two exit doors shall be included which 
are remote from each other and shall be 
provided for each floor or separate 
building where residents reside. For 
residents with assistive devices, 
doorways shall be wide enough to allow 
passage and access; 
(B) When multiple locking devices are used 
on exits, a maximum of two locking 
mechanisms for egress shall be allowed; 
(C) Sliding doors and folding doors shall 
not be used as exit doors, but where 
used in service areas not utilized by 
residents, shall be of light material 
and easy to handle; 
(D) Provision for the free passage of 
handicapped residents, including 
wheelchair residents, to rooms, toilets, 
corridors, and exits shall be maintained 
at all times; and 
(E) Each occupied room shall have access to 
required exits. 
(4) Lighting: 
(A) Appropriate lighting fixtures adequate 
in number shall be provided for the 
comfort of residents and care givers; 
and 
(B) Residents' rooms shall have artificial 
light adequate for reading at bedside. 
This lighting shall be at least thirty 
foot candles at normal reading height; 
(5) In multi-level homes there shall be an inside 
enclosed stairway. Ramps shall not exceed a 
slope of more than one inch per foot and 
shall be provided with non-slip material. 
Elevators, stairways and ramps and handrails 
shall comply with current county building 
codes; 
(6) In Type I ARCHs, bedrooms, hallways, and 
corridors shall be large enough to allow 
passage, access and be comfortable for 
residents with assistive devices. Type I 
ARCHs shall establish a performance criteria 
100.1-46 
§11-100.1-23 
for safe evacuation and exit from the 
facility meeting the standards and 
requirements as set forth by the Uniform 
Building Code (UBC) and NFPA 101 (with 
utilization of the FSES rating). 
(7) At least one toilet, lavatory and bathtub or 
shower shall be conveniently located and 
provided for each floor occupied by residents 
for sleeping; 
(8) Toilets, bathtubs and showers shall have 
provisions for individual privacy; 
(9) Bathrooms shall have non-slip surfaces in 
tubs and showers; 
(10) For Type I ARCHs with wheelchair residents, 
walk-in showers flush with the floor shall be 
provided. Showers shall have a minimum floor 
area of sixteen square feet arranged and 
located to accommodate both the resident and 
the care giver providing personal care. The 
shower entrance shall be at least thirty two 
inches wide. Adjacent floor areas shall be 
protected from the water which could 
constitute an unsafe area; 
(11) Handrails and grab bars shall be at a height 
of thirty two to thirty four inches from the 
floor for residents' use in the hallways and 
bathrooms. 
(12) Floors shall be nonabrasive, slip resistant, 
flush at doorways and be of material which do 
not retain odors. 
(j) Waste disposal: 
(1) Every Type I ARCH shall provide a sufficient 
number of watertight receptacles, acceptable 
to the department for rubbish, garbage, 
refuse, and other matter. These receptacles 
shall be kept closed by tight fitting covers; 
and 
(2) Disposal of infectious waste shall be in 
compliance with Hawaii Administrative Rules 
chapter 104, Management and Disposal of 
Infectious Waste. 
(k) Storage space for resident's luggage and 
other bulky items and equipment shall be provided and 
located in a safe and convenient place. 
(1) An enclosed dining area within the Type I 
ARCH shall be provided for residents which shall be 
apart from sleeping quarters but may be in continuity 
to the living room area. The following shall prevail: 
100.1-47 
2 
( 1 ) 
( 2 ) 
( 3) 
( 4 ) 
( m) 
( 1 ) 
( 2 ) 
( 3) 
( n) 
shall be 
( 0) 
( 1) 
§11-100.1-23 
At least one table with twenty nine inches 
clearance between floor and lower edge shall 
be provided to allow for those residents 
using wheelchairs; 
Dining space allotment shall not be less than 
twenty square feet per resident capacity; 
Residents shall be served meals in dining 
rooms unless they are temporarily confined to 
their bedrooms; and 
Safe supportive chairs shall be provided in 
accord with each resident's need; 
Family or living room: 
Provisions shall be made for at least one 
conveniently located enclosed area for 
recreational, social and activity needs of 
the residents within or contiguous to the 
facility; 
The family room shall be equipped with 
reading lamps, tables, chairs and other 
appropriate furnishings for the use and 
comfort of the residents but shall not 
include beds; and 
The living room space allotment shall not be 
less than thirty square feet per resident. 
Outdoor areas accessible to the residents 
made safe for use by the resident. 
Bedrooms: 
General conditions: 
(A) Bedrooms shall be at or above grade 
level; 
(B) There shall be an adequate number of 
rooms provided for immediate family 
members as well as residents; 
(C) Family members shall not sleep in 
residents' bedrooms; 
(D) Bedrooms shall not be used for 
recreation, cooking, dining, storage, 
bathrooms, laundries, foyers, corridors, 
lanais, and libraries; 
(E) Access from each bedroom to a bathroom, 
toilet, corridor, central utility, or 
other area shall be arranged to avoid 
passing through another bedroom; 
(F) Bedrooms shall be conveniently located 
near adequate toilet and bathing 
facilities appropriate in number, size, 
and design to meet the needs of the 
residents; 
100.1-48 
2 ' 
§11-100.1-23 
(G) All occupants of any bedroom shall be of 
the same sex except for designated semi­
private rooms which may be occupied by a 
mixed sex couple if the primary care 
giver and both residents agree to the 
living arrangements; and 
(H) Type I ARCH licensed for a person in a 
wheelchair shall provide an accessible 
route to and into all sleeping rooms, 
bathrooms, common areas and exits. 
(2) Floor space: 
(A) Minimum usable floor space allowable 
shall be seventy square feet per bed in 
a multiple resident bedroom and eighty 
square feet per bed in a single resident 
bedroom, excluding toilet, closets, 
lockers, alcoves, and vestibules. The 
number of residents shall be limited to 
a maximum of two; 
(B) Beds shall be placed at least three feet 
apart in multiple occupant bedrooms; 
(C) In all Type I ARCHs and those undergoing 
construction or renovation, closet space 
for residents shall be provided within 
the bedroom, allowing a minimum of 
thirty inches in width, twenty inches in 
depth, and five feet in height per 
person exclusive of bedroom space; and 
(D) Hanging clothes rods and shelves shall 
be adjusted as necessary. 
