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HAR 11-97.1

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Home Health Agencies

Jurisdiction: HI Agency: Hawaii Department of Health
HOME_HEALTH (100%)
Plain-English summary

This Hawaii Administrative Rules chapter establishes licensing requirements for home health agencies in Hawaii, replacing the prior Chapter 11-97. Operators must obtain and renew a license from the Department of Health every two years, maintain governance and administrative structures, follow policies and procedures for patient care services, uphold patients' rights, and maintain an emergency preparedness plan. Violations are subject to administrative proceedings, and the director may suspend or revoke licenses for failure to meet chapter requirements.

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Regulation text
DEPARTMENT OF HEALTH 
Repeal of Chapter 11-97, "Home Health Agencies" 
and the 
Adoption of Chapter 11-97.1, "Home Health Agencies", 
Hawaii Administrative Rules 
September 16, 2022 
SUMMARY 
1. Chapter 11-97, Hawaii Administrative Rules,
entitled "Home Health Agencies'', is repealed. 
2. Chapter 11-97.1, Hawaii Administrative
Rules, entitled "Home Health Agencies", is adopted.
§11-97.1-1 
§11-97.1-1 
§11-97.1-2 
§11-97.1-3 
§11-97.1-4 
§11-97.1-5 
§11-97.1-6 
§11-97.1-7 
§11-97.1-8 
§11-97.1-9 
§11-97.1-10 
HAWAII ADMINISTRATIVE RULES 
TITLE 11 
DEPARTMENT OF HEALTH 
CHAPTER 97.1 
HOME HEALTH AGENCIES 
Definitions 
Legal authorization to operate 
License 
License Revocation 
Governance and administration 
Policies and procedures and standards 
Patients' rights 
Emergency preparedness 
Enforcement and remedies 
Validity 
§11-97.1-1 Definitions as used in the chapter: 
"Administrator" means the person responsible for 
the administration of the organization of which the 
home health agency is a part. 
"Advance practice registered nurse" or "APRN" 
means a person having a valid license from the state 
of Hawaii as an advance practice registered nurse wi th 
prescriptive authority or a person employed by the 
United States Department of Veterans Affairs or "VA" 
who has an active, current, full, and unrestricted 
license in another state and who provides care to a VA 
beneficiary within the scope of their VA employment. 
"Clinical manager" means a person having a valid 
license from the state of Hawaii as a licensed 
physician, APRN, physician assistant, physical 
therapist, speech pathologist, occupational therapist, 
97 . 1-1 
§11-97.1-1 
audiologist, social worker, or registered nurse and 
responsible to provide oversight of all patient care 
services and personnel. 
"Department" means the department of health, 
State of Hawaii. 
"Director" means the director of health for the 
department of health, State of Hawaii, or a duly 
authorized agent. 
"Homebound patient" means a person who because of 
a condition due to illness or injury is restricted in 
his ability to leave his place of residence except 
with the aid of supportive devices such as, crutches, 
canes, wheelchairs, walkers, use of special 
transportation, or the assistance of another person; 
or a person who has a condition which is such that 
leaving his home is medically contraindicated. 
"Home health agency" means a public or 
proprietary agency, a private nonprofit organization, 
or a subdivision of such agency or organization which 
is licensed by the department to provide home health 
services. A licensed home health agency may provide 
home health services to a VA beneficiary under the 
care of a VA physician, VA APRN, VA nurse 
practitioner, or VA physician assistant practicing 
within the scope of their VA employment. 
"Home health agency clinical manager" means the 
person responsible and accountable for the functioning 
of the agency and the services provided. 
"Home health aide" means a person who has 
successfully completed the basic prescribed nurse aide 
or an equivalent course, with additional training and 
supervision to prepare the person for this role. 
