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GM 1205

Informing the Legislature that on June 8, 2026, the Governor signed the following bill into law: SB2272 SD1 HD2 CD1 (ACT 105).

2026 Regular Session

Hawaii may exempt CMS-accredited home health agencies from ongoing state inspections if they maintain federal accreditation, a current state license, and provide certified accredit

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Bill Summary · GM 1205

Summary of Bill GM 1205 (HB 2272 SD1 HD2 CD1) — Hawaii, 2026

Purpose and intent

  • The act authorizes the Hawaii Department of Health (DOH) to recognize accreditation or certification from CMS-approved accreditation or certification organizations as demonstration that a licensed home health agency is in compliance with all state licensing inspections.
  • The overarching goal is to streamline regulatory oversight while maintaining alignment with federal standards (Title XVIII of the Social Security Act).

Key provisions and changes

  • Section 1: Purpose

    • Establishes that the DOH may accept accreditation or certification from CMS-approved organizations as evidence that a licensed home health agency complies with all required state licensing inspections.

  • Section 2: Section 321-91, Hawaii Revised Statutes (Program of home health services)

    • (a) Reaffirms DOH authority to establish and administer a home health services program under Title XVIII, defining home health services to include professional nursing, therapies, medical social services, and home health aide services.
    • (b) Licensure and accreditation pathway:
    • A home health agency licensed by DOH and accredited/certified by a CMS-approved accreditation/certification organization may be used to demonstrate compliance with all licensing inspections required by the State.
    • Such an agency may be exempt from ongoing licensing inspections on a continuing basis during the term of accreditation/certification, subject to: 1) Providing the DOH with a certified copy of the official accreditation or certification report. 2) Continuously holding full accreditation or certification and providing the DOH with certified copies of the accreditation/certification reports. 3) Maintaining a current and valid state license.
    • (c) The DOH may conduct inspections/investigations of agencies exempt from inspections if there are complaints, adverse accreditation findings, or periodic validation surveys.
    • (d) Information from accreditation/certification reports and official letters used to determine compliance shall be public information.
    • (e) All other records remain subject to Chapter 92F (Hawaii’s "Uniform Information Practices Act" for public records).

  • Section 3: Repeal/Amendment notation

    • Indicates how statutory material is to be amended (bracketed text removed, new material underscored) – standard drafting language.

  • Section 4: Effective date

    • The act takes effect upon approval.

Who is affected

  • Licensed home health agencies in Hawaii:
    • If they obtain and maintain CMS-approved accreditation or certification, they may be exempt from routine DOH licensing inspections during the accreditation term (provided they meet the conditions).
  • Hawaii Department of Health:
    • Gains a pathway to rely on federal CMS-accredited standards to demonstrate compliance, potentially reducing duplicative state inspections.
    • Will continue to enforce inspections for complaints, adverse accreditation findings, or validation surveys as needed.
  • Public/consumers:
    • May benefit from streamlined oversight and faster recognition of compliant agencies, with access to public information about accreditation/status.

Procedural and timeline aspects

  • Effective date: Upon Governor’s approval (ACT 105, signed June 8, 2026).
  • Oversight and enforcement:
    • While accreditation can exempt agencies from ongoing inspections, the DOH can still inspect in response to complaints or issues.
    • Public reporting requirements ensure transparency of accreditation information and findings.
  • Public records:
    • Accreditation reports and related letters become public information; other DOH records remain governed by Hawaii’s public records law (Chapter 92F).

Notable details

  • Aligns Hawaii’s home health licensing with federal standards by recognizing CMS-approved accreditation and certification.
  • Maintains a safety net: DOH retains authority to investigate complaints and verify compliance when necessary.
  • Clear conditions for ongoing exemption from inspections: certified accreditation report, continuous accreditation, and current state license.

If you’d like, I can provide a side-by-side comparison with the previous licensing framework or a plain-language FAQ for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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