REPORT TITLE:
Dev. Disabilities, Retardation 


DESCRIPTION:
Appropriates funds for the developmentally disabled (DD),
mentally retarded (MR).  Sets up the Developmental Disabilities
Special Fund.  Allows services for DD/MR living independently
outside of licensed facilities.  Requires an audit of case
management services provided by DOH for DD/MR.  (HB632 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        632
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DISABILITIES.



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

 1      SECTION 1.  Section 333F-2, Hawaii Revised Statutes, is
 
 2 amended by:
 
 3      1.  Amending subsection (a) to read as follows:
 
 4      "(a)  The department shall develop, lead, administer,
 
 5 coordinate, monitor, evaluate, and set direction for a
 
 6 comprehensive system of supports and services for persons with
 
 7 developmental disabilities or mental retardation within the
 
 8 limits of state or federal resources allocated or available for
 
 9 the purposes of this chapter.  The department shall administer or
 
10 may provide available supports and services based on a client-
 
11 centered plan, which resulted from client choices and
 
12 decision-making that allowed and respected client self-
 
13 determination.  The department may designate area agencies or
 
14 managed support organizations for this purpose.
 
15      The department's responsibility for persons with
 
16 developmental disabilities or mental retardation shall be under
 
17 one administrative unit for the purpose of coordination,
 
18 monitoring, evaluation, and delivery of services.  Not later than
 
19 June 30, 1999, all programs and services falling under this
 

 
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 1 chapter shall be provided in the community, including services
 
 2 presently provided at Waimano training school and hospital.  When
 
 3 the private sector does not provide or is not able to provide the
 
 4 services, the department shall provide the services.  Clients at
 
 5 Waimano training school and hospital shall be placed into
 
 6 community-based programs provided appropriate support services
 
 7 are available.
 
 8      The department shall convene a panel not later than
 
 9 August 1, 1995, to create a plan to provide services in the
 
10 community and to ensure that the transition of Waimano training
 
11 school and hospital residents to the community will be client-
 
12 centered, taking into consideration the health, safety, and
 
13 happiness of the residents and the concerns of their families.
 
14 The panel shall consist of but not be limited to consumers,
 
15 families, representatives from the private sector, employees and
 
16 employee representatives, professionals, representatives of the
 
17 University of Hawaii affiliate program, and representatives of
 
18 the state planning council on developmental disabilities."
 
19      2.  Amending subsection (c) to read as follows:
 
20      "(c)  Supports and services the department shall administer
 
21 include, but shall not be limited to:
 
22      (1)  Early identification and evaluation of persons with
 
23           developmental disabilities or mental retardation;
 

 
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 1      (2)  Development, planning, and implementation in
 
 2           coordination with other federal, state, and county
 
 3           agencies, of service programs for persons with
 
 4           developmental disabilities or mental retardation;
 
 5      (3)  Development and provision of service programs in the
 
 6           public or private sectors through chapter 42F or
 
 7           chapter 103F, for persons with developmental
 
 8           disabilities or mental retardation;
 
 9      (4)  Establishment of a continuum of comprehensive services
 
10           and residential alternatives in the community to allow
 
11           persons with developmental disabilities or mental
 
12           retardation to live in the least restrictive,
 
13           individually appropriate environment;
 
14      (5)  Development and implementation of a program for single-
 
15           entry access by persons with developmental disabilities
 
16           or mental retardation to services provided under this
 
17           chapter as well as referral to, and coordination with,
 
18           services provided in the private sector or under other
 
19           federal, state, or county acts, and the development of
 
20           an individualized service plan by an interdisciplinary
 
21           team;
 
22      (6)  Collaborative and cooperative services with public
 
23           health and other groups for programs to prevent
 
24           developmental disabilities or mental retardation;
 

 
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 1      (7)  Informational and educational services to the general
 
 2           public and to lay and professional groups;
 
 3      (8)  Consultative services to the judicial branch of
 
 4           government, educational institutions, and health and
 
 5           welfare agencies whether the agencies are public or
 
 6           private;
 
 7      (9)  Provision of community residential alternatives for
 
 8           persons with developmental disabilities or mental
 
 9           retardation, including group homes and homes meeting
 
10           ICF/MR standards;
 
11     (10)  Provision of care at the skilled nursing level or in a
 
12           skilled nursing facility, as individually appropriate;
 
