DR010Ord.txt

CIVIL RIGHTS COMMISSION

STATE OF HAWAII


In the Matter of ) DR 93-010
)
JEANETTE C. TAKAMURA, Director ) HEARINGS EXAMINER'S
Executive Office on Aging ) ORDER REQUESTING
) ADDITIONAL FACTS AND
Petitioner, ) SUPPLEMENTAL INFORMATION
)
-----------------------------------)
)
LINDA C. TSEU, Executive )
Director, Hawaii Civil Rights )
Commission; _____________________ )
________________________________ )
)
Respondents. )
)
___________________________________)


HEARINGS EXAMINER'S ORDER REQUESTING
ADDITIONAL FACTS AND SUPPLEMENTAL INFORMATION

On September 14, 1993 Petitioner Jeanette C. Takamura filed a
Petition For Declaratory Relief with the Hawaii Civil Rights
Commission alleging certain unlawful discriminatory practices by
nursing facilities on the basis of disability. On September 21,
1993 the Commission assigned this petition to the undersigned
Hearings Examiner.
By letter dated September 23, 1993 the Hearings Examiner
notified Petitioner that she must file an amended petition naming
a respondent or respondents who represent the interests of nursing
homes by October 6, 1993, and serve copies of the original petition
and amended petition to each respondent and the Executive Director
by that date.

On September 28, 1993 the Executive Director filed a Motion To
Request Additional Facts And Request For Specific Period Of Time To
Respond. In this motion, the Executive Director asks that
Petitioner Takamura:
1) define the terms "mentally ill", "mentally retarded",
"previous admission to a mental institution" and "psychotropic
medication";

2) state the basis for a nursing facility's refusal to admit
persons who are mentally ill, mentally retarded, have
previously been admitted to a mental institution, or who have
taken psychotropic medication;

3) state whether persons rejected because they take
psychotropic medication presented behavioral problems, and
what kind of behavioral problems; and

4) whether such problem behaviors caused a threat or injury to
property, to themselves or to others.

Pursuant to H.A.R.  12-46-67, IT IS HEREBY ORDERED that, in
addition to naming respondents who represent the interests of
nursing homes, the Petitioner is requested to submit the above
requested additional facts and information in its amended petition.
IT IS ALSO HEREBY ORDERED that the Petitioner is requested to
submit the following additional facts and supplemental information
in its amended petition:
a) the definition of "nursing facility" under federal and
state statutes and regulations;

b) whether nursing facilities by definition are excluded from
caring for mentally ill, mentally retarded or mentally
disabled persons;

c) whether there are any other federal or state statutes which
exempt nursing facilities from caring for mentally ill,
mentally retarded or mentally disabled persons;




d) the evaluation criteria and procedure for determining
whether a person requires nursing facility care and the
federal or state statutes or regulations, if any, which govern
this evaluation process;

e) whether a nursing facility is a "place of public
accommodation" as defined under H.R.S.  489-2 or whether it
is a "housing accommodation" as defined under H.R.S.  515-2.

IT IS ALSO HEREBY ORDERED that the Petitioner shall now file
its amended petition with the undersigned hearings examiner by
Friday, October 22, 1993 and shall serve copies of the original
petition and amended petition to the Executive Director and each
respondent by that date.


DATED: Honolulu, Hawaii September 29, 1993.


HAWAII CIVIL RIGHTS COMMISSION



__________________________
LIVIA WANG
Hearings Examiner




copies sent to:

Dr. Jeanette C. Takamura, Petitioner
Calleen J. Ching, Esq. HCRC Enforcement Attorney