"Home health services" means skilled nursing 
services and at least one other therap e utic service 
such as physical therapy, speech language pathology, 
occupational therapy, medical social services, or home 
health aide services provided on a visiting basis, in 
a place of residence used a s a patient's home to a 
homebound patient. Home health services include at 
least one of the servic e s de scribed herein directly 
97 . 1- 2 
§11-97.1-1 
but may provide the second service and additional 
services under arrangement with another agency or 
organization. 
"Licensed practical nurse" means a person having 
a valid license from the state of Hawaii as a licensed 
practical nurse. 
"Nurse practitioner" means a person having a 
valid license from the state of Hawaii as an advance 
practice registered nurse. 
"Occupational therapist" means a person having a 
valid license from the state of Hawaii as an 
occupational therapist. 
"Occupational therapy assistant" means a person 
who has a valid license from the state of Hawaii as an 
occupational therapy assistant . 
"Physician assistant" means a person having a 
valid license from the state of Hawaii as a physician 
assistant. 
"Physical therapist" means a person having a 
valid license from the state of Hawaii as a physical 
therapist. 
"Physical therapy assistant" means a person who 
has a valid license from the state of Hawaii as a 
physical therapy assistant. 
"Physician" means a person having a valid licens e 
from the state of Hawaii as a physician or surgeon or 
a person employed by the VA who has an active, 
current, full, and unrestricted license in another 
state and who provides care to a VA beneficiary with i n 
the scope of their VA employment. 
"Proprietary agency or organization" means a 
private agency or organization not exempt from income 
taxation under Section 501C of Internal Revenue Code 
of 1954. 
"Public agency or private non-profit agency" 
means an agency exempt from income taxation under 
Section 501C of the Internal Revenue Code of 1954. 
"Registered nurse" means a person who has a 
license from the state of Hawaii as a registered 
nurse. 
97. 1-3 
§11-97.1-3 
"Social worker" means a person who has a license 
from the state of Hawaii as a social worker and 
includes social worker, bachelor social worker, and 
clinical social worker. 
"Speech therapist" or "speech pathologist" or 
"audiologist" means a person who has a license from 
the state of Hawaii as a spee~hlt~~i:M)ist or 
audiologist. [Eff. SEI"' 0 lUll ] (Auth: HRS 
Sec. 321-11, 38 CFR 17.415, 38 CFR 17.417, 38 CFR 
17. 419) (Imp: HRS Sec. 321-11) 
§11-97.1-2 Legal authorization to operate. A 
home health agency and, in cases where the home health 
agency is a part of a larger organization, shall at all 
times comply with the laws of the state of Hawaii and 
shall, whenever required by the director, submit to the 
director evidence of compliance therewith. Such 
evidence shall include but not be limited to, copies of 
licenses, certificates, permits, or other 
authorizations required by the laws of the state of 
Hawaii. [ Ef f. SEP 1 6 2022 ] (Auth: HRS Sec. 
321-11) (Imp: HRS Sec. 321-11) 
§11-97.1-3 License. (a) It is unlawful for any 
person, to conduct, maintain, operate, or permit to be 
maintained or operated, or to participate in 
conducting, maintaining, or operating a home health 
agency, unless the home health agency is licensed by 
the director. 
(b) Any person, organization or corporation 
desiring to operate a home health agency shall make 
application to the director for a license on forms 
provided by the department. The director shall issue a 
license if the proposed home health agency meets the 
requirements under this chapter. 
(c) A license, unless sooner suspended or 
revoked, shall be renewed every two years on date, or 
within 30 days thereafter. Application for renewal of 
license shall be made by the home health agency thirty 
97 . 1-4 
§11-97 .1-3 
days prior to the expiration date of the license. If 
an application for renewal is not filed, such license 
shall be automatically cancelled as of the expiration 
date. 
(d) Each license shall be issued only for the 
home health agency named in the application, shall be 
for a single contiguous geographic location, and shall 
not be transferable nor assignable to any other agency 
or person. 
(e) The license issued by the director shall be 
posted in a conspicuous place on the premises of the 
home health agency. 