(3) Bedroom furnishings: 
(A) Each resident shall be provided for 
their individual use, a clean bed 
including spring with mattress, at least 
thirty six inches wide, of sufficient 
length and proper height for the 
resident and to permit an individual in 
a wheelchair to get in and out of bed 
unassisted; 
(B) Each bed shall be supplied with a 
comfortable mattress cover, a pillow, 
pliable plastic pillow protector, pillow 
case, and an upper and lower sheet. A 
sheet blanket may be substituted for the 
top sheet when requested by the 
resident; and 
(C) A suitable bedspread shall be used on 
each resident's bed. 
100.1-49 
2 -! 
§11-100.1-23 
(p) Miscellaneous: 
(1) Conveniently located space for personal care 
items and for equipment, such as crutches and 
wheelchairs, shall be provided; 
(2) Walkers, wheelchairs, canes, crutches and 
bedside rails shall be provided by the 
resident; 
(3) Equipment for bedside care shall be stored in 
resident's bedside stand or other adjacent 
enclosed space; 
(4) There shall be adequate provision for privacy 
when caring for resident or when requested by 
the resident and an individual bath sheet 
blanket shall be used when bed baths are 
given; and 
(5) Signaling devices approved by the department 
shall be provided for resident's use at the 
bedside, in bathrooms, toilet rooms, and 
other areas where residents may be left 
alone. In Type I ARCHs where the primary 
care giver and residents do not reside on the 
same level or when other signaling mechanisms 
are deemed inadequate, there shall be an 
electronic signaling system. 
(q) All construction, additions, alterations: 
(1) Drawings and specifications for all new 
construction or additions, alterations or 
repairs to existing buildings shall be 
submitted to the department for review prior 
to construction; 
(2) While final authority to approve the 
construction and fire safety features of such 
building rests with county agencies and fire 
marshals, if construction drawings and 
specifications are submitted to the 
department, the department shall promptly 
review such submittals and make every effort 
to advise the applicant of features which 
appear nonconforming; and 
(3) Minor alterations which do not affect 
structural integrity, fire, safety, or which 
do not change functional operation, or 
increase beds or services over that for which 
the ARCH is licensed may be submitted by 
freehand drawings or sketches. 
100.1-50 
§11-100.1-23 
(r) Facilities shall be maintained in accordance 
with provisions of state and local zoning, building, 
fire safety and health codes. [Eff SEP 1 8 ?()rJFf ] 
(Auth: HRS §§321-9, 321-10, 321-11, 321-15.t>) (Imp: HRS 
§§321-10, 321-11, 321-15.6) 
§§11-100.1-24 to 11-100.1-50 (Reserved). 
Subchapter 3 
Type II ARCH 
§11-100-1-51 Applicability. In addition to the 
requirements in Subchapter 1 Type I ARCH, the following 
requirements shall apply to Type II ARCHs. 
[Eff SEP 1 ~ ?Qnf.': ] (Auth: HRS §§321-9, 321-10, 
321-11, 32f-1~.'°tr) (Imp: HRS §§321-10, 321-11, 321-15.6) 
§11-100.1-52 Primary care giver requirements. 
The licensee of a Type II ARCH facility acting as the 
administrator or the individual that the licensee has 
designated as the administrator, in addition to the 
requirements in section 11-100.1-S(a), shall: 
(1) Have at least two years experience, in a 
management capacity, in the areas of housing, 
health care and personal care services or any 
combination thereof; 
(2) Have knowledge of generally acceptable 
accounting principles; 
(3) Have training or experience in supervisory 
management; 
(4) Have knowledge of purchasing of large volumes 
of food and meal preparation, as appropriate; 
(5) Have knowledge of infection control 
procedures in relation to resident care, 
personnel and handling of large volume of 
laundry, as appropriate; and 
(6) Be accountable for providing training for all 
facility personnel in the provision of 
resident care in conjunction with the 
princi~les of the social model. 
[Eff StP J 87DnFf ] (Auth: HRS §§321-9, 321-
10, 321-11, JL1-15.6)(Imp: HRS §§321-9, 321-
10, 321-11, 321-15.6) 
100.1-51 
§11-100.1-54 
§ll-100.1-53 Personnel and staffing 
requirements. (a) Personnel policies shall be 
developed and maintained indicating staff orientation 
and in service training, job descriptions, staff 
qualifications, job requirements for each class of 
employees, code of conduct and other pertinent 
personnel information. 
(b) All Type II ARCHs shall have available an 
administrator to provide direct overall management and 
oversight of staff and residents. 
(c) All Type II ARCHs shall have available a 
registered nurse to provide direct management and 
oversight of residents and direct care staff. The 
registered nurse shall provide assessments of residents 
with appropriate training and oversight of staff to 
ensure that resident needs are met. 
(d) An adequate number of qualified staff, as 
determined by the department, shall be on duty twenty­
four hours a day. 
(e) At least one staff member of each shift shall 
be a nurse aide. 
(f) There shall be a designated and properly 
trained person to make prescribed medications available 
and to perform treatments under the general supervision 
or direction of a licensed nurse or who meets the 
requirements as set forth in section 11-100.1-B(a). 
(g) No staff shall work more than two consecutive 
eight hour shifts within a twenty four hour period. 
(h) The administrator, primary care giver and 
substitute care givers shall attend and successfully 
complete a minimum of six hours of training sessions 
per year which shall include but not be limited to 
personal care, infection control, pharmacology, medical 
and behavioral management of residents, diseases and 
chronic illnesses, community services and resources. 
All inservice training and other educational 
experiences shall be documented and kept current. 
(i) All in service training and other educational 
experiences for employees and primary and substitute 
care givers shall be documented and kept current. 
