TITLE 20. SOCIAL SERVICES
Chapter
346 Department of Human Services
346C Long-Term Care Financing Program
346D Long-Term Care
346E Nursing Facility Tax
347 Blind, Visually Handicapped, and Other Disabled Persons
347D Hawaii State Coordinating Council on Deafness--Repealed
348 Vocational Rehabilitation
348E Commission on Persons with Disabilities--Repealed
348F Disability and Communication Access Board
349 Executive Office on Aging
349C Elder Abuse or Neglect--Repealed
350 Child Abuse
350B Hawaii Children's Trust Fund
350C Adoption Assistance Compact and Procedures for
Interstate Services Payments
350E Interstate Compact on Placement of Children
351 Crime Victim Compensation
352 Hawaii Youth Correctional Facilities
352D Office of Youth Services
353 Corrections
353B Interstate Compact for the Supervision of Adult Offenders
353C Public Safety
353D Offender Family Service Center Act
353E Statewide Integrated Sex Offender Treatment Program
353F Corrections Population Management Commission
353G Criminal Offender Treatment Act
353H Comprehensive Offender Reentry System
354 Correctional Industries--Repealed
354D Hawaii Correctional Industries
355 Western Interstate Corrections Compact
355D Interstate Corrections Compact
356 Hawaii Housing Authority; Low Income Housing--Repealed
356D Hawaii Public Housing Authority
357 Federal Housing Projects--Repealed
358 Government Aid for Housing Projects--Repealed
358D Homeless Assistance Act--Repealed
359 State Housing Projects--Repealed
359A Teachers Housing--Repealed
359G Hawaii Housing Authority--Housing Projects--Repealed
359L Factory Built Housing--Repealed
360 Provisions Applicable to Public Housing
Generally--Repealed
360E Advisory Council on Housing--Repealed
361 Community Home Mortgage Program--Repealed
362 Progressive Neighborhoods Program--Repealed
363 Veterans Rights and Benefits
364 Veterans Loans--Repealed
367 Status of Women
367D Parity for Female Offenders
368 Civil Rights Commission
CHAPTER 346
DEPARTMENT OF HUMAN SERVICES
Part I. General and Administrative Provisions
Section
346-1 Definitions
346-1.7 Repealed
346-2 Appointment of personnel
346-3 Compensation of employees
346-4 Repealed
346-4.5 Investigators; authority and access to records
346-5 Reports
346-6 Appropriations; expenditures; donations
346-7 Acceptance of grants-in-aid or outright grants
346-7.5 Spouse and child abuse special account; department
of human services
346-8 Additional funds
346-9 Workshop program
346-10 Protection of records; divulging confidential
information prohibited
346-11 Unauthorized disclosure or inspection
346-12 Hearing
346-13 Attendance and testimony of witnesses
346-14 Duties generally
346-14.3 Guiding principles to be used by state agencies
when dealing with children of incarcerated parents
346-14.5 Financial assistance advisory council; established
346-15 Death benefits for deceased medical or financial
assistance recipients and disposition of unclaimed
dead human bodies
346-16 Definitions
346-17 Child placing organizations, child caring
institutions, and foster boarding homes;
authority over, investigation of, and standards for
346-17.2 Health assessment
346-17.3 Motor vehicle insurance
346-17.4 Higher education board allowances for students
346-17.5 Federal aid to children in foster care
346-17.6 Consent to no cost emergency shelter and related
services
346-18 to 19.6 Repealed
346-19.7 Prospective adoptive parents; standards and home
studies
346-20 to 25 Repealed
346-26 Prevention and treatment of conditions giving rise
to need
346-27, 28 Repealed
346-28.5 Family self-sufficiency escrow accounts; asset
test exemption
346-29 Applications for public assistance; manner, form,
conditions
346-29.3 Medical assistance application information; annual
report; public disclosure
346-29.5 Real property liens
346-30 Relief limited
346-31 Assignment of persons in need of public assistance
to work on public projects
346-32 Application of chapter 386 to persons in need of
public assistance assigned to work projects
346-33 Assistance payments inalienable
346-34 Frauds, penalties
346-35 Cancellation or revision
346-36 Assistance payments, subject to change or repeal
346-37 Recovery of payments and costs of medical
assistance
346-37.1 Payment of public assistance for child requires
payment of child support to department by natural
or adoptive parents
346-37.2 Department subrogated to rights
346-37.3 Notice of child support debt
346-37.4 to 37.6 Repealed
346-38 Incompetency of recipient
346-39 Legal representative
346-39.5 Unclaimed financial assistance balances in
electronic benefit transfer accounts
346-40 Maintenance and availability of records; penalty
346-41 Inspection of institutional facilities
346-41.5 Hawaii qualified health centers
346-42 Administrative inspections and warrants
346-43 Penalties under other laws
346-43.5 Medical assistance frauds, penalties
346-44 Recovery of public assistance overpayments
346-45 Confidentiality of court records
346-46 Certified nurse aides; training programs and
recertification
346-47 Certified nurse aides; investigations of abuse
and neglect
Part II. Specific Provisions Covering Public
