Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred H.B. No. 127, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to create a "good cause" exemption for general assistance recipients who would be subject to sanctioning because of failure to comply with treatment.

Testimony in support of this measure was submitted by the Department of Human Services (DHS); Hawaii State Commission on the Status of Women; Legal Aid Society of Hawaii; Legal Aid Society of Hawaii, Hilo Office; National Association of Social Workers, Hawaii Chapter; and three concerned citizens.

Your Committee finds that the Department of Human Services has narrowly construed sections 346-71(b)(3)(C) and (D), Hawaii Revised Statutes, which require general assistance recipients to comply with DHS treatment recommendations. As a result, recipients are sanctioned if they do not comply with DHS treatment recommendations, even if the recipient has made an effort to obtain treatment but has been unable to obtain that treatment within the prescribed time period. Your Committee finds that many of the recipients who are required to follow treatment recommendations have mental disabilities, including bipolar disease, post-traumatic stress disorder, and other mental illnesses, that may make understanding treatment requirements and keeping appointments difficult. The Department of Human Services, testifying in support of this measure, stated that the "good cause" exception language in H.B. 127, H.D. 1, is similar to its other noncompliance policies that allow for "good cause" exceptions.

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 127, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.