[Eff SEP 182006 ] (Auth: HRS §§321-9, 321-10, 
3 2 1- 11 , 3 2 1-15 . 6 ) ( Imp: HRS § § 3 2 1-10, 3 2 1-11, 3 2 1-15. 6 ) 
§11-100.1-54 General operational policies. In 
addition to the requirements in section 11-100.1-7, the 
Type II ARCH shall have general operational policies on 
the following topics: 
100.1-52 
2 7 
§11-100.1-54 
( 1 ) 
( 2 ) 
( 3 ) 
( 4 ) 
( 5 ) 
( 6 ) 
( 7 ) 
( 8) 
( 9 ) 
( 10 ) 
Nursing services, delegation and staffing 
pattern/ratio; 
Medication administration; 
Drug storage, disposal, safety and quality 
control; 
Medical emergencies, outlining situations or 
circumstances which would warrant contacting 
a registered nurse, physician or emergency 
medical personnel; 
Use of restraints, outlining assessment 
processes, indications for use, monitoring 
and evaluation; 
Resident rights, including system for 
administering resident funds and covered and 
non-covered items; 
Meal planning, food purchase, meal 
preparation and service, and referral and use 
of consultant registered dietitian; 
Abuse, neglect, and exploitation of 
residents, process for reporting and 
investigation; 
Resident assessment indicating assessment 
process, care plan development, evaluation 
and prevention of negative outcomes. 
Procedures will also identify process for 
referral and follow-up when changes in 
resident status occur; and 
Storage and disposal of h~zardous and 
infectious waste. [Eff ~£P 18 2006 ] 
(Auth: HRS §§321-9, 321-10, 321-11, 321-15.6) 
(Imp: HRS §§321-10, 321-11, 321-15.6) 
§11-100.1-55 Nutrition and food sanitation. In 
addition to the requirements in section 11-100.1-13 the 
following 
' ( 1 ) 
( 2 ) 
shall apply to all Type II ARCHs: 
A registered dietitian shall be utilized to 
assist in the planning of menus, and provide 
nutritional assessments for those residents 
identified to be at nutritional risk or on 
special diets. All consultations shall be 
documented; 
All consultant dietitians shall provide 
special diet training for food preparation 
staff and ensure staff competency; and 
100.1-53 
§11-100.1-56 
(3) All Type II ARCHs shall be in compliance with 
Hawaii Administrative Rules Chapter 11-12. 
[Eff ~FP 182006 ] (Auth: HRS §§321-9, 321-
10, 32°'1-lf, 321-15.6) (Imp: HRS §§321-10, 
321-11, 321-15.6) 
§11-100.1-56 Physical environment. (a) In 
addition to the requirements in section 11-100.1-23 , 
all Type II ARCH shall satisfy the requirements of this 
section. 
(b) Type II ARCH that was licensed prior to 1986 
and cannot fully comply with the current county 
building and fire codes shall continue to be licensed 
as long as all residents are ambulatory and the 
ownership remains the same unless the director 
determines that failing to meet the requirements of 
these rules would jeopardize the health and safety of 
the residents in the Type II ARCH. 
(c) Except as provided in subsection (a), Type II 
ARCHs shall be in compliance with the requirements for 
Group I occupancies as defined in the Uniform Building 
Code and as detailed in applicable chapters of the NFPA 
101 Life Safety Code adopted by reference by the state 
fire code and respective county fire codes. Compliance 
shall include but are not limited to the following: 
(1) All exits in Type II ARCHs shall be lighted 
from sunset to sunrise and under other 
conditions required by applicable provisions 
of the state and county fire codes; 
(2) Night lighting shall be provided in hallways 
and bathrooms; and 
(3) An approved secondary source of power 
(generator or battery operated) for emergency 
lighting of exits shall be operational at all 
times. 
(d) The number of occupants in bedrooms shall be 
limited to a maximum of four. 
(e) There shall be: 
(1) One toilet for each eight occupants; 
(2) One bathtub or shower for each fourteen 
occupants; and 
(3) One lavatory for each ten occupants. 
(f) A utility area shall be provided to wash and 
clean garbage containers and for storing garbage, 
trash, and solid waste. 
(g) Storage space shall be provided for janitor's 
supplies and equipment. 
100.1-54 
§11-100.1-56 
(h) If bedpans are used, suitable bedpan flushing 
attachments to existing toilets must be available and 
used. 
(i) A preventive maintenanc~~qg.r~m shall be 
developed and documented. [Eff ~tr 1 ~LU06 ] (Auth: 
HRS § § 3 2 1- 9 , 3 2 1- 1 0 , 3 2 1- 11 , 3 2 1- 1 5 . 6 ) ( Imp : HRS § § 3 2 1-
10, 321-11, 321-15.6) 
§§11-100.1-57 to 11-100.1-77 (Reserved). 
Subchapter 4 
Expanded ARCH 
§ll-100.1-78 Applicability. In addition to the 
requirements in Subchapter 1 Type I ARCH and Subchapter 
2 Type II ARCH, the fol~~g
8
~~~irements will apply 
to expanded ARCHs. [Eff ~tP l LUUO ](Auth: HRS 
§§321-9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
3 2 1-15 . 6 2 ) ( Imp: § § 3 2 1- 9 , 3 2 1-10 , 3 2 1- 11 , 3 2 1-15 . 1 , 
321-15.6, 321-15.61, 321-15.62) 
§11-100.1-79 Purpose. The purpose of this 
subchapter is to establish a category of ARCHs 
quali~ f'S zrnj8we nursing facility level residents. 
[Eff O ] (Auth: HRS §§321-1, 321-9, 
321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
321-15.62) (Imp: HRS §§321-1, 321-9, 321-10, 321-11, 
321-15.1, 321-15.6, 321-15.61, 321-15.62) 
§ll-100.1-80 Licensing. (a) In addition to the 
requirements in section ll-100.l-3(a), every applicant 
for an expanded ARCH license shall be licensed as an 
ARCH and shall have been operating satisfactorily for a 
minimum of six months prior to applying for expanded 
ARCH licensure. 
