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THE SENATE |
S.B. NO. |
2472 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to social services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that when the federal government first established the needs allowance in 1974, the allowance was set at $25 per month, which was then subsequently increased to $30 in 1998. In 2007, the legislature enacted Act 96, Session Laws of Hawaii 2007, which increased the monthly needs allowance to $50 to better accommodate the increase in the cost of living. However, the allowance has not been increased since then. The legislature believes that the personal needs allowance must be increased in order to effectively support individuals residing in long-term care facilities.
Accordingly, the purpose of this Act is to increase the personal needs allowance from $50 to $75.
SECTION 2. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) 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,] 2024,
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;] $676.90; and
(2) Beginning on July 1, [2008,] 2024,
for adult residential care homes classified as facility type II, the state
supplemental payment shall not exceed [$759.90.] $ .
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."
SECTION 3. Section 346D-4.5, Hawaii Revised Statutes, is amended to read as follows:
"§346D-4.5 Needs allowance; waiver program individuals. (a) There may be established a monthly needs allowance for individuals living in:
(1) Adult residential care home type I and type II facilities;
(2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9;
(3) Community care foster family homes as defined in section 321-481;
(4) Certified adult foster homes as defined in section 321-11.2;
(5) Domiciliary care as defined in section 346-1;
(6) A nursing facility as defined in
section 346E-1; or
(7) A community-based residence as part of the residential alternatives community care program.
(b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living.
(c) The State's supplemental payment for a needs
allowance under subsection (a) shall be increased by an amount necessary to
bring the allowance up to [$50] $75 per month. The payment under this section shall be
afforded to an individual notwithstanding that the individual is incapacitated;
provided that the moneys may be spent on behalf of the client, with a written
accounting, by the operator of the residence or facility.
(d) The needs allowance is not intended to
replace or affect the funds received from the federal supplemental security
income program and shall be supplemental to any funds provided to a recipient
by the federal supplemental security income program.
(e) The operators of facilities listed under
subsection (a) shall pay for generic toiletries, including toilet paper, hand
soap, and paper towels; linens, including bedding, sheets, blankets, towels,
and bath towels; and meals and snacks for outings; provided that operators
shall not use the needs allowance without the consent of the individual
receiving the needs allowance; provided further that an operator shall maintain
records of when an individual authorizes the use of their needs allowance that
describes how the money from the needs allowance was spent.
(f) The needs allowance shall apply to persons
otherwise eligible to receive monthly income pursuant to state law or rules and
federal laws or regulations and is not intended to affect the classifications
of, or number of, persons eligible to receive such funds.
(g) The department of human services shall perform an annual review of the monthly needs allowance to ensure the allowance provides adequate coverage. The department of human services shall submit a report of corrections or improvements to the monthly needs allowance, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025, and every regular session thereafter."
SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 5. 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 2024-2025 to provide a monthly needs allowance to individuals eligible pursuant to section 346D-4.5, Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Kupuna Caucus; Needs Allowance; Long-term Care Facilities; Expenditure Ceiling; Appropriation
Description:
Increases the monthly needs allowance from $50 to $75. Clarifies that the needs allowance is not intended to replace or affect funds received from the federal supplemental security income program. Requires certain long-term care facility operators to pay for generic toiletries, linens, and meals and snacks. Requires the department of human services to perform an annual review of the needs allowance. Declares that the general fund expenditure ceiling is exceeded. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.