Question: Do you know if there are any state regulations regarding hospices being in residential areas? I did find out that Hawaii has no regulations on the operation of hospices — that it just relies on federal regulations. The reason I want to know is because the new owners of our next-door neighbor’s house told another neighbor they are turning it into a hospice. We live at the end of a dead-end street, with this neighbor’s house at the very end. There is virtually no parking for this house.
Answer: There are no state regulations regarding where hospice facilities may be located but, depending on how many patients are being cared for, there may be city zoning restrictions.
It’s correct that Hawaii relies on Medicare regulations regarding hospice facilities and that there are no state regulations covering operations or location, said Keith Ridley, chief of the state Department of Health’s Office of Health Care Assurance.
“We encourage new facilities in residential neighborhoods to be good neighbors and to inform neighbors of their plans in an effort to minimize potential impacts,” he said.
However, even if Hawaii did have separate regulations, “the regulations would not dictate geographic location or restrictions,” he said.
State regulations on other health care facilities, such as adult residential care homes, nursing homes and other facilities, do not restrict their location to residential, commercial or other business locations, he said.
Under the city’s Land Use Ordinance, the zoning code classifies a hospice, a “clean and sober” house, a halfway house and/or a transitional home primarily according to the number of residents, said Art Challacombe, deputy director of the Department of Planning and Permitting.
If there are no more than five unrelated people living in a residence, they are classified as a “family” and may occupy a dwelling unit “by right,” meaning without any kind of zoning or land use permit, he explained.
The only exception to this rule of five is when a “family” may include up to eight unrelated residents living in a residence either licensed or monitored by a state agency, such as an adult residential care home, special treatment facility or similar operation, he said.
In those situations, the residence may also include a resident manager.
“Hospices also qualify for this kind of classification, since the state Department of Health licenses or has oversight over the on-site care provided,” Challacombe said. So in this case, neither a zoning or land use permit would be required.
Any other residential type of facility exceeding the “family rule” regarding the number of permitted residents is classified as a “group living facility.”
If such a facility is permitted in a zoning district, the operator would have to obtain a conditional use permit, Challacombe said.
In this case, before the operator applies for a conditional use permit, it must first present the proposal to the neighborhood board of the affected area, providing advance written notice of its presentation to all property owners adjoining the proposed group living facility.
The planning department will notify all property owners within 300 feet of the proposed group living facility once an application has been accepted for processing. It also will hold an administrative public hearing to consider the request, and the applicant will be required to notify all property owners within 300 feet of the proposed facility of that public hearing.
The department normally has up to 90 days to process and render a written decision regarding a conditional use permit, Challacombe said.
Mahalo
To the person who turned in my husband’s lost wallet to H&T at Windward Mall in March. Please know that you made this senior couple very happy and grateful for your good deed. Thank you sincerely and many blessings. — T. and J.
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