(b) Each expanded ARCH shall be inspected prior 
to licensure to determine its capability for 
accommodating residents who are not capable of self­
preservation. 
(c) Prior to determining eligibility of an 
applicant, all existing waivers in the ARCH shall be 
subject to review by the department. 
100.1-55 
§11-100.1-81 
(d) Policies and procedures shall be developed by 
the licensee to meet the provisions of this chapter. 
(e) At no time shall the total bed capacity of the 
expanded ARCH exceed the liceRsed capacity under the 
original ARCH license. [Eff ~EP 182001' ] (Auth: 
HRS §§321-1, 321-9, 321-10, 321-11, 32I-15.l, 321-15.6, 
3 21-15. 61, 3 21-15 . 6 2 ) ( Imp: HRS § § 3 21-1, 3 21-9 , 3 21-10 , 
321-11, 321-15.1, 321-15.6, 321-15.61, 321-15.62) 
§ll-100.1-81 Minimum structural requirements. 
(a) In addition to the requirements in section 11-
100.1-23 and section 11-100.1-56, the expanded ARCH 
shall satisfy the requirements of this section. 
(b) All signaling devices shall be approved by 
the department and installed at bedside, in bathrooms, 
toilet rooms, and other areas where expanded ARCH 
residents may be left alone. All such signaling 
devices shall be approved by the department. In 
expanded ARCHs where the primary care giver and 
expanded ARCH residents do not reside on the same floor 
or when other signaling mechanisms are deemed 
inadequate, electronic signaling systems shall be 
installed. 
(c) Every interior door, when locked, shall 
permit opening from the outside with the use of a 
common tool or implement. 
(d) Door locks or other devices shall not be 
installed to restrict the free movement or use of exits 
by the expanded ARCH residents. 
(e) There shall be interior stairways in a multi­
story structure. 
(f) If swimming pools are located on expanded 
ARCH property, there shall be a solid pool cover with a 
key lock approved by the department or a fence six feet 
in height which completely encloses the pool. The pool 
cover shall be locked onto the pool or the gate to the 
pool shall be locked at all times unless the pool is 
being used, in which case, proper supervision of 
expanded ARCH residents shall be provided to assure 
resident safety. [Eff SEP 18 2006 ] (Auth: HRS 
§§321-1, 321-9, 321-10, 321-11, 321-15.1, 321-15.6, 
§ll-100.1-83,321-15.61, 321-15.62) (Imp: HRS §§321-1, 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
321-15.62) 
100.1-56 
§11-100.1-82 
§11-100.1-82 Primary care giver requirements. 
(a) In addition to requirements in section 
ll-100.l-8(a) this section shall apply. 
(b) The primary care giver shall be approved by 
the department to provide special diets. 
(c) The licensee shall provide staff on duty 
twenty four hours of each day sufficient and trained to 
meet the needs of expanded ARCH residents and to carry 
out the responsibilities based on the expanded ARCH 
resident's care plan. 
(d) The licensee shall submit a plan, which must 
be approved by the department detailing the process by 
which the expanded ARCH will arrange for the services 
of a registered nurse and case manager, the role and 
responsibilities of the registered nurse, case manager, 
and care givers and how training of the primary and 
substitute care givers will be ensured. 
(e) Licensees shall submit the name of the 
trained substitute care givers at the time of 
application and as changes occur. 
[ E ff srr, 1 Q ?11nR ] ( Au th: HRS § § 3 21-1 , 3 21-9, 
3 2 1 - 1 0 , 3 2 1 't. 1 , Y.24'.!./l:r_ 5 . 1 , 3 2 1 - 1 5 . 6 , 3 2 1 - 1 5 . 6 1 , 3 2 1 -
15. 62) (Imp: HRS §§321-1, 321-9, 321-10, 321-11, 321-
15. l, 321-15.6, 321-15.61, 321-15.62) 
§11-100.1-83 Personnel and staffing requirements. 
In addition to the requirements in subchapter 2 and 3: 
(1) A registered nurse other than the licensee or 
primary care giver shall train and monitor 
primary care givers and substitutes in 
providing daily personal and specialized care 
to residents as needed to implement their 
care plan; 
(2) The licensee of a Type I expanded ARCH shall 
provide a primary care giver who shall: 
(A) Reside in the expanded ARCH or employ or 
otherwise engage by contract a qualified 
primary care giver in those homes in 
which the licensee does not reside; and 
(B) Be a nurse aide or licensed nurse. 
(3) The licensee of a Type II expanded ARCH shall 
provide primary care givers who shall be at 
least a nurse aide or licensed nurse who may 
reside in the expanded ARCH; 
(4) A substitute care giver who is trained by the 
primary care giver with the assistance of the 
registered nurse or case manager and meets 
100.1-57 
§11-100.1-84 
the requirements as set forth in section 11-
100.1-9, shall take charge of an expanded 
ARCH during an expanded ARCH primary care 
giver's absence or inability to perform 
regular duties; and 
(5) Primary and substitute care givers shall have 
documented evidence of successful completion 
of twelve hours of continuing education 
courses per year on subjects pertinent to the 
management of an expanded ARCH and care of 
expans~p t~nJ.esidents. 
[Eff OLWO ] (Auth: HRS §§321-1, 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 
3 2 1-15 . 6 1, 3 2 1- 15 . 6 2 ) ( Imp: HRS § § 3 2 1-1 , 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 
321-15.61, 321-15.62) 
§11-100.1-84 Admission requirements. (a) 
Licensees of an expanded ARCH shall admit nursing 
facility level residents as determined and certified by 
the resident's physician or APRN. 