(f) A home health agency shall notify each 
patient concerned and the patient's physician, APRN, 
or physician assistant directly at least thirty days 
prior to the voluntary surrender of its license or as 
directed under any order of revocation or suspension 
of license by the department. The license shal l be 
promptly surrendered to the department when revoked, 
suspended or when the home health agency terminates 
services. 
(g) Unannounced inspections or visits may be 
made to a home health agency at any time by authorized 
staff of the department. [Eff. SEP 1 6 2022 ] 
(Auth: HRS Sec. 321-11) (Imp: HRS Sec. 321-11) 
§11-97.1-4 Licensure revocation. (a) The 
director, after due not ice and an opportunity for a 
hearing, may suspend, revoke, or refuse to issue or 
renew a license to any person because of failure to meet 
the requirements of this chapter. 
(b) Any person affected by the director's decision 
for denial, suspension, or revocation, may appeal in 
accordance with the law. [Eff. SEP 1 6 2022 
(Auth: HRS Sec. 3 21-11) (Imp: HRS Sec. 321-11) 
§11-97 .1-5 Governance and administra t ion. (a) A 
governing body or designated persons func ti on i ng as a 
governing body shall have full legal autho ri ty a nd 
97 . 1- 5 
§11-97.1-6 
responsibility for the agency's overall management and 
operation, the provision of all home health services, 
fiscal operations, review of the agency's budget and 
its operational plans, and its quality assessment and 
performance improvement program. 
(b) Minutes shall be kept of all meetings of 
the governing body. 
(c) An administrator shall be appointed by and 
report to the governing body and be responsible for 
the administration of the home health agency to 
include but not be limited to the following: 
(1) Responsible for all day to day 
operations of the home health agency, 
(2) Ensure that a clinical manager is 
available during all operating hours, 
(3) Ensure that the home health agency 
employs qualified personnel, including 
assuring the development of personnel 
qualifications and policies. 
(d) When the administrator is not available, a 
qualified, pre-designated person, who is authorized in 
writing by the administrator and the governing body, 
assumes the same responsibilities and obligations as 
the administrator. The pre-designated person may be 
the clinical manager. 
(e) A qualified individual shall serve as 
clinical manager and provide oversight of all patient 
care services and personnel. 
§11-97.1-6 Policies and procedures and 
standards. (a) A satisfactory statement of policy of 
the home health agency, including the scope of 
services, the conditions under which they are offered, 
and the geographic coverage, shall be available to the 
department upon request. 
(b) Services provided by the home health agency 
shall be available to any qualified patient in a home 
setting in the geographic area of the home health 
agency regardless of race, color, or national origin. 
Contracts with other agencies to provide services 
97.1-6 
§11-97. 1-6 
shall be approved by authorized persons of agencies 
involved. 
(c) The basic services of nursing shall be 
provided by the home health agency. 
(d) Policies governing medical services shall be 
provided through a governing body or designated 
persons functioning as a governing body. 
(e) Policies governing nursing and other 
therapeutic services shall be provided through the 
governing body or an advisory committee which shall 
include a minimum of at least a practicing physician 
or APRN or physician's assistant, and a registered 
nurse, a representative of other professional services 
such as dietary, occupational therapy, physical 
therapy, social work, or speech therapy, and community 
members who are aware of the needs of the community. 
The policies recommended by such committee shall meet 
current and acceptable professional practices. Minutes 
shall be kept of all meetings. 
(f) Nursing and other therapeutic service 
policies shall be established and include but not be 
limited to: 
( 1) 
( 2) 
(3) 
( 4) 
Nursing and other therapeutic 
services provided shall be in 
accordance with the physician's or 
APRN's or physician's assistant's 
written order and plan of treatment. 
The nurses, therapists, social 
workers, aide, or staff members 
rendering services shall meet 
qualifications prescribed in the 
definitions of this chapter. 
A home health agency provides nursing 
services, and at least one other 
therapeutic service such as physical 
therapy, occupational therapy, or 
speech therapy consistent with the 
definition of home health services. 
