Relating To Amending Section 323d-54, Hawaii Revised Statutes, To Exempt The Department Of Health From Certificate Of Need Requirements.
Summary
HB1104 amends Hawaii Revised Statutes section 323D-54, which lists exemptions from the state certificate of need (CON) process. The bill adds a new exemption for health care facilities operated by, or services provided by, the Department of Health. In practical terms, this would allow the Department of Health to develop or provide certain health care facilities and services without first obtaining a certificate of need from the State Health Planning and Development Agency.
The bill is narrow in scope and does not change the broader CON framework; it simply expands the list of entities and projects that are already exempt. The amendment would place Department of Health-operated facilities and services alongside other exempt categories such as private practitioner offices, laboratories, dental clinics, assisted living facilities, and projects required to meet safety or court-order obligations. The bill takes effect upon approval.
Impact
HB1104 would directly amend section 323D-54, HRS, by adding the Department of Health to the statutory list of certificate of need exemptions. This would reduce regulatory review requirements for DOH-operated health care facilities and DOH-provided services, potentially speeding implementation of public health projects and reducing administrative burden. It would affect the Department of Health and the State Health Planning and Development Agency’s CON review process, but it would not eliminate CON requirements for private providers or other facilities not covered by the new exemption.
Sentiment
The available record shows no committee transcripts, recorded votes, or other discussion, so there is no documented debate to indicate support or opposition. Based on the bill text and report description, the measure appears administrative and targeted, suggesting a likely practical rather than ideological purpose. The bill was introduced by request, which often indicates agency-backed legislation.
Contention
No specific points of contention are documented in the provided materials. If concerns were raised, they would likely center on whether exempting the Department of Health from certificate of need review could reduce oversight, alter health planning controls, or create a precedent for additional exemptions. Supporters would likely emphasize efficiency, flexibility, and the ability of the Department of Health to carry out public health functions without delay.