HRS §321-487
Fines for sending patients to unlicensed care homes
This law makes it illegal to knowingly send patients to a care facility that lacks the required license or certificate. The state can fine the person or company that does this. There are some situations where no fine is given, like if the patient asks for it or the facility loses its license later.
businesses
The statute, as written — Referral or transfers to uncertified or unlicensed care facility; penalty
(a) It shall be unlawful for any person, corporation, or entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any person, corporation, or entity that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that "knowingly" includes but is not limited to failing to determine whether the care home, agency, or facility has the required certificate or license; provided further that the fine shall be not more than: (1) $500 for the first violation; (2) $1,000 for the second violation; and (3) $2,000 for the third and each succeeding violation. (b) Notwithstanding subsection (a) to the contrary, the healthcare provider or healthcare facility shall not be fined under this section if: (1) A patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility; (2) The care facility becomes uncertified or unlicensed after a referral or transfer; or (3) The healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility, without actual proof or knowledge that the care facility is uncertified or unlicensed.
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