(1) A Type I expanded ARCH shall provide services 
to no more than two nursing facility level 
residents at any one time provided that more 
nursing facility level residents may be 
allowed at the discretion of the department; 
and 
(2) A Type II expanded ARCH shall provide 
services to nursing facility level residents 
not to exceed twenty percent of the licensed 
capacity, provided that more nursing facility 
residents may be allowed at the discretion of 
the department; 
provided further that the department shall exercise its 
discretion for a resident presently residing in a Type 
I or Type II home to allow the resident to remain as an 
additional nursing facility resident based upon the 
best interest of the resident. The best interest of 
the resident shall be determined by the department 
after consultation with the resident, the resident 
family, primary physician, case manager, primary care 
giver and home operator. 
(b) Upon admission of a resident, the expanded 
ARCH licensee shall have the following information: 
(1) A current physician's report on the expanded 
ARCH resident's physical examination and 
diagnosis, including mental, functional, and 
100.1-58 
§11-100.1-84 
behavioral status; 
(2) Orders for diet, medication, specialized 
care, or activities signed by the physician; 
(3) Evidence of compliance with the department's 
uniform tuberculosis policy; 
(4) Evidence of current immunizations for 
pneumococcal and influenza as recommended by 
the ACIP; and a written care plan addressing 
resident problems and needs. [ Ef f SEP 1 8 2006 
] (Auth: HRS §§321-1, 321-9, 321-10, 321-11, 
321-15.1, 321-15.6, 321-15.61, 321-15.62) 
(Imp: HRS §§321-1, 321-9, 321-10, 321-11, 
321-15.1,321-15.6, 321-15.61, 321-15.62) 
§11-100.1-85 Transfer and discharge of expanded 
ARCH residents. (a) All transfers and discharges of 
expanded ARCH residents shall be coordinated with the 
resident, resident's family or surrogate, resident's 
case manager, primary care giver or licensee and 
resident's physician or APRN. The licensee or primary 
care giver shall assist with the transfer or discharge. 
(b) If the licensee requests transfer of the 
expanded ARCH resident, a written request stating the 
reason for the transfer shall first be made to the 
resident, resident's family or surrogate, resident's 
case manager and physician or APRN no less than thirty 
days prior to the desired date of transfer. 
(c) Thirty days written notice shall not be 
required for emergency transfers, discharges, or if 
mutually agreed upon by resident, licensee, and case 
manager. 
(d) If the resident, resident's family or 
surrogate wishes to have the resident transferred, 
notice of no less than fourteen days shall be provided 
to the primary care giver. [Eff ~EP 1 g ?OQ6 ] 
{Auth: HRS §§321-1, 321-9, 321-1~, 3tI-i~, 321-15.1, 
321-15.6, 321-15.61, 321-15.62) (Imp: HRS §§321-1, 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
321-15.62) 
§11-100.1-86 Fire safety. (a) A Type I expanded 
ARCH shall be in compliance with existing fire safety 
standards for a Type I ARCH, as provided in 
section ll-100.l-23(b), and the following: 
100.1-59 
§11-100.1-87 
(1) Locking devices for room doors shall be 
readily opened by the occupant from inside 
the room without the use of a key or special 
knowledge. Push button locks shall 
automatically pop open upon turning of the 
doorknob; 
(2) Resident's sleeping room doors shall be self 
closing; 
(3) Fire drills shall be conducted and documented 
at least monthly under varied conditions and 
times of day; 
(4) Hard wired smoke detectors shall be approved 
by a nationally recognized testing laboratory 
and all shall be tested at least monthly to 
assure working order; 
(5) In the residents' area, a hard wired smoke 
detector shall be located in the hallway 
outside of the resident sleeping rooms and 
also in the living/activity room. Hard wired 
or battery operated smoke detectors, or both, 
shall also be located in all resident 
s-leeping rooms; 
(6) In a one-story structure, a hard wired smoke 
detector shall separate the expanded ARCH 
resident area from the care giver's living 
area; and 
(7) In a multi-story home, a hard wired smoke 
detector shall be in the care giver's living 
area or hallway outside the sleeping rooms 
and at the top of the interior stairway 
landing. 
(b) Type II expanded ARCHs shall be in compliance 
with the requirements for Group I occupancies as 
defined in the Uniform Building Code and as detailed in 
applicable chapters of the NFPA 101 Life Safety Code 
adopted by reference by the state fire code and 
respective county fire codes. [ E ff ~r:e 1 ~ 2nnR ] 
(Auth: HRS §§321-1, 321-9, 321-10, ~~1-~r, v321-15.l, 
321-15.6, 321-15.61, 321-15.62) (Imp: HRS §§321-1, 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
321-15.62) 
§11-100.1-87 Personal care services. (a) The 
primary care giver shall provide daily personal care 
and specialized care to an expanded ARCH resident as 
indicated in the care plan. The care plan shall be 
developed as stipulated in section 11-100.1-2 and 
100.1-60 
2 7 
§11-100.1-87 
updated as changes occur in the expanded ARCH 
resident's care needs and required services or 
interventions. 
(b) The expanded ARCH shall provide an ongoing 
program of recreational and social activities designed 
to meet, in accordance with the comprehensive 
assessment, the interests and the physical, mental, 
psycho-social well being of each resident, and shall be 
documented in the care plan. 
(c) The primary care giver shall, in coordination 
with the case manager, make arrangements for each 
expanded ARCH resident to have: 
(1) Annual physical and dental examinations; 
(2) Pneumococcal and influenza vaccines and any 
necessary immunizations following the 
recommendations of the Advisory Committee of 
Immunization Practices (ACIP); and 
(3) Visits to the physician every four months or 
more frequently to ensure adequate medical 
supervision. 
(d) The primary care giver shall have twenty four 
hour access to a physician or APRN and case manager. 
Except for an emergency, whenever the primary care 
giver observes a significant change in the health 
status of the expanded ARCH resident, the primary care 
giver shall promptly notify the resident's physician or 
APRN and case manager. The primary care giver shall 
record this action in the expanded ARCH resident's 
progress notes. 
