REPORT TITLE:
Disabilities


DESCRIPTION:
Authorizes the department of health (DOH) to designate area
agencies or managed support organizations for persons with
developmental disabilities (DD) or mental retardation (MR).
Includes under supports and services the department of health is
to administer, supported living stipends for persons with DD or
MR who choose to live independently in a setting other than a
licensed residential facility.  Appropriates funds for the DD and
MR.  Allows services for DD/MR living independently outside of
licensed facilities.  Requires an audit of case management
services provided by DOH for DD/MR.  (HB632 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        632
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DISABILITIES.



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

 1      SECTION 1.  Section 333F-2, Hawaii Revised Statutes, is
 
 2 amended by as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  The department shall develop, lead, administer,
 
 5 coordinate, monitor, evaluate, and set direction for a
 
 6 comprehensive system of supports and services for persons with
 
 7 developmental disabilities or mental retardation within the
 
 8 limits of state or federal resources allocated or available for
 
 9 the purposes of this chapter.  The department shall administer or
 
10 may provide available supports and services based on a client-
 
11 centered plan, which resulted from client choices and
 
12 decision-making that allowed and respected client self-
 
13 determination.  The department may designate area agencies or
 
14 managed support organizations for this purpose.
 
15      The department's responsibility for persons with
 
16 developmental disabilities or mental retardation shall be under
 
17 one administrative unit for the purpose of coordination,
 
18 monitoring, evaluation, and delivery of services.  Not later than
 
19 June 30, 1999, all programs and services falling under this
 

 
Page 2                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 chapter shall be provided in the community, including services
 
 2 presently provided at Waimano training school and hospital.  When
 
 3 the private sector does not provide or is not able to provide the
 
 4 services, the department shall provide the services.  Clients at
 
 5 Waimano training school and hospital shall be placed into
 
 6 community-based programs provided appropriate support services
 
 7 are available.
 
 8      The department shall convene a panel not later than
 
 9 August 1, 1995, to create a plan to provide services in the
 
10 community and to ensure that the transition of Waimano training
 
11 school and hospital residents to the community will be client-
 
12 centered, taking into consideration the health, safety, and
 
13 happiness of the residents and the concerns of their families.
 
14 The panel shall consist of but not be limited to consumers,
 
15 families, representatives from the private sector, employees and
 
16 employee representatives, professionals, representatives of the
 
17 University of Hawaii affiliate program, and representatives of
 
18 the state planning council on developmental disabilities."
 
19      2.  By amending subsection (c) to read:
 
20      "(c)  Supports and services the department shall administer
 
21 include[,] but shall not be limited to:
 

 
 
 
 
 
Page 3                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (1)  Early identification and evaluation of persons with
 
 2           developmental disabilities or mental retardation;
 
 3      (2)  Development, planning, and implementation in
 
 4           coordination with other federal, state, and county
 
 5           agencies, of service programs for persons with
 
 6           developmental disabilities or mental retardation;
 
 7      (3)  Development and provision of service programs in the
 
 8           public or private sectors through chapter 42F or
 
 9           chapter 103F, for persons with developmental
 
10           disabilities or mental retardation;
 
11      (4)  Establishment of a continuum of comprehensive services
 
12           and residential alternatives in the community to allow
 
13           persons with developmental disabilities or mental
 
14           retardation to live in the least restrictive,
 
15           individually appropriate environment;
 
16      (5)  Development and implementation of a program for single-
 
17           entry access by persons with developmental disabilities
 
18           or mental retardation to services provided under this
 
19           chapter as well as referral to, and coordination with,
 
20           services provided in the private sector or under other
 
21           federal, state, or county acts, and the development of
 
22           an individualized service plan by an interdisciplinary
 
23           team;
 

 
Page 4                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (6)  Collaborative and cooperative services with public
 
 2           health and other groups for programs to prevent
 
 3           developmental disabilities or mental retardation;
 
