A BILL FOR AN ACT

SECTION 1. Chapter 346, Hawaii Revised Statutes, is revised by adding a new part to be appropriately designated and to read as follows:

§346-A Definitions. As used in this part:

"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.

"Certificate of approval" means the certificate issued by a home and community-based case management agency which 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 who are at the nursing facility level of care, and who are unrelated to the foster family, at any one time.

"Criminal history record check" means an examination of an individual’s criminal history record through:

"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 of human services and is issued a license for this purpose by the department.

(b) The department shall adopt rules pursuant to chapter 91 relating to:

(c) As a condition for obtaining a license, a person, agency, or organization must meet the requirements set forth in subsection (b) (1), (2), and (3) of this section, and satisfy the criminal history check requirements under section 346-D. The department may deny a license if:

(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 section 346-B:

(f) The department may suspend or revoke a license if it deems that the agency is unwilling or unable to comply with the rules adopted under section 346-B.

(g) Any home and community-based case management agency shall be subject to investigation at any time and in such 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 accommodation, 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:

(d) Upon approval of a community care foster family home, the home and community-based case management agency shall issue a certificate of approval, which shall continue in force for one year unless sooner suspended or revoked for cause.

(e) Any community care foster family home shall be subject to investigation at any time and in such manner, place, and form as provided in procedures to be established by the 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 of 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.

(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 in care, indicating whether they have ever 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.

§346-E Penalty. Any person violating any provision of this chapter or any rule made pursuant thereto shall be fined not more than $500."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii a sum of $127,199 for fiscal year 2001-2002, of which sum $52,346 shall be financed out of other federal funds, or so much thereof as may be necessary, and the sum of $120,787, of which sum $50,621 shall be financed out of other federal funds, or so much there of as may be necessary for fiscal year 2002-2003.

SECTION 3. The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 4. There is appropriated out of the state 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.

Section 5. This Act shall take effect on July 1, 2001.