THE SENATE	S.B. NO.	1615
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to the department of health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the med-QUEST division of the department of human services works in partnership with the developmental disabilities division of the department of health and with stakeholders to design a waiver that meets the needs of Hawaii residents having intellectual and developmental disabilities. The legislature notes that both divisions ensure that the waiver is implemented in compliance with all waiver requirements, federal and state laws, and waiver standards. Individuals who are eligible for services from the developmental disabilities division, are medicaid eligible, and meet the level of care criteria can apply for the medicaid intellectual or developmental disability waiver, otherwise known as the home and community-based services medicaid waiver for individuals with intellectual and developmental disabilities.

The legislature acknowledges, however, that under the current administrative rules of the developmental disabilities division of the department of health, individuals are deemed ineligible for the medicaid intellectual or developmental disability waiver if the individual's impairments are due to any of several specified conditions, including dementia, mental illness, emotional disorders, substance abuse, sensory impairment, learning disabilities, attention deficit hyperactivity disorder, spinal cord injuries, or neuromuscular disorders. The legislature believes that the current administrative rules unfairly deny eligibility to an individual who also has an eligible condition, including cerebral palsy; epilepsy; autism spectrum disorder (ASD); or a neurological condition, central nervous system disorder, or chromosomal disorder that results in impairment in both general intellectual functioning and adaptive behavior. The legislature also finds that according to an article published in the National Library of Medicine, emotion regulation difficulties, anxiety, and depression are often co-occurring in individuals having ASD.

Accordingly, the purpose of this Act is to require the developmental disabilities division of the department of health to amend its eligibility criteria for the home and community‑based services medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness.

SECTION 2. (a) The developmental disabilities division of the department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to amend its eligibility criteria for the home and community-based services medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness.

(b) The developmental disabilities division of the department of health shall submit a report of the status of the department's adoption of rules pursuant to subsection (a), including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DOH; Developmental Disabilities Division; Home and Community‑Based Services Medicaid Waiver; Eligibility Criteria; Rulemaking

Description:

Requires the Developmental Disabilities Division of the Department of Health to amend its eligibility criteria for the home and community-based services Medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.