{"data":{"id":"us-hi/haw.-rev.-stat.-321-487","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 321-487","heading":"Referral or transfers to uncertified or unlicensed care facility; penalty.","body":"(a) It shall be unlawful for any person, corporation, or entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any person, corporation, or entity that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that \"knowingly\" includes but is not limited to failing to determine whether the care home, agency, or facility has the required certificate or license; provided further that the fine shall be not more than:\n\n(1) $500 for the first violation;\n\n(2) $1,000 for the second violation; and\n\n(3) $2,000 for the third and each succeeding violation.\n\n(b) Notwithstanding subsection (a) to the contrary, the healthcare provider or healthcare facility shall not be fined under this section if:\n\n(1) A patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility;\n\n(2) The care facility becomes uncertified or unlicensed after a referral or transfer; or\n\n(3) The healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility, without actual proof or knowledge that the care facility is uncertified or unlicensed.","path":["HI Code","Division 1","Title 19","Chapter 321"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0321/HRS_0321-0487.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"198a66c0f59bee42b1bd34c628fb9876f5a265b3ea19093da6e2f6f1ca4c61a7","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-321-486.2","next":"us-hi/haw.-rev.-stat.-321-492"},"notice":"GroundRules: Original legal text. Not legal advice."}