 4      (7)  Informational and educational services to the general
 
 5           public and to lay and professional groups;
 
 6      (8)  Consultative services to the judicial branch of
 
 7           government, educational institutions, and health and
 
 8           welfare agencies whether the agencies are public or
 
 9           private;
 
10      (9)  Provision of community residential alternatives for
 
11           persons with developmental disabilities or mental
 
12           retardation, including group homes and homes meeting
 
13           ICF/MR standards;
 
14     (10)  Provision of care at the skilled nursing level or in a
 
15           skilled nursing facility, as individually appropriate;
 
16     (11)  Provision of other programs, services, or facilities
 
17           necessary to provide a continuum of care for persons
 
18           with developmental disabilities or mental retardation;
 
19     (12)  Provision of case management services independent of
 
20           the direct service provider; [and]
 
21     (13)  Development and maintenance of respite services in the
 
22           community for persons with developmental disabilities
 
23           or mental retardation[.]; and
 

 
Page 5                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1     (14)  Provision of supported living stipends for persons with
 
 2           developmental disabilities or mental retardation
 
 3           choosing to live independently in a setting other than
 
 4           a licensed residential facility."
 
 5      SECTION 2.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 7 as may be necessary for fiscal year 1999-2000 and $1 or so much
 
 8 thereof as may be necessary for fiscal year 2000-2001 to phase in
 
 9 and to serve six hundred eleven individuals with developmental
 
10 disabilities or mental retardation in the Title XIX Medicaid home
 
11 and community-based services waiver program; provided that no
 
12 funds shall be made available under this Act unless the federal
 
13 government provides a dollar-for-dollar match for federal Title
 
14 XIX Medicaid funds for individuals with developmental
 
15 disabilities or mental retardation who are eligible and would
 
16 benefit from Title XIX Medicaid home and community-based services
 
17 program.
 
18      The sums appropriated shall be expended by the department of
 
19 health for the purposes of this Act.
 
20      SECTION 3.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $1 or so much thereof
 
22 as may be necessary for fiscal year 1999-2000 for the state
 

 
 
 
Page 6                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 planning council on developmental disabilities in the department
 
 2 of health to contract with a qualified independent entity to
 
 3 conduct a programmatic evaluation of case management services
 
 4 provided by the department of health.
 
 5      The sum appropriated shall be expended by the department of
 
 6 health for the purposes of this Act.
 
 7      SECTION 4.  There is appropriated out of the developmental
 
 8 disabilities special fund of the State of Hawaii the sum of $1 or
 
 9 so much thereof as may be necessary for fiscal year 1999-2000 and
 
10 $1 or so much thereof as may be necessary for fiscal year 2000-
 
11 2001 for Title XIX home and community-based waiver services for
 
12 individuals with developmental disabilities or mental
 
13 retardation.
 
14      The sums appropriated shall be expended by the department of
 
15 health for the purposes of this Act.
 
16      SECTION 5.  There is appropriated to the department of human
 
17 services "N" fund in HMS603 the sum of $1 or so much thereof as
 
18 may be necessary for fiscal year 1999-2000 and the sum of $1 or
 
19 so much thereof as may be necessary for fiscal year 2000-2001
 
20 identical to department of health appropriations identified in
 
21 section 2 and section 4 for Title XIX home and community-based
 
22 waiver services for persons with developmental disabilities or
 
23 mental retardation.
 

 
Page 7                                                     632
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      The sums appropriated shall be expended by the department of
 
 2 human services for the purposes of this Act.  
 
 3      SECTION 6.  The legislative auditor shall conduct an
 
 4 independent financial evaluation of case management services
 
 5 provided by the department of health pursuant to section 333F-
 
 6 2(c)(12), Hawaii Revised Statutes.
 
 7      The legislative auditor shall report the findings and
 
 8 recommendations to the legislature no later than twenty days
 
 9 prior to the convening of the regular session of 2000.
 
10      SECTION 7.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 8.  This Act shall take effect on July 1, 1999.