Report Title:
Human Services
Description:
Allows the department of human services to license home and community-based case management agencies. Also include various appropriations relating to human services.(SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
632 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 3 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO HUMAN SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Part I.
SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . HOME AND COMMUNITY-BASED
CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES
§346-A Definitions. As used in this part:
"Certificate of approval" means the certificate issued by a home and community-based case management agency, that authorizes a person, agency, or organization to operate a community care foster family home.
"Community care foster family home" means a home issued a certificate of approval by a home and community-based case management agency to provide, for a fee, twenty-four hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, who are at the nursing facility level of care and who are unrelated to the foster family. It does not include expanded residential care homes, which shall continue to be licensed by the department of health.
"Criminal history record check" means an examination of an individual’s criminal history record through:
(1) A search of the individual's fingerprints in the Federal Bureau of Investigation criminal history record files;
(2) Further analysis and search for other information available for individuals found in the Federal Bureau of Investigation criminal history record files;
(3) Subsequent fingerprint analyses for required individuals;
(4) A name inquiry into the state criminal history record files.
"Home and community-based case management agency" means an agency licensed by the department to locate, coordinate, and monitor comprehensive services to meet the needs of Medicaid recipients and other adults whom the agency places in a community care foster family home.
"License" means an approval issued by the department for an agency to operate as a home and community-based case management agency.
§346-B Home and community-based case management agency, authority over and evaluation of. (a) The home and community-based case management agency shall be responsible for certifying community care foster family homes. No person, agency, or organization shall engage in locating, coordinating, or monitoring comprehensive services to individuals in community care foster family homes and in issuing certificates of approval to community care foster family homes, unless it meets the standards of conditions, management, and competence set by the department and is issued a license for this purpose by the department.
(b) The department shall adopt rules pursuant to chapter 91 relating to:
(1) Standards for the organization and administration of home and community-based case management agencies;
(2) Standards of conditions, management, and competence of home and community-based case management agencies;
(3) Procedures for obtaining and renewing a license from the department;
(4) Minimum standards of conditions and competence for the operation of community care foster family homes that are to be used by home and community-based case management agencies as certification requirements of community care foster family homes; and
(5) Minimum grievance procedures for certified community care foster family homes and recipients of case management services.
(c) As a condition for obtaining a license, a person, agency, or organization shall meet the requirements set forth in subsection (b)(1), (2), and (3), and satisfy the criminal history check requirements under section 346-D. The department may deny a license if:
(1) An operator, employee, or new employee of the home and community-based case management agency has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less; or
(2) If the department finds that the criminal history record of an operator, employee, or new employee poses a risk to the health, safety, or well-being of adults receiving care in community care foster family homes.
(d) Upon approval of any home and community-based case management agency, the department or its authorized agents shall issue a license, which shall continue in force for one year or for two years unless sooner revoked for cause. The department or its authorized agents shall renew the license only if after an annual or biennial evaluation, the agency continues to meet the standards established by the department.
(e) The department shall evaluate the home and community-based case management agency to determine compliance with the requirements established under this section:
(1) Annually or biennially; or
(2) Upon receipt of a complaint that the home and community-based case management agency is in violation of the requirements established under this section.
(f) The department may suspend or revoke a license if the department deems that the agency is unwilling or unable to comply with the rules adopted under this section; provided that:
(1) Upon suspension or revocation of a license, the home and community-based case management agency shall no longer be licensed and shall immediately notify those community care foster family homes it certified;
(2) An agency whose license has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation;
(3) A suspended or revoked license may be reinstated if the department deems that the agency is willing and able to comply with the rules adopted under this section; and
(4) A revoked license shall be restored only after a new application is made and reviewed under this part.
(g) Any home and community-based case management agency shall be subject to investigation by the department at any time and in the manner, place, and form as provided in the department’s rules.
§346-C Community care foster family home, authority over and evaluation of. (a) No person in any household shall take in, for a fee, any adult who is at the nursing facility level of care and who is unrelated to anyone in the household, for twenty-four hour living accommodations, including personal care and homemaker services, unless the household meets the required standards established for certification and obtains a certificate of approval from a home and community-based case management agency.
