REPORT TITLE:
Eligibility; Gen'l Assistance


DESCRIPTION:
Makes determinations by DHS-approved boards of cessation of
physical or mental disability for purpose of eligibility for
general assistance rebuttable by medical records or reports by
treating provider.  Requires hearing officer to consider but not
be bound by such determinations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2370
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GENERAL ASSISTANCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that over the past two
 
 2 years, there has been a sharp increase in denials and
 
 3 terminations of general assistance benefits based on the
 
 4 evaluations performed by evaluators approved by the department of
 
 5 human services.  The purpose of this Act is to clarify the
 
 6 finality of determinations of physical or mental disability, or
 
 7 both.
 
 8      SECTION 2.  Section 346-71, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (b) to read as follows:
 
10      "(b)  A person between eighteen and sixty-five years of age
 
11 with a disability shall be eligible for general assistance to
 
12 households without minor dependents if the person:
 
13      (1)  Is determined to be needy in accordance with standards
 
14           established by this chapter and the rules adopted under
 
15           subsection (e);
 
16      (2)  Is unable to meet the disability requirements
 
17           established by the federal Supplemental Security Income
 
18           Program or its successor agency; and
 
19      (3)  Is unable to engage in any substantial gainful
 

 
Page 2                                                     2370
                                     H.B. NO.           
                                                        
                                                        

 
 1           employment because of a determined and certified
 
 2           physical or mental disability.  Determination and
 
 3           certification of physical and mental disability shall
 
 4           be as follows:
 
 5           (A)  A determination and certification of physical
 
 6                disability shall only be made by a board of
 
 7                licensed physicians designated and paid by the
 
 8                department.  Meetings of this board shall not be
 
 9                subject to part I of chapter 92;
 
10           (B)  A determination and certification of mental
 
11                disability shall be made by a board of licensed
 
12                psychologists or licensed physicians whose
 
13                specialty is in psychiatry.  This board shall also
 
14                be designated and paid by the department.
 
15                Meetings of this board shall not be subject to
 
16                part I of chapter 92;
 
17           (C)  If a determination of mental disability is made,
 
18                the person shall accept and pursue appropriate
 
19                medical treatment from a provider of the person's
 
20                choice;
 
21           (D)  If a determination of physical disability is made,
 
22                the person shall accept and pursue appropriate
 
23                medical treatment from a provider of the person's
 

 
Page 3                                                     2370
                                     H.B. NO.           
                                                        
                                                        

 
 1                choice; [and]
 
 2           (E)  Any person, to continue to be certified as
 
 3                mentally or physically disabled, shall be
 
 4                reevaluated annually as provided by this section
 
 5                and more frequently as required by the
 
 6                department[.];
 
 7           (F)  A determination under this section by either board
 
 8                or by the department's medical consultant that a
 
 9                person is not or is no longer disabled shall be
 
10                rebuttable through medical records or report, or
 
11                both, from the person's treating provider; and
 
12           (G)  Upon fair hearing, a hearing officer shall give
 
13                consideration to, but shall not be bound by, the
 
14                determination made by a board or by the
 
15                department's medical consultant.
 
16       As used in this subsection:
 
17      "Substantial gainful employment" means at least thirty hours
 
18 of work per week.
 
19      "With a disability" or "having a disability" means a
 
20 disability that extends for a period of over sixty days.
 
21      Any person determined to be eligible under this subsection
 
22 may be referred to any appropriate state agency for vocational
 
23 rehabilitation services and shall be required to accept the
 

 
Page 4                                                     2370
                                     H.B. NO.           
                                                        
                                                        

 
 1 services as a further condition of eligibility for the receipt of
 
 2 general assistance to households without minor dependents under
 
 3 this section.  An assistance unit shall be determined ineligible
 
 4 for general assistance to households without minor dependents if
 
 5 any adult member of the assistance unit fails to cooperate with
 
 6 any appropriate state agency for vocational rehabilitation
 
 7 services after being referred for services.  Any person found
 
 8 eligible under this subsection may also be required to seek
 
 9 employment, and participate in public work projects as described
 
10 in section 346-31, and in public employment projects as described
 
11 in section 346-102."
 
12      SECTION 3.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                              INTRODUCED BY:______________________