13     (11)  Provision of other programs, services, or facilities
 
14           necessary to provide a continuum of care for persons
 
15           with developmental disabilities or mental retardation;
 
16     (12)  Provision of case management services independent of
 
17           the direct service provider; [and]
 
18     (13)  Development and maintenance of respite services in the
 
19           community for persons with developmental disabilities
 
20           or mental retardation[.]; and
 
21     (14)  Provision of supported living stipend for persons with
 
22           developmental disabilities or mental retardation
 
23           choosing to live independently in a setting other than
 
24           a licensed residential facility."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Section 333F-17.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§333F-17.5  [Disposition of Title XIX funds.  All earned
 
 4 Title XIX funds collected for community program services under
 
 5 this chapter shall be deposited to the credit of the state
 
 6 general fund.]  Developmental disabilities special fund.  There
 
 7 is established in the state treasury a special fund to be known
 
 8 as the developmental disabilities special fund to be administered
 
 9 by the department in accordance with this section.  Program
 
10 income consisting of Medicaid reimbursement funds received by the
 
11 State for targeted case management services for persons with
 
12 developmental disabilities or mental retardation funded by
 
13 legislative appropriation under this part shall be deposited into
 
14 the special fund; provided that no state appropriations shall be
 
15 deposited into the special fund.  The fund shall be used for
 
16 Title XIX home and community-based waiver services for persons
 
17 with developmental disabilities or mental retardation."
 
18      SECTION 3.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $1 or so much thereof
 
20 as may be necessary to phase in six hundred eleven individuals
 
21 with developmental disabilities or mental retardation during
 
22 fiscal year 1999-2000 and the same sum or so much thereof as may
 
23 be necessary to serve these six hundred eleven individuals with
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 developmental disabilities or mental retardation in fiscal year
 
 2 2000-2001 in the Title XIX Medicaid home and community-based
 
 3 services waiver program; provided that no funds shall be made
 
 4 available under this Act unless the federal government provides a
 
 5 dollar-for-dollar match for federal Title XIX Medicaid funds for
 
 6 individuals with developmental disabilities or mental retardation
 
 7 who are eligible and would benefit from Title XIX Medicaid home
 
 8 and community-based services program.
 
 9      The sums appropriated shall be expended by the department of
 
10 health for the purposes of this Act.
 
11      SECTION 4.  There is appropriated out of the general
 
12 revenues of the State of Hawaii the sum of $1 or so much thereof
 
13 as may be necessary for fiscal year 1999-2000 for the state
 
14 planning council on developmental disabilities in the department
 
15 of health to contract with a qualified independent entity to
 
16 conduct a programmatic evaluation of case management services
 
17 provided by the department of health.
 
18      The sum appropriated shall be expended by the department of
 
19 health for the purposes of this Act.
 
20      SECTION 5.  There is appropriated out of the developmental
 
21 disabilities special fund of the State of Hawaii the sum of $1 or
 
22 so much thereof as may be necessary for fiscal year 1999-2000 and
 
23 the same sum or so much thereof as may be necessary for fiscal
 

 
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 1 year 2000-2001 for Title XIX home and community-based waiver
 
 2 services for individuals with developmental disabilities or
 
 3 mental retardation.
 
 4      The sums appropriated shall be expended by the department of
 
 5 health for the purposes of this Act.
 
 6      SECTION 6.  There is appropriated out the department of
 
 7 human services "U" fund in HMS601 the sum of $1 or so much
 
 8 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 9 of $1 or so much thereof as may be necessary for fiscal year
 
10 2000-2001 for Title XIX home and community-based waiver services
 
11 for persons with developmental disabilities or mental
 
12 retardation.
 
13      The sums appropriated shall be expended by the department of
 
14 human services for the purposes of this Act.  
 
15      SECTION 7.  The auditor shall conduct an independent
 
16 financial evaluation of case management services provided by the
 
17 department of health pursuant to section 333F-2(c)(12), Hawaii
 
18 Revised Statutes.
 
19      The auditor shall report the findings and recommendations to
 
20 the legislature no later than twenty days prior to the convening
 
21 of the regular session of 2000.
 
22      SECTION 8.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 9.  This Act shall take effect on July 1, 1999.