(b) Home and community-based case management agencies shall issue certificates of approval based on compliance with the standards required for certification, pursuant to section 346-B(b)(4), and any additional requirements established by the agencies and agreed upon by the homes.
(c) As a condition for obtaining a certificate of approval, community care foster family homes shall comply with requirements set forth in section 346-B(b)(4) and satisfy the criminal history record check requirements under section 346-D. The certifying agency may deny a certificate of approval if:
(1) An operator or other adult residing in the community care foster family home, except for adults receiving care, has been convicted of a crime other than a minor traffic violation involving a fine $50 or less; or
(2) If the certifying agency finds that the criminal history record of an operator or other adult residing in the home, except for adults receiving care, poses a risk to the health, safety, or well-being of adults in care.
(d) Upon approval of a community care foster family home, the home and community-based case management agency shall issue a certificate of approval that shall continue in force for one year unless sooner suspended or revoked for cause; provided that:
(e) Any community care foster family home shall be subject to investigation by the department and home and community-based case management agencies at any time and in the manner, place, and form as provided in procedures to be established by the department and home and community-based case management agencies.
§346-D Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible character of operators and employees of the home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as defined in this chapter, which shall include but not be limited to criminal history record checks.
(b) An applicant for a home and community-based case management agency license shall submit statements signed under penalty of perjury by the operators, employees, and new employees of the home and community-based case management agency, indicating whether the operators, employees, or new employees have ever been convicted of a crime other than a minor traffic violation involving a fine of $50 or less, and the details thereof.
The operators, employees, and new employees shall also provide consent to the department to conduct a criminal history record check and to obtain other criminal history record information for verification. The operators and employees of the home and community-based case management agency shall be fingerprinted for the purpose of complying with the criminal history record check. New employees of the home and community-based case management agency shall be fingerprinted within five working days of employment, for the purpose of complying with the criminal history record check requirement.
The department shall obtain criminal history record information through the Hawaii criminal justice data center on all operators, employees, and new employees of home and community-based case management agencies subject to licensure pursuant to this section. The Hawaii criminal justice data center may assess the operators, employees, and new employees a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to federal laws and regulations as may be now or hereafter adopted.
The department shall make a name inquiry into the criminal history records for the first two years a home and community-based case management agency is licensed and annually or biennially thereafter depending on the licensure status of the home and community-based case management agency.
(c) An applicant for a certificate of approval as a community care foster family home shall submit to the home and community-based case management agency, statements signed under penalty of perjury by the operators and other adults residing in the home, except for adults receiving care, indicating whether they have been convicted of a crime other than a minor traffic violation involving a fine of $50 or less. The operators and other adults residing in the home, except for adults receiving care, shall also provide consent to the certifying agency to conduct a criminal history record check and to obtain other criminal history record information for verification. The operators and other adults residing in the home, except for adults receiving care, shall be fingerprinted for the purpose of complying with the criminal history record check.
The certifying agency shall obtain criminal history record information through the Hawaii criminal justice data center on all operators and other adults residing in the community care foster family home, except for adults receiving care, subject to certification pursuant to this section. The Hawaii criminal justice data center may assess the operators and other adults a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to federal laws and regulations as may be now or hereafter adopted.
The certifying agency shall make a name inquiry into the criminal history records for the first two years a community care foster family home is certified and annually or biennially thereafter depending on the certification status of the community care foster family home.
§346-E Penalty. Any person violating this part or any rule made pursuant to this part shall be fined not more than $500."
SECTION 2. There are appropriated or authorized from the sources of funding indicated below the following sums or so much thereof as may be necessary for the purposes of this Act:
FY 2001-2002 FY 2002-2003
General funds $ 74,853 $ 70,166
Federal funds $ 52,346 $ 50,621
Total $127,199 $120,787
The sums appropriated or authorized shall be expended by the department of human services for the purposes of this Act.
SECTION 3. There is appropriated out of the criminal history record improvement revolving fund the sum of $65,000 or so much thereof as may be necessary for fiscal year 2001-2002 to effectuate the purpose of this Act.
The sum appropriated shall be expended by the department of the attorney general for the purposes of the Act.
