RELATING TO AMENDING SECTION 323D-54, HAWAII REVISED STATUTES, TO EXEMPT THE DEPARTMENT OF HEALTH FROM CERTIFICATE OF NEED REQUIREMENTS.

2025 Regular Session Introduced by Nadine Nakamura

House Bill 1104 exempts Hawaii's Department of Health from Certificate of Need requirements, allowing faster implementation of health services and improved public health responses.

Carried over to 2026 Regular Session.

#certificateofneed #doh #exemption #shpda

Summary of House Bill 1104

Bill Number: HB 1104
Title: Relating to Amending Section 323D-54, Hawaii Revised Statutes, to Exempt the Department of Health from Certificate of Need Requirements
Status: Introduced and Passed First Reading
Introduced: January 13, 2025
Classification: Bill
Subject: Certificate of Need, Department of Health (DOH), Exemption, State Health Planning and Development Agency (SHPDA)

Purpose and Intent

House Bill 1104 aims to amend existing legislation to exempt the Department of Health (DOH) from the Certificate of Need (CON) requirements in Hawaii. The primary intent of this bill is to streamline the process for the DOH to implement health care services and facilities without the need for prior approval through the CON process, which is typically required for certain health care projects to ensure they meet community needs and avoid unnecessary duplication of services.

Key Provisions

Exemption from Certificate of Need: The bill proposes to amend Section 323D-54 of the Hawaii Revised Statutes to specifically exempt the DOH from obtaining a Certificate of Need for its health care projects.

Impact on Health Care Services: By removing the CON requirement, the DOH would have greater flexibility and efficiency in responding to public health needs and emergencies, potentially leading to quicker implementation of health services and facilities.

Who Would Be Affected

Department of Health (DOH): The primary beneficiary of this bill, as it would allow the DOH to bypass the CON process, enabling faster action on health initiatives.

Health Care Providers: The bill may indirectly affect health care providers and facilities by altering the competitive landscape, as the DOH could more rapidly expand or modify services without the constraints of the CON process.

Public Health Outcomes: The general public may benefit from improved access to health services and quicker responses to health crises, as the DOH would be able to act more swiftly.

Procedural Aspects and Timeline

Introduced on January 13, 2025: The bill was filed and passed its first reading on the same day.

Legislative Progress: Following its introduction, the bill has been referred to relevant committees for further consideration, indicating a structured legislative process ahead.

Emergency Clause: The inclusion of an emergency clause suggests that the bill is intended to take effect immediately upon passage, emphasizing the urgency of the proposed changes.

Conclusion

House Bill 1104 represents a significant shift in how the Department of Health in Hawaii can operate regarding health care service provision. By exempting the DOH from Certificate of Need requirements, the bill aims to enhance the department's ability to respond to health care needs efficiently and effectively, potentially improving public health outcomes across the state.