STAND. COM. REP. NO. 1198
Honolulu, Hawaii
, 2005
RE: S.B. No. 3
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committees on Health and Human Services, to which was referred S.B. No. 3, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HUMAN SERVICES,"
beg leave to report as follows:
The purpose of this bill is to:
(1) Authorize the Department of Health (DOH) to license
residential settings for persons with developmental disabilities or mental retardation;
(2) Establish the rate of payment for residential
services; and
(3) Allow the Department of Human Services (DHS) to continue to certify community care foster family homes.
The Disability and Communication Access Board, Kona Krafts, Statewide Independent Living Council of Hawaii, and a concerned individual supported this bill. The State Council on Developmental Disabilities, DOH, Arc in Hawaii, and Arc of Kauai supported this measure with amendments. DHS supported the intent of this measure. The State Attorney General provided comments.
The U.S. Supreme Court ruled in the Olmstead Decree of 1999 that the failure of a state to provide community-based residential services to persons with mental retardation or developmental disabilities was a violation of the Americans with Disabilities Act, and it is right of an individual with a disability to live in a community setting of his or her choice instead of a more restrictive institution.
Your Committees find that there is an immediate need to bring the State into programmatic compliance with the Olmstead Decree. As such, your Committees have made the following amendments to this bill by:
(1) Creating two new categories of residential services for persons with developmental disabilities or mental retardation:
(A) Developmental disabilities domiciliary homes for persons needing 24-hour care; and
(B) Developmental disabilities apartment complexes for persons who do not need 24-hour care;
(2) Authorizing DOH to license, certify, regulate, or enter into purchase of service agreements for domiciliary homes and apartment complexes on behalf of persons with developmental disabilities or mental retardation;
(3) Requiring the Director of Health to establish criteria for purchase of services agreements for domiciliary homes and apartment complexes;
(4) Clarifying that DHS is not excluded from licensing, certifying, and regulating adult foster homes and providers that serve persons with developmental disabilities or mental retardation;
(5) Including an appropriation to ensure that developmental disabilities residential service providers are adequately reimbursed for the residential services they provide; and
(6) Making technical, nonsubstantive changes for clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3, S.D. 2, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services,
|
____________________________ ALEX M. SONSON, Chair |
____________________________ DENNIS A. ARAKAKI, Chair |