PART II.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal biennium 2001-2003, for the following programs and services:
1. Adult Protective Services. Thirteen positions to staff adult protective services in the department of human services.
Total funding FY 2001-2002 $632,214
Total funding FY 2002-2003 $516,992
2. Adult Friends for Youth. Gang prevention.
Total funding FY 2001-2002 $200,000
Total funding FY 2002-2003 $200,000
3. Dental Services. Services for adults residing in any county with a population of under 300,000 who are covered by Med-QUEST, department of health, and community health centers.
Total funding FY 2001-2002 $1,000,000
4. Dental Services. Implementation of a fee-for-service Medicaid dental program to supplement the QUEST managed care dental program.
Total funding FY 2001-2002 $
5. Family Support Center. Re-established the family center demonstration project. Plan and establish 11 centers.
Total funding FY 2001-2002 $750,000
6. Homeless funding. Homeless assistance.
Total funding FY 2001-2002 $1,300,000
Total funding FY 2001-2002 $1,500,000
7. Sexual Abuse Treatment. Services, including psychological treatment and case management services for child victims of intrafamilial sexual abuse and their families who are not part of the child protective services system.
Total funding FY 2001-2002 $500,000
8. Office of Youth Services. Pilot project for full service youth services centers at Hilo, Palolo, and Waipahu.
Total funding FY 2001-2002 $2,600,000
9. Office of Youth Services. Hookala program.
Total funding FY 2001-2002 $
10. Youth Gangs. Implement a youth gang rehabilitation program applying the redirectional method.
Total funding FY 2001-2002 $400,000
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal biennium 2001-2003, for the purpose of the following grants in aid:
11. Blue Print for Change.
Total funding FY 2001-2002 $657,450
12. Hawaii Intergenerational Network. Demonstration program for a senior mentoring of emotional or behavioral difficulty preschool children.
Total funding FY 2001-2002 $155,000
Total funding FY 2002-2003 $155,000
13. Hawaii Youth Services Network. Transitional living program for unserved street youth.
Total funding FY 2001-2002 $200,000
14. Good Beginnings Alliance. To maintain its role as the critical link for early childhood system development at the state and community levels.
Total funding FY 2001-2002 $375,000
15. Kauai Food Bank, Inc.
Total funding FY 2001-2002 $60,000
16. Kauai Island Ministries. Transitional drug treatment program.
Total funding FY 2001-2002 $1522,420
Total funding FY 2002-2003 $500,000
17. Lanakila Multi-Purpose Senior Center. Improvement projects for the Lanakila multi-purpose senior center.
Total funding FY 2001-2002 $465,000
18. Maui Adult Day Care Center. Continuation and expansion of services, including tuition waivers for adults, activities and activity materials, and administrative and operating expenses.
Total funding FY 2001-2002 $250,000
19. Maui AIDS Foundation. Case management program.
Total funding FY 2001-2002 $50,000
20. Maui Food Bank, Inc.
Total funding FY 2001-2002 $100,000
21. Keep Hope Alive
System of vouchers to assist children from families that will stop receiving public assistance with housing, child care, clothing, and school supplies.
Total funding FY 2001-2002 $
22. Alu Like
Total funding FY 2001-2002 $2,000,000
SECTION 6. The sums appropriated in sections 4 and 5 shall be expended by the department of human services; provided that the sums for items 8 and 9 of section 4 shall be expended by the office of youth services, the sum for item 10, section 4, shall be expended by the department of public safety for the purposes of this Act, and the sum for item 17, section 5, shall be expended by the department of accounting and general services.
PART III.
SECTION 7. Act 276, Session Laws of Hawaii 2000, is amended by amending section 4 to read as follows:
"SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000, or so much thereof as may be necessary, for fiscal year of 2000-2001, for the bridge-to-hope program[.] ; provided that this appropriation shall lapse on June 30, 2002. A staff position for outreach and up to $25,000 in operating expenses may be funded out of this appropriation.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act."
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000, or so much thereof as may be necessary for fiscal year of 2002-2003, for the bridge-to-hope program, including one position for outreach.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.
PART IV.
SECTION 9. In codifying the new sections added by part I of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2001; provided that part I shall take effect on July, 1 2050.