REPORT TITLE:
Long-Term Care Commission


DESCRIPTION:
Establishes the long-term care commission and makes
appropriation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2320
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A LONG-TERM CARE COMMISSION. 


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

 1      SECTION 1.  The legislature finds that the future of long-
 
 2 term care is one of the most critical health and fiscal issues
 
 3 facing Hawaii in the 21st century.  The rapid growth of the
 
 4 elderly and disabled populations will result in extraordinary
 
 5 demands on long-term care financing and delivery of services.
 
 6      The purpose of this Act is to create a temporary long-term
 
 7 care commission composed of a panel of experts who will prepare
 
 8 recommendations for the establishment of an integrated, cost-
 
 9 effective, and responsive long-term care delivery system to
 
10 provide quality care to all of Hawaii's citizens needing long-
 
11 term care services.
 
12      SECTION 2.  There is established the Hawaii long-term care
 
13 commission (commission) within the department of human services.
 
14 The commission shall be a temporary agency established to
 
15 implement the purpose of this Act.               
 
16      SECTION 3.  The commission shall consist of fifteen members
 
17 to be appointed by the governor, one of whom shall be the
 
18 chairperson as provided under section 5 of this Act, from a list
 
19 of thirty persons to be presented to the governor by the
 

 
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 1 president of the senate and the speaker of the house of
 
 2 representatives who shall each name fifteen persons.
 
 3 Appointments by the governor shall be made by October 1, 2000,
 
 4 and shall be subject to senate confirmation in the 2001 session.
 
 5 The governor shall appoint not less than one person from each of
 
 6 the categories under section 6 of this Act.  The director of
 
 7 human services and the director of health, or their respective
 
 8 designees, shall be ex-officio voting members of the commission.
 
 9 Until the confirmation by the senate, the members appointed by
 
10 the governor shall serve in an interim capacity.  Heads of state
 
11 agencies, department divisions, or members of state commissions
 
12 are not prohibited from serving as members.
 
13      No act of the commission shall be valid except by
 
14 concurrence of a majority of its members.
 
15      SECTION 4.  Members of the Hawaii long-term care commission,
 
16 except the chairperson, shall serve without compensation but
 
17 shall be reimbursed for expenses, including travel expenses,
 
18 necessary for the performance of their duties.
 
19      SECTION 5.  The commission shall have a part-time
 
20 chairperson to be appointed by the governor.  The chairperson
 
21 shall be compensated at a salary of $42,651 and shall receive all
 
22 benefits entitled to a public employee.  The chairperson may
 
23 employ adequate staffing, without regard to chapters 76 and 77,
 

 
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 1 Hawaii Revised Statutes, and at pleasure dismiss such persons as
 
 2 the chairperson finds necessary for the performance of the
 
 3 commission's functions and fix their compensation. 
 
 4      SECTION 6.  The list to be presented by the president of the
 
 5 senate and the speaker of the house of representatives under
 
 6 section 3 of this Act shall be comprised of at least one person
 
 7 with background or experience from each of the following
 
 8 categories:
 
 9      (1)  Administrators of health plans, including prepaid
 
10           health plans;
 
11      (2)  Health care professionals such as physicians and
 
12           nurses;
 
13      (3)  County offices on aging, collectively;
 
14      (4)  Hospital administrators;
 
15      (5)  Institutional long-term care providers;
 
16      (6)  Community-based long-term care providers; and
 
17      (7)  Consumer representatives;
 
18 provided that not less than two persons shall be consumer
 
19 representatives.   
 
20      SECTION 7.  The commission may contract for consultation
 
21 services without regard to chapter 103D, Hawaii Revised Statutes.
 
