Terms Used In Hawaii Revised Statutes > Chapter 462A - Pilotage

• Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assisted living facility: means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 321-15.1
• Certificate of approval: means the certificate issued by the department or its designee that authorizes a person, agency, or organization to operate a community care foster family home. See Hawaii Revised Statutes 321-481
• Client: means any person who receives home and community-based case management services to reside in a community care foster family home, expanded adult residential care home, or assisted living facility. See Hawaii Revised Statutes 321-481
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Day care center: includes a place designated for group care for four or more adults or a family home providing care for two or more adults. See Hawaii Revised Statutes 321-492
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Department: means the department of health. See Hawaii Revised Statutes 321-481
• Department: means the department of health. See Hawaii Revised Statutes 321-492
• Designee: means a person, institution, organization, or agency authorized by the department to issue certificates of approval to community care foster family homes and to monitor these homes for certificate compliance and quality assurance. See Hawaii Revised Statutes 321-481
• Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Domestic violence: means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members. See Hawaii Revised Statutes 321-471
• Elder: means any person as may otherwise be defined by the department, who desires and needs counseling, guidance, and assistance to modify or resolve the social, economic, educational, recreational, physical, or mental problem that impedes the person's personal functioning and well-being. See Hawaii Revised Statutes 321-492
• Expanded adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility. See Hawaii Revised Statutes 321-15.1
• Fiduciary: A trustee, executor, or administrator.
• home: means a home that:

  (1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

  (2) Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, at least one of whom shall be a medicaid recipient, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; provided that:

  (A) The department, in its discretion, may certify a home for a third adult who is at the nursing facility level of care and is a medicaid recipient; provided further that:

  (i) The home has been certified and in operation for not less than one year;

  (ii) The primary caregiver is a certified nurse aide, as defined in section 457A-1. See Hawaii Revised Statutes 321-481

• Home and community-based case management agency: means any person, agency, or organization licensed by the department to provide, coordinate, and monitor comprehensive services to meet the needs of clients whom the agency serves in a community care foster family home or any medicaid clients in an expanded adult residential care home, or an assisted living facility. See Hawaii Revised Statutes 321-481
• License: means a pilot's license issued pursuant to this chapter. See Hawaii Revised Statutes 462A-1
• License: means an approval issued by the department or its authorized agents for a person, agency, or organization to operate as a home and community-based case management agency. See Hawaii Revised Statutes 321-481
• Lien: A claim against real or personal property in satisfaction of a debt.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pilot: means a state pilot licensed pursuant to this chapter as a port pilot or a deputy port pilot. See Hawaii Revised Statutes 462A-1
• Pilotage waters: means the waters of this State covered by this chapter. See Hawaii Revised Statutes 462A-1
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 462A-1