(e) The primary care giver with the assistance of 
the case manager shall provide training to all 
substitute care givers and ensure that all services and 
interventions indicated in the expanded ARCH resident's 
care plan are provided to expande~,hRCH residents by 
the substitute care giver. [ Ef f ~tP 1 8 2008 ] 
(Auth: HRS §§321-1, 321-9, 321-10, 321-11, 321-15.1, 
321-15.6, 321-15.61, 321-15.62) (Imp: HRS §§321-1, 321-
9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.61, 
321.15.62) 
§11-100.1-88 Case management qualifications and 
services. (a) Case management services shall be 
provided for each expanded ARCH resident to plan, 
locate, coordinate and monitor comprehensive services 
to meet the individual resident's needs based on a 
comprehensive assessment. ,Case management services 
shall be provided by a registered nurse who: 
100.1-61 
§11-100.1-88 
(1) Possesses a bachelor's degree in nursing and 
current license to practice in the State of 
Hawaii; and 
(2) Has at least two years experience with client 
care coordination responsibilities and 
possesses knowledge and skills pertaining to 
the long term care needs of the geriatric 
population. The department may allow 
substitution of two additional years of 
client care coordination experience for a 
bachelor's degree. 
(b) When the care plan goal cannot be met by the 
registered nurse, a social worker shall be available to 
the resident and primary care giver for areas that 
include, but are not limited to, counseling, access to 
community services, financial matters, and behavior 
management. These services shall be provided by a 
social worker who: 
(1) Possesses a master's degree in social work 
and current license to practice in the State 
of Hawaii; and 
(2) Has at least two years experience with client 
care coordination responsibilities and 
possesses knowledge and skills pertaining to 
the long term care needs of the geriatric 
population. The department may allow 
substitution of two additional years of 
client care coordination experience for a 
master's degree. 
(c) Case management services for each expanded 
ARCH resident shall be chosen by the resident, 
resident's family or surrogate in collaboration with 
the primary care giver and physician or APRN. The case 
manager shall: 
(1) Conduct a comprehensive assessment of the 
expanded ARCH resident prior to placement in 
an expanded ARCH, which shall include, but 
not be limited to, physical, mental, 
psychological, social and spiritual aspects; 
(2) Develop an interim care plan for the expanded 
ARCH resident within forty eight hours of 
admission to the expanded ARCH and a care 
plan within seven days of admission. The 
care plan shall be based on a comprehensive 
assessment of the expanded ARCH resident's 
needs and shall address the medical, nursing, 
social, mental, behavioral, recreational, 
dental, emergency care, nutritional, 
100.1-62 
§11-100.1-88 
spiritual, rehabilitative needs of the 
resident and any other specific need of the 
resident. This plan shall identify all 
services to be provided to the expanded ARCH 
resident and shall include, but not be 
limited to, treatment and medication orders 
of the expanded ARCH resident's physician or 
APRN, measurable goals and outcomes for the 
expanded ARCH resident; specific procedures 
for intervention or services required to meet 
the expanded ARCH resident's needs; and the 
names of persons required to perform 
interventions or services required by the 
expanded ARCH resident; 
(3) Review the care plan monthly, or sooner as 
appropriate; 
(4) Update the care plan as changes occur in the 
expanded ARCH resident care needs, services 
and/or interventions; 
(5) Promote continuity of care and appropriate 
integration and utilization of services 
necessary to implement the care plan; 
(6) Coordinate care giver training, hospital 
discharge, respite, home transfers and other 
services as appropriate. Facilitate, 
advocate and mediate for expanded ARCH 
residents, care givers and service providers 
to ensure linkages and provision of quality 
care for the optimal function of the expanded 
ARCH resident; 
(7) Arrange and participate in the expanded ARCH 
resident's case conferences. Ensure that the 
expanded ARCH resident, resident's family or 
surrogate, expanded ARCH resident's physician 
and the primary care giver are represented at 
the case conferences; 
(8) Have face-to-face contacts with the expanded 
ARCH resident at least once every thirty 
days, with more frequent contacts based on 
the resident's needs and the care giver's 
capabilities; 
(9) Provide ongoing evaluation and monitoring of 
the expanded ARCH resident's status, care 
giver's skills, competency and quality of 
services being provided; 
(10) Conduct comprehensive reassessments of the 
expanded ARCH resident every six months or 
sooner as appropriate; 
100.1-63 
§11-100.1-89 
(11) Make arrangements with a case manager and/or 
registered nurse who meets the requirements 
of this subchapter (a) to provide coverage in 
the event that the case manager takes leave 
or is unable to provide services as required 
in this chapter; and 
(12) Inform the department of any change in 
quality of services being provided to the 
expanded ARCH resident. 
Case management services shall be subject to all 
applicable state regulations. 
(d) The department in collaboration with the 
expanded ARCH resident family or surrogate may require 
a change in case management services when it has been 
determined through review of resident records, care 
plans and interventions that the case manager is unable 
to provide adequate services as outlined in this 
subchapter. 