When a home health agency does not 
provide all the nursing or 
therapeutic services specified above, 
97 . 1-7 
§11-97 .1-6 
it shall include in its written 
policies which govern such services, a 
plan for identifying, utilizing and 
cooperating with other resources and 
facilities including community social 
agencies for the purpose of providing 
such services to patients. The home 
health agency may arrange for the 
services which it does not provide by 
written agreements with other licensed 
home health agencies or by contracts 
with health professionals who shall 
meet the requirements of this chapter. 
(g) Medical records. 
(1) A clinical record for each patient 
shall be maintained based on 
standards acceptable to the 
department; 
(2) All staff responsible for specific 
professional aspects of care to a 
patient shall record in the patient's 
record information about the services 
rendered. 
(h) Establishment and review plan of treatment. 
(1) A home health agency shall establish 
policies and procedures for assuring 
that care services t o be provided are 
specified under the plan of treatment 
ordered, established, and regularly 
signed by the physician or APRN or 
physician assistant responsible for 
the care of the patient. 
(2) The plan of treatment ordered by the 
physician or APRN or physician 
assistant shall be signed by the 
physician or APRN o r physician 
assistant responsible for the 
patient and incorporated into the 
' patient's medica l record. 
(3) The total plan shall be reviewed by the 
attending physician or APRN or 
97.1-8 
§11-97. 1-6 
( i) 
physician assistant, in consultation 
with the agency's professiona l 
personnel at such intervals as the 
severity of the patient's condition may 
require, but not less than once every 
two months. 
(4) The professional staff shall bring to 
the attention of the patient's 
physician or APRN or physician 
assistant changes in the patient's 
condition which may indicate the need 
for altering the treatment plan or 
for the termination of service or 
services. 
(5) Only the attending physician or APRN 
or physician assistant shall 
terminate services. Upon 
termination of services, the 
physician or APRN or physician 
assistant shall prepare or approve a 
written discharge summary which 
includes reasons for termination of 
services, the patient's medical 
condition upon discharge and a 
summary of the course of the 
patient's illness. 
(6) All orders shall be signed by the 
physician or APRN or physician 
assistant. 
(7) When verbal orders are received by the 
professional nurse or other 
professional disciplines they shall be 
signed by the ph ysician or APRN or 
physician assistant within a 
Home 
(1) 
reasonable period of time. 
health agency shall provide: 
Written job descriptions which 
specify the qualifications and 
experience of each category of health 
97 . 1- 9 
§11-97.1-6 
personnel and the type of activity 
each category of health personnel may 
perform; 
(2) Written personnel policies to each 
staff member; and 
(3) A plan for a pre-employment and 
periodic medical examination, 
tuberculosis testing and/or chest x­
ray and other appropriate tests and 
immunizations for all home health 
agency personnel 
(j) Home health agency shall provide for all 
personnel rendering service to patients, a planned 
program of orientation to the agency's policies and 
objectives and a continuous in service educati o n 
program. 
(k) Maintenance of records and reports. 
(1) Clinical records, service reports, 
fiscal reports, job descriptions, 
personnel reports, personnel pol ici es 
and rosters, cost accounting data, 
committee reports, statements of 
policies, and such other records and 
reports as may be required shall be 
kept on file in the agency's office. 
(2) When a home health agency is a 
subdivision of a parent agency or 
organization, the fiscal accounting 
system shall be maintained in such a 
method to permit the costs of the home 
health agency to be easily 
identifiable. 
(3) Home health agency shall keep 
confidential all medical, nursing, 
paramedical, therapeutical, personnel, 
and financial information relating to 
each patient and make such available 
only to authorized persons. 
(1) A home health agency shall develop, 
implement, evaluate, and maintain an effective, 
ongoing, agency-wide, data-driven quality assessment 
97.1-10 
§11-97.1-6 
and performance improvement program that reflects the 
complexity of its organization and services, involves 
all services including those services provided under 
contract or arrangement, focuses on indicators 
related to improved outcomes, and shall maintain 
documentary evidence of its quality assessment and 
performance improvement program. 