22      SECTION 8.  The Hawaii long-term care commission shall make
 
23 findings and recommendations relating to:
 

 
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 1      (1)  Developing and prioritizing goals for a long-term care
 
 2           program for Hawaii including, but not limited to:
 
 3           (A)  Development of coordinated policies and programs
 
 4                among executive departments and agencies;
 
 5           (B)  Facilitation of an adequate amount of home and
 
 6                community-based services and minimally sufficient
 
 7                institutional services for long-term care;
 
 8           (C)  Maximization of both public and private funds for
 
 9                long-term care;
 
10           (D)  Assurance of accessibility to appropriate services
 
11                in the least restrictive environment;
 
12           (E)  Assurance of quality care for persons receiving
 
13                long-term care;
 
14           (F)  Treatment of chronic disabilities to optimize
 
15                individual function, assure dignity and well-
 
16                being;
 
17           (G)  Promotion of consumer choice as much as possible;
 
18           (H)  Encouragement of continuing involvement of family
 
19                members of persons receiving long-term care;
 
20           (I)  Increasing the sense of personal responsibility
 
21                and awareness of Hawaii's seniors and the young
 
22                adult population regarding their future long-term
 
23                care needs; and
 

 
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 1           (J)  Innovation and development of programs that
 
 2                facilitate integrated care delivery and the long-
 
 3                term care goals of the State;
 
 4      (2)  Assessment of the long-term care needs of the State's
 
 5           population; establishment of a system of quality
 
 6           assurance for long-term care; delineation of different
 
 7           levels of long-term care; and standardization of:
 
 8           (A)  Pertinent terminology in the administrative rules
 
 9                of the various departments; and
 
10           (B)  Assessment instruments of eligibility for
 
11                different levels of long-term care;
 
12      (3)  Review of administrative rules of the various executive
 
13           departments to achieve standardization, consistent with
 
14           the State's goals and to achieve integration to reduce
 
15           fragmentation and achieve cost-effectiveness;
 
16      (4)  Establishment and expansion of a single-point entry
 
17           system, with a standardized pre-admission screening for
 
18           the determination of the appropriate level and setting
 
19           of care;
 
20      (5)  Establishment of a comprehensive assessment planning
 
21           and management system to encourage home and community
 
22           oriented services;
 
23      (6)  Financing alternatives for a long-term care system in
 

 
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 1           this State including, but not limited to, participation
 
 2           in any manner by the public and private sectors and
 
 3           insurance companies, including tax incentives to build
 
 4           long-term care facilities and to support home-based
 
 5           care; and
 
 6      (7)  Workforce requirements of the long-term care industry
 
 7           with particular attention to paraprofessional workers.
 
 8      In making its findings and recommendations, the commission
 
 9 shall be guided by the principles of creating a high quality,
 
10 integrated, and cost-effective long-term care system, including
 
11 the protection of clients and emphasis on the optimal use of
 
12 public funds in a reasonable manner.      
 
13      SECTION 9.  The Hawaii long-term care commission shall
 
14 report to the legislature before the convening of the regular
 
15 session provided below, on the status of its progress toward its
 
16 objectives and interim findings and recommendations as follows:
 
17      (1)  The first report for 2002 shall relate to objectives
 
18           (1), (2), and (3) under section 8 of this Act;
 
19      (2)  The second report for 2003 shall relate to objectives
 
20           (4) and (5) under section 8 of this Act; and
 
21      (3)  The third report for 2004 shall relate to objectives
 
22           (6) and (7) under section 8 of this Act, and include a
 
23           final report on all the objectives.
 

 
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 1      Each report shall contain an explanation of the impact of
 
 2 relevant sources of funding on the recommendation.
 
 3      SECTION 10.  For purposes of section 9 of this Act, the
 
 4 commission shall:
 
 5           (1)  Review relevant past state studies and reports and
 
 6                the experience of other states; and
 
 7           (2)  Serve as a centralized data base for collecting
 
 8                state demographic data on aging and long-term care
 
 9                to facilitate the ongoing monitoring of the
 
10                State's long-term care system by the executive,
 
11                legislative, and judicial branches; provided that
 
12                the department of business, economic development,
 
13                and tourism shall assist the commission upon
 
14                request in obtaining the data; and provided
 
15                further that upon repeal of this Act, the data
 
16                base shall be transferred to the department of
 
17                human services.
 
18      SECTION 11.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $          , or so
 
20 much thereof as may be necessary for fiscal year 2000-2001, for
 
21 the expenses of the Hawaii long-term care commission, including
 
22 the contracting of consultation services.
 
23      SECTION 12.  The sum appropriated shall be expended by the
 

 
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 1 department of human services for the purposes of this Act.
 
 2      SECTION 13.  This Act shall take effect on July 1, 2000, and
 
 3 shall be repealed on December 31, 2004.
 
 4 
 
 5                           INTRODUCED BY:  _______________________