Assistance and Child Welfare Services
346-51 Public assistance and child welfare services
administered by department
346-51.5 Expenditure of temporary assistance for needy
families funds
346-52 Aged, blind, and permanently and totally disabled
persons; eligibility for assistance
346-53 Determination of amount of assistance
346-53.2 Temporary assistance for needy families; funding
and programs; public comment
346-53.3 Temporary assistance for needy families and food
stamps for individuals with a felony conviction
which has as an element the possession, use, or
distribution of a controlled substance
346-53.4 Reimbursement to expanded adult residential care
home operators
346-53.5 Repealed
346-53.6 Federally qualified health centers; rural health
clinics; reimbursement
346-53.61 Centers for Medicare and Medicaid Services approval
346-53.62 Federally qualified health centers and rural health
clinics; reconciliation of managed care
supplemental payments
346-53.63 Federally qualified health center or rural health
clinic; adjustment for changes to scope of services
346-53.64 Federally qualified health center or rural health
clinic visit
346-53.65 Appeal
346-53.8 Kahuku medical center
346-54 Report to the legislature
346-55 Repealed
346-55.1 Visitation, custody, and support when public
assistance paid
346-55.5 Repealed
346-56 State reimbursement
346-57 Loans to applicants for federal supplemental
security income
346-57.5 Interim assistance reimbursement special fund
346-58 Repealed
346-59 Medical care payments
346-59.2 Comprehensive breast and cervical cancer control
program
346-59.4 Medical assistance to other children
346-59.5 Enforcement of contracts
346-59.6 Medicaid overpayment recovery
346-59.7 Enforcement of decisions regarding medicaid
overpayment recovery; judgment rendered thereon
346-59.8 Repealed
346-59.9 Psychotropic medication
346-60 Group therapy; reimbursement for services
346-61 Optometric services, choice
346-62 Examination of blind
346-63 Social services
346-64 Repealed
346-64.5 Eligibility for chore services
346-65 Child abuse and neglect discretionary emergency
assistance
346-66 Psychological services
346-67 Medical foods and low-protein modified food
product; treatment of inborn error of metabolism;
notice
346-68 Bridge to hope program; transitional benefits
346-69 Welfare safety net program; department of human
services
346-70 Medical assistance for other pregnant women
Part III. General Assistance to Households Without
Minor Dependents
346-71 General assistance to households without minor
dependents
346-72 Applications
346-73 Repealed
346-74 Representative payee
346-75 Repealed
Part IV. Services to Adults
A. Day Care Center--Repealed
346-81 to 85 Repealed
B. Family Boarding Homes--Repealed
346-90 to 96 Repealed
C. General Provisions
346-97 Criminal history record checks
Part V. Public Service Employment
346-101 Findings and purpose
346-102 Public service employment; established
346-103 Wages or salaries of public service employment
346-104 Refusal to work; ineligibility for public
assistance
Part VI. Licensure of Independent Group
Residences--Repealed
346-121 to 124 Repealed
Part VII. Resident Alien and Naturalized Citizen
Program
346-141 Purpose
346-142 Definitions
346-143 Administration
346-144 Application; approval; statement; return
346-145 Transportation assistance
346-146 Penalty
Part VIII. Child Care
A. General
346-151 Definitions
346-152 Exclusions; exemptions
346-152.3 Investigations
346-152.5 Criminal history record checks, child abuse record
checks, and adult abuse perpetrator checks for
persons exempt pursuant to section 346-152
346-152.7 Safe sleep policy
346-153 Records of deficiencies and complaints; release
to public
346-154 Criminal history checks, child abuse record checks,
and adult abuse perpetrator checks
346-155 Rules
346-156 Penalty
346-157 Liability insurance coverage; no requirement
346-158 No smoking in child care facilities
346-159 Child care licensing and registration special fund
B. Group Child Care Home and Group Child Care
Center Licensure
346-161 License for group child care home, group child care
center required
346-162 Rules; minimum standards
346-163 Licenses and temporary permits
346-164 Suspension and revocation of licenses and
permits; reissuance
346-165 Visitation and inspection of group child care home,
group child care center
346-166 Records
C. Family Child Care Home Registration
346-171 Registration for family child care home required
346-172 Rules for registration
346-173 Procedure for registration
346-174 Informing parent and legal guardian of children
and general public
346-175 Visitation and inspection of family child care
home; revocation of registration
346-176 Family child care system
346-177 Program of incentive for registration
D. Miscellaneous Provisions
346-181 Preschool open doors program
Part IX. Workfare--Repealed
346-201 to 215 Repealed
Part X. Adult Protective Services
346-221 Purpose; construction
346-222 Definitions
346-223 Jurisdiction; venue
346-224 Reports
346-225 Confidentiality of reports
346-226 Access to records
346-227 Investigation
346-228 Action upon investigation
346-229 Right of entry