(m) A home health agency shall follow accepted 
standards of practice, including the use of standard 
precautions, to prevent the transmission of 
infections and communicable diseases. 
(n) A home health agency shall provide a 
periodic evaluation of employee performance. 
(o) The director may approve a modification of 
standards for a home health agency when exceptional 
circumstances warrant such modification. 
[Eff. SEP 1 6 2022 ] (Auth: HRS Sec. 321-11) 
(Imp: HRS Sec. 321-11) 
§11-97.1-7 Patients' rights. (a) Be free from 
verbal, mental, sexual, or physical abuse, includ i ng 
injuries of unknown source, neglect, and 
misappropriation of property. 
(b) Be advised of the state toll free home health 
telephone hotline, it's contact information, its hours 
of operation, and that its purpose is to receive 
complaints or questions about local home health 
agencies. 
(c) Be provided written notice of patient's 
rights a~d responsibilities. 
(d) To have complaints made by a patient, the 
patient's representative, or the patient's caregiver 
or family investigated in a timely manner and §EP 
informed of the investigation results. (Eff. 1 6 ?022 
(Auth: HRS Sec. 321-11) (Imp: HRS Sec. 321-11) 
97.1-11 
§11-97.1-9 
§11-97.1-8 Emergency preparedness. A home 
health agency shall develop and maintain an emergency 
preparedness plan that must be reviewed and updated at 
least every two (2) years and includes but is not 
limited to: 
(1) Addressing patient population, the types of 
services the agency has the ability to 
provide in an emergency, and continuity of 
operations; 
(2) Development and implementation of emergency 
preparedness policies and procedures based 
on natural or man made disasters; 
(3) Procedures to follow with on-duty staff and 
patients to determine services that are 
needed in the event of an interruption in 
services during or due to an emergency; and 
(4) Development and maintenance of an emergency 
preparedness communication plan that 
includes but is not limited to names and 
contact information for staff, entities 
providing services under arrangement, 
patients' physicians, APRN, or physician's 
assistant, and volunteers, and a method for 
sharing information and medical 
documentation for patients under the 
agency's care with other health providers to 
maintain the continuity of care, and a means 
of providing information about the general 
condition and location of patients under the 
agency's care. 
§11-97.1-9 Enforcement and remedies. A person 
who violates any requirement of this chapter shall be 
subject to administrat~'f1>,r8Cffifings pursuant to HRS 
Sec. 321-20. [Eff. ] (Auth: HRS Sec. 
321-20) (Imp: HRS Sec. 321-20) 
97.1-12 
§11-97.1-10 
§11-97.1-10 Validity. If any provisions of 
this chapter or the application thereof to any 
person or circumstances is held invalid, the 
remainder of this chapter, or the application of the 
provision to other persons or circuitpajc~~Ozfhall 
not be affected thereby. [Eff. ] 
(Auth: HRS Sec. 321-11) (Imp: HRS Sec. 321-1 1 ) 
97.1-13 
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DEPARTMENT OF HEALTH 
The repeal of chapter 11-97 and the adoption of 
chapter 11-97.1, Hawaii Administrative Rules, on the 
Summary Page dated ________________ , were 
adopted on ______________ , following public 
hearings held on __________ at 
after a public notice was published on 
in the 
The repeal of chapter 11-97, Hawaii 
Administrative Rules and the adoption of chapter 11-
97.1, Hawaii Administrative Rules, shall take effect 
ten days after filing with the Office of the 
Lieutenant Governor. 
II'\ 
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APPROVED AS TO FORM: 
ELIZABETH A. CHAR, M.D. 
Director 
Department of Health 
APPROVED: 
DAVID Y.~ 
Governor 
State of Hawaii 
Date: SEP o 6 2022 
Deptyl\ttorney General 
JUL 2 9 2022 
Filed 
97.1-14