(e) When a change in case management services 
occurs, the new case manager shall perform a 
comprehensive reassessment of the expanded ARCH 
resident, review the care plan and make necessary 
amendments. The expanded ARCH resident, resident's 
family or surrogate, physician or APRN and primary care 
giver shall be notified if a change in case management 
~:~v~~;~ 1~~, c~~1~;~
1
;~~~io, [~~i-1 fEP3J1~?qJJ.Si, 12 i~~~~ ~, 
3 2 1- 1 5 . 6 1 , 3 2 1- 15 . 6 2 ) ( Imp : HRS § § 3 2 1- 1 , 3 2 1- 9 , 3 2 1-1 0 , 
321-11, 321-15.1, 321-15.6, 321-15.61, 321-15.62) 
§ll-100.1-89 Medications. In addition to the 
requirements in subchapter 2 and subchapter 3, the 
following shall apply to an expanded ARCH: 
(1) Injectable medications shall be administered 
by a licensed nurse, unless physician orders 
permit an expanded ARCH resident to self­
inject. The registered nurse case manager 
may delegate this task according to rules 
established by the Board of Nursing. The 
licensee or primary care giver shall maintain 
written policies and procedures outlining 
this responsibility; and 
(2) The primary care giver shall obtain training, 
relevant information, and regular monitoring 
from the expanded ARCH resident's physician, 
a home health agency, or a registered nurse 
100.1-64 
§11-100.1-89 
case manager for any and all specific 
medications that the expanded ARCH resident 
requires. [Eff SEP J 8 ?nm; 1 (Auth: HRS 
§ § 3 2 1 - 1 , 3 2 1- 9 , 3 2 1 - 1 , J11 - 11 , 3 2 1- 1 5 . 1 , 
3 2 1- 15 . 6 , 3 2 1- 15 . 6 1 , 3 2 1- 15 . 6 2 ) ( Imp : HRS 
§§321-1, 321-9, 321-10, 321-11, 321-15.1, 
321-15.6, 321-15.61, 321-15.62) 
§11-100.1-90 Expanded ARCH resident's rights. In 
addition to the resident's rights in section 11-100.1-
21, the expanded ARCH resident shall have the right to: 
(1) Be fully informed, orally and in writing, 
prior to or at the time of admission, of 
individual rights and responsibilities and of 
all rules governing expanded ARCH resident 
conduct. There shall be documentation that a 
copy of this document has been received, 
acknowledged, and signed by the expanded ARCH 
resident, expanded ARCH resident's family, 
legal guardian, surrogate or representative. 
Should the resident require the assistance of 
an interpreter~ the licensee shall ensure 
that interpreter services including but not 
limited to translation, sign language or 
visual services are provided; 
(2) Immediate transfer effected through the case 
manager, when the expanded ARCH resident's 
health and safety is threatened, which shall 
trigger a waiver of the thirty day minimum 
notice requirement for transfers or 
discharges; 
(3) Immediate transfer effected through the case 
manager, when the expanded ARCH resident's 
health and safety is threatened, which shall 
trigger a waiver of the fourteen day minimum 
notice requirement for transfers, requested 
by the resident, the resident's family or 
surrogate; 
(4) Choose a primary physician or APRN and case 
manager; and 
(5) Be afforded privacy curtains or screens when 
required to share a room with another 
resident. [Eff crp 1 8 znnR ] (Auth: HRS 
§ § 3 2 1 - 1 , 3 2 1 - 9 , 3-2--1! - l'0 , ~'t"L - 1 1 , 3 2 1 - 1 5 . 1 , 
3 2 1- 1 5 . 6 , 3 2 1- 1 5 . 6 1 , 3 2 1- 1 5 . 6 2 ) ( Imp : HRS 
§§321-1, 321-9, 321-10, 321-11, 321-15.1, 
321-15.6, 321-15.61, 321-15.62) 
100.1-65 
Subchapter 5 
Professional Misconduct 
§11-100.1-91 
§11-100.1-91 Professional misconduct. (a) The 
department shall take action, as specified in 
subchapter 6, against any licensee, primary care giver 
or substitute care giver who is guilty of misconduct or 
employs or houses any persons guilty of misconduct that 
has been brought to the department's attention. 
(b) Misconduct includes, but is not limited to, 
the following: 
(1) Procurement of license by fraud or 
misrepresentation; 
(2) Gross negligence; 
(3) Repeated negligent acts; 
(4) Mental or clinical incompetence; 
(5) Any conduct that has endangered or is likely 
to endanger the health, safety, or welfare of 
the residents; 
(6) Habitual intemperance in the use of alcohol 
or drugs; 
(7) Conviction of a crime which is substantially 
related to the qualifications, functions, or 
duties of an individual providing care to 
residents; 
(8) The conviction of a felony or misdemeanor, or 
petty misdemeanor involving moral turpitude, 
dishonesty, or corruption, whether or not the 
act is committed in the course of the 
individual's activities as one providing care 
to residents. The department may order a 
license to be suspended, limited or revoked, 
or may decline to issue a 
license when the time for appeal has elapsed, 
or when the judgment of conviction has been 
confirmed on appeal; 
(9) Violation of any law regulating the 
dispensing or administration of narcotics, 
dangerous drugs, or controlled substances; 
(10) Violating or attempting to violate, directly 
or indirectly, or assisting in, or abetting 
in, the violation of, or conspiring to 
violate any provision or term of chapter 321, 
HRS, this chapter, or any lawful order of the 
department; 
(11) Making or giving false statement of 
information in connection with an application 
for issuance of a license; 
100.1-66 
§11-100.1-91 
( 12 ) 
( 13 ) 
Aiding or abetting an unlicensed person to 
operate an ARCH or expanded ARCH as defined 
by chapter 321, HRS, and this chapter; and 
Conduct or character likely$~~ deceive or 
defraud the public. [Eff tt> 18 20Ufi ] 
(Auth: HRS §§321-9, 321-10, 321-11, 321-15.6, 
321-15.61, 321-15.62) (Imp: HRS §§321-9, 321-
10, 321-11, 321-15.6, 321-15.61, 321-15.62) 
Subchapter 6 
Administrative Enforcement 
§11-100.1-92 Enforcement. (a) If the department 
determines that any person has violated any provision 
of this chapter, any provision of chapter 321, HRS, or 
any term or condition of a license issued pursuant to 
this chapter, the department shall do one or more of 
the following: 
(1) Issue an order assessing an administrative 
penalty for any past or current violation; or 
(2) Require compliance immediately or within a 
specific time. 
(b) Any order issued pursuant to this section may 
include a suspension, modification, or revocation of 
any license issued pursuant to this chapter and any 
administrative penalty assessed in accordance with 
section 321-20, HRS. The order shall state with 
reasonable specificity the nature of the violation, the 
legal bases for the findings of violation, and the 
right to request an administrative hearing and retain 
legal counsel. The order shall be provided to the 
alleged violator by certified mail. 
