Friday, June 21, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, February 1, 2017
DOH fights lawsuit on their non-posting of inspection reports even as two bills in the Legislature again fund the posting
By Selected News Articles @ 3:59 PM :: 7323 Views :: Ethics, Health Care, Office of Elections

khon

DOH fights lawsuit on their non-posting of inspection reports even as two bills in the Legislature again fund the posting

by Larry Geller, Disappeared News, January 31, 2017

This is how the state spends your taxpayer money.

Kokua Council’s lawsuit to compel the state Department of Health to post inspection reports which seniors and others depend upon when a loved one must be placed in a care home will be heard this Thursday, Feb. 2, at 10:30 a.m. in Judge Nakasone’s courtroom on the 5th floor of the courthouse at 1111 Alakea St. corner Hotel St.

[Disclosure: I am on the board of Kokua Council.]

Having to defend their non-performance in court is such a waste of taxpayer money. Let’s see how it goes, of course, but the basic argument seems simple enough—that the law requires these reports to be posted but the DOH is either not posting them or is posting documents so heavily blacked out (as in the KHON screen grab above) that the information is useless.

What is the Department of Health required to do?

Here is the first part of Act 213:

§321‑     Inspections; public notice.  (a)  Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:

     (1)  Adult day health centers;

     (2)  Adult day care centers;

     (3)  Community care foster family homes;

     (4)  Developmental disabilities domiciliary homes as defined in section 321‑15.9;

     (5)  Developmentally disabled adult foster homes;

     (6)  Long-term care facilities as defined in section 349‑21(f); and

     (7)  Special treatment facilities as defined in section 334‑1.

     (b)  Each report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information…

DOH resistance (at taxpayer expense, of course) seems all the more questionable since the Legislature has two bills, each with a long list of sponsors in each house, to fund the posting of the reports (see SB538 and HB433).

It’s also important to understand that the Legislature not only passed Act 213 in 2013 requiring the posting of inspection reports starting in 2015, but it apportioned money at that time for the purpose. The DOH did not hire and the $148,000 lapsed.

They have argued that they don’t have the resources to post the reports. They had resources but didn’t use the money to hire anyone. If one of these bills passes, they will have resources again. Will they hire someone this time? Don’t they have to follow the law anyway??

Here’s my best understanding of what happened with the positions:

  • Governor Abercrombie approved the positions before he left office in November 2014.
  • DOH advertised the positions internally only in March 2016.
  • It appears that the Department of Human Resources denied the request because there was not enough time in the fiscal year.
  • DOH could have but did not try to hire an 89-day temporary worker to do the posting chores.
  • The money appropriated lapsed because it was not spent.
  • A public records request sent to Governor Ige’s office for copies of any requests by the Department of Health for permission to establish positions authorized by Act 213 (2013). and for the Governor’s approval of those requests resulted in a response that they don’t have either.

I wonder what the judge will do Thursday.

---30---

KHON: Judge rules state violated open records law in regards to health care facility reports

This work is licensed under a Creative Commons License. NonCommercial-ShareAlike

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii