HB1736.DOC

SECTION 1. Section 3, Act 93, Session Laws of Hawaii 2012, is amended to read as follows:

"SECTION 3. Section 346-53, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes, to be provided to recipients who are eligible for Federal Supplementary Security Income or public assistance, or both. The director shall provide for level of care payment as follows:

(1) Beginning on July 1, 2008, for adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment shall not exceed $651.90; [~~and~~]

(2) Beginning on July 1, 2008, for adult residential care homes classified as facility type II, the state supplemental payment shall not exceed $759.90[.];

(3) Beginning on November 8, 2014, for adult residential care homes as defined under section 321-15.1 and classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment shall not exceed $ ;

(4) Beginning on November 8, 2014, for adult residential care homes as defined under section 321-15.1 and classified as facility type II, the state supplemental payment shall not exceed $ ;

(5) Beginning on November 8, 2014, for expanded adult residential care homes as defined under section 321-15.1 and classified as facility type I, the state supplemental payment shall not exceed $ ;

(6) Beginning on November 8, 2014, for expanded adult residential care homes as defined under section 321-15.1 and classified as facility type II, the state supplemental payment shall not exceed $ ; and

(7) Beginning on November 8, 2014, for services provided by home and community-based case management agencies as defined under section 321-481, the state supplemental payment shall not exceed $ .

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 shall allow 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.

(d) On July 1, 2006, and thereafter, as the department determines a need, the department shall authorize a payment, as allowed by federal law, for resident clients receiving supplemental security income in adult residential care home, as defined under section 321-15.1, type I and type II facilities, expanded adult residential care homes, as defined under section 321-15.1, type I and type II facilities, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, when state funds appropriated for the purpose of providing payments under subsection(c) for a specific fiscal year are not expended fully within a period that meets the requirements of the department's maintenance of effort agreement with the Social Security Administration.

The payment shall be made with that portion of state funds identified in this subsection that has not been expended.

The department shall determine the rate of payment to ensure compliance with its maintenance of effort agreement with the Social Security Administration.""

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for increases in level of care payments as provided for in this Act.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

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, 2014.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1736
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII