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THE SENATE |
S.B. NO. |
2595 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EARLY INTERVENTION SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-352, Hawaii Revised Statutes, is amended to read as follows:
"§321-352 Early intervention services for infants and toddlers with special needs. (a) The department may develop a statewide, coordinated, multidisciplinary program which contains a continuum of services to meet the needs of infants and toddlers with special needs. The department shall be the lead agency for the coordination of federal and state funding for those programs. Pursuant to chapter 103F, the department may purchase services appropriate to carry out activities under this part.
(b) The department, or any other department or office responsible for providing early intervention services, shall maintain eligibility criteria or the scope of covered services for early intervention services at a minimum of the same level that was in effect on January 1, 2012.
(c) Any child who was eligible for early intervention services as of January 1, 2012, shall remain eligible for early intervention services until having no deficit more than one standard deviation from the population mean average that does not regress with the cessation of services or until no longer eligible based on age.
(d) The department may develop and establish a family cost participation schedule of monthly cost participation fees for early intervention services. Participation fees:
(1) May consist of a sliding fee scale;
(2) Shall not be charged to families with household gross incomes at or below three hundred per cent of the federal poverty level for applicable household size;
(3) Shall be deposited into the early intervention special fund pursuant to section 321-355; and
(4) If collected by a contracted service provider, may be retained by the provider if the contract amount is adjusted for services rendered;
provided that the department shall accept self-declaration of household total gross income and size, and adopt procedures for suspending services based on a failure to satisfy family cost participation obligations.
(e) The department may include in its contracts with early intervention service providers a provision that requires the provider to provide early intervention services to individuals who are ineligible under part C of the Individuals with Disabilities Education Act, Title 20 United States Code section 1431 et seq., on a fee-for-service basis at rates no higher than the amount the provider would have been reimbursed for services under its contract with the state contracting entity. The service providers shall not be prohibited from subsidizing, discounting, or otherwise decreasing the amount charged for the services based on a family's ability to pay.
(f) Private insurers may be charged for services provided that are covered by a patient's private health insurance."
SECTION 2. Section 321-355, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The fund shall consist of grants,
fees, and income earned by the special fund. [All] Fees received
from family cost participation and all program income consisting of federal
reimbursement funds received by the State for early intervention funded by
legislative appropriations under this part shall be deposited into the special
fund; provided that no state appropriations shall be deposited into the special
fund."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Department of Health; Early Intervention Services; Fees
Description:
Requires DOH to hold the eligibility criteria or scope of covered services to at least the same level that was in effect on January 1, 2012. Allows previously eligible children to remain eligible for early intervention services. Allows DOH to establish a family cost participation schedule for early intervention services. Allows DOH to include in its contracts with early intervention service providers a provision that requires the provider to provide early intervention services to individuals who are ineligible under part C of IDEA on a fee-for-service basis and charge fees no more than the State's reimbursement rate. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.