Clarifies that domiciliary care includes care provided in developmental disabilities domiciliary homes, developmental disabilities adult foster homes, and developmental disabilities apartment complexes. Establishes a minimum level of care payment for type I adult residential care homes, licensed developmental disabilities domiciliary homes, developmental disabilities apartment complexes, and certified adult foster homes. (HB1821 HD2)

A BILL FOR AN ACT

SECTION 1. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in developmental disabilities domiciliary homes, developmental disabilities adult foster homes, and developmental disabilities apartment complexes provided to recipients eligible either for Federal Supplementary Security Income, [or] public assistance in accordance with state standards, or both.

The director shall provide for level of care payment as follows:

If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.

The department shall handle abusive practices under this section in accordance with chapter 91.

Nothing in this subsection allows the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided[,] or where the recipient no longer requires any domiciliary care."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect on July 1, 2020.