The Scoop on ARCH Regulations

A recent question that came to my attention was jurisdic- tion over Adult Residential Care Homes (ARCH). We took the question to our Minority Research office and this is what they came up with:

Adult Residential Care Homes (ARCHs) are primarily regu- lated under HRS Chapter 321 and HAR 11-100.1. Federal regulations relating to ARCHs are minimal, particularly given that ARCHs are private businesses and receive no direct government subsidies. ARCHs are certified by the State Licensing Section, which is responsible for promulgat- ing licensing rules and developing standards regarding quality of care in community based facilities that must be licensed by the State but are not certified for Medicare participation.

State laws and regulations are the primary means by which ARCHs operate, meaning the Hawaii state legislature can change the laws (and has done so on several occasions) with minimal federal legal complications.

If you have further questions on this contact my office at 586-8420 and we'll get back to you. There are several pages of material on this.