CHAPTER 346D

[LONG-TERM CARE]

Section

    346D-1 Definitions

  346D-1.5 Medicaid reimbursement equity

    346D-2 Establishment of medicaid home and community-based

           waiver programs

    346D-3 Determination of eligibility for participation in a

           waiver program

    346D-4 Provision of services

  346D-4.5 Needs allowance; waiver program individuals

   346D-5, 6 Repealed

    346D-7 Rules

    346D-8 Personnel exempt

Note

  Long-term care policy goals and guidelines.  L 2008, c 224, §§2, 3.

  "Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016).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", as shown in the main volume, deleted.

Cross References

  Coordination and development of caregiver support services, see §349-15.

  Dependent elder abuse; suits by the State; civil penalties, see §28-94.

  Nursing facility sustainability program, see chapter 346F.

Law Journals and Reviews

  Long-Term Care in Hawaii.  18 HBJ, no. 13, at 59 (2015).

  Implementing Olmstead v. L.C.:  Defining "Effectively Working" Plans for "Reasonably Paced" Wait Lists for Medicaid Home and Community-Based Services Waiver Programs.  23 UH L. Rev. 731 (2001).

Case Notes

  Where plaintiffs challenged State's administration of its medicaid home and community based services for the developmentally disabled or mentally retarded program (HCBS-MR), defendants' motion for partial summary judgment granted to extent it covered (1) plaintiffs' claim that defendants violated "reasonable promptness" provision of the medicaid statute, 42 U.S.C. §1396a(a)(8), by denying plaintiffs HCBS-MR services, as to filled slots; and (2) plaintiffs' claims based on 42 U.S.C. §1396n(c)(2)(A) or (C) since plaintiffs were not entitled to HCBS-MR services under the medicaid statute once slots were filled by other eligible individuals.  114 F. Supp. 2d 1017 (1999).