346-230 Termination of services
346-231 Order for immediate protection
346-232 Order to show cause hearing
346-233 Petition
346-234 Guardian ad litem; counsel
346-235 Consolidation with guardianship proceedings
346-236 Permanent changes
346-237 Notice of proceedings
346-238 Service
346-239 Required findings concerning postponed hearings
346-240 Adjudicatory hearing
346-241 Disposition
346-242 Review hearings
346-243 Appeal
346-244 Admissibility of evidence
346-245 Hearings
346-246 Failure to comply with court orders
346-247 Payment for service or treatment provided to a
party
346-248 Fiscal and service responsibility
346-249 Cooperation
346-250 Immunity from liability
346-251 Presumption of capacity
346-252 Advanced age
346-253 Rules
Part XI. First-To-Work Program
346-261 First-To-Work; establishment; purpose
346-262 to 276 Repealed
Part XII. Adoption Assistance
346-301 Adoption assistance program established
346-302 Equal benefits
346-303 Rules
346-304 Eligibility
346-305 Effect on prior adoption assistance agreements
Part XIII. Rx Plus Program--Repealed
346-311 to 319 Repealed
Part XIV. Home and Community-Based Case Management
Agencies and Community Care Foster Family
Homes--Repealed
346-331 to 336 Repealed
Part XV. State Pharmacy Assistance Program--Repealed
346-341 to 347 Repealed
Part XVI. Medicaid Preauthorization Exemption
346-351 Findings
346-352 Preauthorization exemption for certain physicians
and physician assistants
Part XVII. Homeless Programs
346-361 Definitions
346-362 Duties
346-363 Exception to liability for donors
346-364 Contract or conveyance to the department
346-365 Program administration
346-366 Time limits
346-367 Determination of eligibility and need
346-368 Abuse of assistance
346-369 Exemptions
346-370 Emergency or transitional shelter volunteers
346-371 Annual performance audits
346-372 Provider agency and donor cooperation are not
in restraint of trade
346-373 Construction of part
346-374 Homeless shelter stipends
346-375 Temporary emergency shelter
346-376 Additional powers
346-377 Housing first special fund
346-378 Housing first programs
Part XVIII. Hawaii Interagency Council on
Homelessness
346-381 Hawaii interagency council on homelessness;
establishment
346-382 Membership
346-383 Meetings; quorum
Part XIX. Young Adult Voluntary Foster Care Program
346-391 Purpose
346-392 Definitions
346-393 Rights of the young adult
346-394 Jurisdiction
346-395 Eligibility
346-396 Voluntary care agreement
346-397 Provision of extended foster care services
346-398 Petition; venue
346-399 Notice of hearings and reviews
346-400 Case plan; reports to be submitted by the
department
346-401 Court proceedings
346-402 Court-appointed attorneys
346-403 Periodic review
346-404 Termination of jurisdiction
346-405 Reestablishing jurisdiction
346-406 Liability of the department
346-407 Reporting requirement
Note
Chapter heading amended by L 1987, c 339, §4.
L Sp 2005, c 4, §3 provides:
"SECTION 3. The department of human services shall not take any action to remove pharmaceutical benefits management from managed care plans that provide health care coverage for Hawaii medicaid beneficiaries."
L 2008, c 241, §2 provides:
"SECTION 2. The department of human services shall apply to the federal Centers for Medicare and Medicaid Services to allow persons who are eligible to receive medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care; provided that the cost for the home- and community-based services shall not exceed the total expenditures that would have been incurred if the person received facility-based long-term care, services, or support."
Equitable referral system for discharge of medicaid patients from hospitals, nursing homes, and long-term care facilities. L 2012, c 211, §7.
Homeless assistance working group; interim report to legislature (dissolved June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7.
Hospital sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 217; L 2013, c 141; L 2014, c 123; L 2015, c 70.
Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 156; L 2013, c 142; L 2014, c 124; L 2015, c 69.
Return-to-home pilot program for eligible homeless individuals (terminated December 31, 2016). L 2013, c 222, §§12 to 14.
State's program integrity compliance with the federal Patient Protection and Affordable Care Act of 2010 with respect to medicaid program integrity within certain programs; reports to 2015-2017 legislature. L 2013, c 240.
Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved June 30, 2017). L 2015, c 243.
Cross References
Commission on fatherhood, see chapter 577E.
Early intervention services for infants and toddlers, see §§321-351 to 321-357.
Hawaii children's trust fund, see chapter 350B.
Hawaii health insurance exchange, see chapter 435H.
Medicaid contracts; nonprofit and for-profit reporting requirements, see §103F-107.
Medicaid-related mandates, see chapter 431L.
Primary health care incentive program, see §321-1.5.
Safe place for newborns, see chapter 587D.
Sex offender treatment program, see chapter 353E.
State health insurance program, see chapter 431N.
Transfer of head start collaboration office, see §302L-1.5(e).