STAND. COM. REP. NO. 2838

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2511
                                        H.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Health and Human Services and Labor and
Environment, to which was referred H.B. No. 2511, H.D. 1,
entitled: 

     "A BILL FOR AN ACT RELATING TO LONG-TERM CARE,"

beg leave to report as follows:

     The purpose of this measure is to allow the Department of
Human Services (DHS) to employ civil service and non-civil
service personnel to service waiver programs.

     Your Committees received testimony in support of this
measure from the DHS and Healthcare Association of Hawaii.

     This measure would allow personnel employed for waiver
programs to be exempt from civil service, at the discretion of
the DHS.

     Waiver programs are exceptions to federal social service
program initiatives which the State must comply with in order to
receive federal funding.  If the State desires to conduct a
demonstration project, such as QUEST, that departs from federal
regulations, the State must obtain a waiver in order to receive
federal funding.  The waiver usually is limited for a duration
not exceeding a specified number of years.

     According to testimony of the DHS, this measure will allow
the Adult and Community Care Services Branch more flexibility as
to the type of personnel it needs to provide a continuum of

 
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services for eligible disabled individuals in the Medicaid waiver
home- and community-based programs as well as state-funded
programs.

     Your Committees are aware of the lack of an effective date
for this measure, but notes that Attorney General Opinion
No. 86-12 states that a bill without an effective date is
effective upon approval.  Your Committees have no reason to amend
this bill which would result in an unnecessary conference.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Labor and Environment
that are attached to this report, your Committees are in accord
with the intent and purpose of H.B. No. 2511, H.D. 1, and
recommend that it pass Second Reading and be referred to the
Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Labor and
                                   Environment,



____________________________       ______________________________
BOB NAKATA, Chair                  SUZANNE CHUN OAKLAND, Chair

 
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