THE SENATE	S.C.R. NO.	15
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF HEALTH DEVELOPMENTAL DISABILITIES DIVISION TO ESTABLISH A TASK FORCE TO REVIEW HAWAII'S STATUTORY DEFINITION OF DEVELOPMENTAL DISABILITIES.

     WHEREAS, the definition of developmental disabilities in §333F-1, Hawaii Revised Statutes, is a federal definition and was meant to be a functional or planning definition for states to further define; and

     WHEREAS, all states except Hawaii in the U.S. have further defined developmental disabilities in their respective state statutes or regulations; and

     WHEREAS, the state statutory definition of developmental disabilities is not a clinical but legal definition, and developmental disabilities diagnoses are determined by licensed physicians or psychologists; and

     WHEREAS, in Hawaii statute developmental disabilities means a severe, chronic disability of a person which (1) is attributable to a mental or physical impairment or a combination of mental and physical impairments; (2) is manifested before the person attains age twenty-two; (3) is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity such as self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment of other services which are of lifelong or extended duration and are individually planned and coordinated; and

     WHEREAS, eligibility for the developmental disabilities division services is based on the definition of developmental disabilities; and

     WHEREAS, many people with behavioral challenges including fetal alcohol syndrome may not be covered by the current definition; and

     WHEREAS, the Department of Health seeks to collaborate across divisional responsibilities in statute and support persons with disabilities and their families; and

     WHEREAS, the current program has limited funding which precludes adding new groups to the existing home and community based services without legislative appropriation; and now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Department of Health, developmental disabilities division is requested to establish a task force to review the current state statutory definition of developmental disabilities in comparison to other states, and study the impacts of changing the definition of developmental disabilities; and

     BE IT FURTHER RESOLVED the Director of Health or the Director's designee will serve as chair of the task force; and

     BE IT FURTHER RESOLVED the Director of the Director's designee is requested to solicit representatives from the following entities to serve on the task force, provided that those persons designated have background and knowledge of developmental disabilities within their respective organizations:

     (1)  Hawaii Developmental Disabilities Council;

     (2)  Hawaii Disability Rights Center;

     (3)  University of Hawaii Center on Disabilities Studies;

     (4)  Department of Human Services, Med-Quest Division;

     (5)  House Committee on Health;

     (6)  Senate Committee on Health;

     (7)  The National Association of State Directors of Developmental Disabilities Services;

     (8)  Any other individuals or entities that may contribute to the task force; and

     BE IT FURTHER RESOLVED that members of the task force serve without compensation for time and expenses associated with task force activities; and

     BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations to the Legislature no later than twenty (20) days prior to the convening of the Regular session of 2015; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; President of the Senate; Speaker of the House of Representatives; Attorney General; Director of the Department of Health; Director of the Department of Human Services; Hawaii Developmental Disabilities Council, Executive Director of the Hawaii Disability Rights Center; University of Hawaii Center of Disability Studies; House Committee on Health Chairperson; and Senate Committee on Health Chairperson.

OFFERED BY:

_____________________________BY REQUEST

Report Title: 

DOH Developmental Disabilities Division; Task Force