(c) Any order issued under this chapter shall 
become final, unless not later than twenty days after 
receipt of the notice of order by certified mail, the 
alleged violator requests in writing a hearing before 
the director. Any penalty imposed under this chapter 
shall become due and payable twenty days after receipt 
of the notice of order by certified mail unless the 
alleged violator requests in writing a hearing before 
the director. Whenever a hearing is requested on any 
penalty imposed under this chapter, the penalty shall 
become due and payable only upon completion of all 
review proceedings and the issuance of a final order 
confirming the penalty in whole or in part. Upon 
100.1-67 
§11-100.1-93 
request for a hearing, the director or director's 
designee shall require that the alleged violator appear 
before the director for a hearing at a time and place 
specified in a notice of hearing and answer the charges 
complained of. 
(d) Any hearing conducted under this section 
shall be conducted as a contested case hearing under 
chapter 91, HRS. If after a hearing held pursuant to 
this section, the director or the director's designee 
finds that the violation or violations have occurred, 
the director or the director"s designee shall affirm or 
modify any penalties imposed or shall modify or affirm 
the order previously issued or issue an appropriate 
order or orders. If, after the hearing on an order or 
penalty contained in a notice, the director or the 
director"s designee finds that no violation has 
occurred or is occurring, the director or the 
director"s designee shall rescind the order or penalty 
or both. 
(e) Nothing in this section shall be construed to 
limit other penalties provided elsewhere. 
[Eff SEP 182MA ] (Auth: HRS §§321-9, 321-10, 321-
11 , 3 2 1 - 1 5 . 6 , '"'j"J 1 - 1 5 . 7 , 3 2 1- 1 5 . 6 1 , 3 2 1 - 1 5 . 6 2 , 3 2 1- 2 0 ) 
(Imp: HRS §§321-9, 321-10, 321-11, 321-15.6, 321-15.7, 
321-15.61, 321-15.62, 321-20) 
§11-100.1-93 Emergency procedures. (a) If the 
department determines that the licensee, primary care 
giver, staff or other household member has subjected a 
resident to abuse, neglect, or financial exploitation, 
the department at its discretion may order the 
immediate discontinuance of the ARCH or expanded ARCH 
and revoke the license issued pursuant to this chapter. 
The order shall be immediately effective and shall 
designate the date for the discontinuance of the ARCH 
6r expanded ARCH. The department shall provide written 
notice of the order to the licensee by certified mail 
prior to the date of discontinuance. The department 
may assist in the coordination and arrangement for 
orderly transfer and discharge of residents. 
(b) The department shall provide an opportunity 
for a hearing within twenty four hours after service of 
the order. If a hearing is not provided as requested, 
a stay in the department's decision will be provided 
until a hearing can be conducted. 
100.1-68 
§11-100.1-93 
(c) Any hearing conducted under this section 
shall be conducted as a contested case hearing under 
chapter 91, HRS. If after a hearing held pursuant to 
this section, the director finds that the violation or 
violations have occurred, the director shall affirm or 
modify any penalties imposed or shall modify or affirm 
the order previously issued or issue an appropriate 
order or orders as may be appropriate. If, after the 
hearing on an order or penalty contained in a notice, 
the director finds that no violation has occurred or is 
occurring, the director ~lJ.nr~~ind the order or 
penalty or both. [Eff ~t~ loLUUO ] (Auth: HRS 
§§321-9, 321-10, 321-11, 321-15.6, 321-15.7, 321-15.61, 
321-15.62) (Imp: HRS §§321-9, 321-10, 321-11, 321-15.6, 
321-15.7, 321-15.61, 321-15.62) 
§11-100.1-94 Penalties. In addition to any other 
action to enforce these rules, the director may 
initiate procedures for invoking penalties as provided 
in chapter 321, HRS. [Eff ~EP J ~7flllR ] (Auth: HRS 
§§321-9, 321-10, 321-11, 32r-15.b,~311-15.7, 321-15.61, 
321-15.62, 321-18) (Imp: HRS §§321-9, 321-10, 321-11, 
321-15.6, 321-15.7, 321-15.61, 321-15.62, 321-18) 
§11-100.1-95 Severability. If any provision of 
this chapter or the application thereof to any person 
or circumstance is held invalid, the remainder of this 
chapter, or the application of the provision to other 
persons or circu,mstance~~shall not be affected 
thereby. [Eff ~EP l 8wuo ] (Auth: HRS §§321-1, 
321-9, 321-10, 321-11, 321-15.1, 321-15.6, 321-15.7, 
321-15.61, 321-15.62) (Imp: HRS §§321-1, 321-9, 321-10, 
321-11, 321-15.1, 321-15.6, 321-15.7, 321-15.61, 
321-15.62) 
§11-100.-96 Transition. Adult residential care 
homes licensed at the time of adoption of these rules 
shall have a period of nine months to institute 
required changes or requirements as set forth in this 
chapter. 
100.1-69 
2 7 
DEPARTMENT OF HEALTH 
The repeal of chapter 11-100 and chapter 101, and 
the adoption of chapter 11-100.1 Hawaii Administrative 
Rules, on the Summary Page dated ~JL 2 't 2006 , 
following public hearings held on April 15, 2003 via 
video conferencing at (1) Kakuhihewa State Office 
Building, Kapolei, Hawaii; (2) Keoni Ana Building, 
Honolulu, Hawaii; (3) Hilo State Office Building, Hilo, 
Hawaii; (4) Lihue State Office Building, Lihue, Hawaii; 
and (5) Wailuku Judiciary Building, Wailuku, Hawaii, 
after a public notice was published on March 12 
and 14, 2003 in the West Hawaii Today, Hawaii Tribune, 
Maui News, Garden Island and Honolulu Advertiser. 
The repeal of chapters 11-100 and 11-101, Hawaii 
Administrative Rules, and the adoption of chapter 11-
100.1, Hawaii Administrative Rules, shall take effect 
ten days after filing with the Office of the Lieutenant 
Governor. 
M.D. 
of Health 
APPROVED: 
LIND~ 
Governor 
State of Hawaii 
Date: SEP - ti 2006 
APPROVED AS TO FORM: 
~;t~ D ~ttorneyGeral 
Filed: 
100.1-70 
r