Report Title:

General Assistance; Good Cause Failure to Pursue Treatment

Description:

Upon determination and certification of either mental or physical disability of a general assistance recipient, allows failure to pursue appropriate medical treatment for good cause. (HB127 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

127

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to general assistance.

 

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

SECTION 2. Section 346-71, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person between eighteen and sixty-five years of age with a disability shall be eligible for general assistance to households without minor dependents if the person:

(1) Is determined to be needy in accordance with standards established by this chapter and the rules adopted under subsection (e);

(2) Is unable to meet the disability requirements established by the federal Supplemental Security Income Program or its successor agency; and

(3) Is unable to engage in any substantial gainful employment because of a determined and certified physical or mental disability. Determination and certification of physical and mental disability shall be as follows:

(A) A determination and certification of physical disability shall only be made by a board of licensed physicians designated and paid by the department. Meetings of this board shall not be subject to part I of chapter 92;

(B) A determination and certification of mental disability shall be made by a board of licensed psychologists or licensed physicians whose specialty is in psychiatry. This board shall also be designated and paid by the department. Meetings of this board shall not be subject to part I of chapter 92;

(C) If a determination of mental disability is made, the person shall accept and pursue appropriate medical treatment from a provider of the person's choice;

(D) If a determination of physical disability is made, the person shall accept and pursue appropriate medical treatment from a provider of the person's choice; [and]

(E) Any person, to continue to be certified as mentally or physically disabled, shall be reevaluated annually as provided by this section and more frequently as required by the department[.]; and

(F) Failure to pursue appropriate medical treatment shall result in a loss of eligibility unless the failure is due to good cause. Good cause shall include but not be limited to:

(i) Treatment is unavailable;

(ii) Personal emergencies; and

(iii) Circumstances which threaten the safety of the patient.

As used in this subsection:

"Substantial gainful employment" means at least thirty hours of work per week.

"With a disability" or "having a disability" means a disability that extends for a period of over sixty days.

Any person determined to be eligible under this subsection may be referred to any appropriate state agency for vocational rehabilitation services and shall be required to accept the services as a further condition of eligibility for the receipt of general assistance to households without minor dependents under this section. An assistance unit shall be determined ineligible for general assistance to households without minor dependents if any adult member of the assistance unit fails to cooperate with any appropriate state agency for vocational rehabilitation services after being referred for services. Any person found eligible under this subsection may also be required to seek employment, and participate in public work projects as described in section 346-31, and in public employment projects as described in section 346-102."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.