STAND. COM. REP. NO. 1410

Honolulu, Hawaii

RE: S.R. No. 93

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Health and Human Services, to which was referred S.R. No. 93 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH TO CHANGE ITS ELIGIBILITY CRITERIA FOR THE HOME AND COMMUNITY-BASED SERVICES MEDICAID WAIVER FOR INDIVIDUALS HAVING INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, OR MENTAL ILLNESSES,"

beg leave to report as follows:

The purpose and intent of this measure is to request the Department of Health to change its eligibility criteria for the home and community-based services Medicaid waiver for individuals having intellectual or developmental disabilities, or mental illnesses.

Your Committees received comments on this measure from the State Council on Developmental Disabilities.

Your Committees find that state residents who have intellectual or developmental disabilities may receive Medicaid benefits if those residents meet the requirements for having a developmental disability under existing state law. However, the criteria for having a developmental disability pursuant to existing law unfairly excludes from eligibility a number of individuals who would otherwise be eligible for services based on their developmental disabilities. This measure requests the Department of Health to change its eligibility criteria so that more state residents may qualify for Medicaid.

Your Committees recognize the testimony of the Department of Health, raising concerns that changing its eligibility criteria would not necessarily allow more residents to be eligible for Medicaid and that further study is needed to determine the fiscal implications of expanding coverage. Accordingly, your Committees have amended this measure by:

(1) Replacing the request for the Department of Health to change its eligibility criteria with a request for the Department of Health Developmental Disability Division to convene a task force to study the feasibility of the Department to change its eligibility criteria; and

(2) Replacing references to 11-88.1-1.5(a), Hawaii Administrative Rules, with 11-88.1-5(a), Hawaii Administrative Rules;

(3) Amending its title in accordance with its amended purpose; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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 concur with the intent and purpose of S.R. No. 93, as amended herein, and recommend its adoption in the form attached hereto as S.R. No. 93, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services,

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ JARRETT KEOHOKALOLE, Chair