STAND

STAND. COM. REP. NO. 422-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2022

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Human Services and Housing and Health, to which was referred H.B. No. 2022 entitled:

"A BILL FOR AN ACT RELATING TO GENERAL ASSISTANCE,"

beg leave to report as follows:

The purpose of this bill is to clarify eligibility requirements for individuals with disabilities who receive general assistance by:

(1) Clarifying that the disability can be both physical and mental;

(2) Clarifying the criteria for the determination and certification of the disability in conjunction with the Board of Licensed Physicians and Board of Licensed Psychologists;

(3) Providing that the person receiving general assistance and the person's treating health care provider be provided with a complete and legible copy of the recommended appropriate treatment; and

(4) Providing that a determination of a physical or mental disability, or both, is rebuttable.

The Legal Aid Society of Hawaii testified in support of this measure. The Department of Human Services (DHS) opposed this measure.

Your Committees have amended this bill by:

(1) Requiring DHS to ask the person if the person has a physical or mental disability, or both, then ask the person to choose which disability is primary;

(2) Removing the provisions that the Board of Licensed Physicians and Board of Licensed Psychologists be involved in the determination process;

(3) Requiring DHS to:

(a) Provide the person with an initial denial notice to allow the person to provide additional medical evidence;

(b) Refer the person to free legal services; and

(4) Removing provisions that the person's treating physician is to determine if the person has accepted and is pursuing treatment;

(5) Removing the requirement that the person's personal treating health care provider is provided a copy of the recommended appropriate treatment;

(6) Removing the provision that a determination of a physical or mental disability, or both, is rebuttable; and

(7) Making other technical, nonsubstantive amendments for clarity and style.

As affirmed by the records of votes of the members of your Committees on Human Services and Housing and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2022, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2022, H.D. 1, and be referred to the Committee on Finance.

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

____________________________ DENNIS A. ARAKAKI, Chair		____________________________ MICHAEL PUAMAMO KAHIKINA, Chair