2023 Hawaii Revised Statutes
Title 19. Health
321. Department of Health
321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.
§321-487 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. [L 2018, c 148, pt of §1; am L 2023, c 255, §2]
