REPORT TITLE:
Disabilities


DESCRIPTION:
Creates the developmental disabilities special fund; requires the
DHS to provide supported living stipends to persons with
developmental disabilities or mental retardation (DD/MR); makes
appropriations for DD/MR. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        632
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISABILITIES.



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

 1      SECTION 1.  Chapter 333F, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§333F-     Developmental disabilities special fund.  (a)
 
 5 There is established in the state treasury the developmental
 
 6 disabilities special fund for the purpose of maximizing funds
 
 7 under section 333F-2(e), into which shall be deposited:
 
 8      (1)  Program income consisting of reimbursement funds
 
 9           received by the State for targeted case management
 
10           services for individuals with developmental
 
11           disabilities or mental retardation;
 
12      (2)  Appropriations by the legislature to the developmental
 
13           disabilities special fund; and
 
14      (3)  Gifts, grants, and other funds accepted by the
 
15           department for individuals with developmental
 
16           disabilities or mental retardation.
 
17      (b)  Moneys in the developmental disabilities special fund
 
18 under subsection (a) shall be appropriated solely for Title XIX
 
19 home and community based waiver services for individuals with
 

 
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 1 developmental disabilities or mental retardation."
 
 2      SECTION 2.  Section 333F-2, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (c) to read as follows:
 
 4      "(c)  Supports and services the department shall administer
 
 5 include, but shall not be limited to:
 
 6      (1)  Early identification and evaluation of persons with
 
 7           developmental disabilities or mental retardation;
 
 8      (2)  Development, planning, and implementation in
 
 9           coordination with other federal, state, and county
 
10           agencies, of service programs for persons with
 
11           developmental disabilities or mental retardation;
 
12      (3)  Development and provision of service programs in the
 
13           public or private sectors through chapter 42F or
 
14           chapter 103F, for persons with developmental
 
15           disabilities or mental retardation;
 
16      (4)  Establishment of a continuum of comprehensive services
 
17           and residential alternatives in the community to allow
 
18           persons with developmental disabilities or mental
 
19           retardation to live in the least restrictive,
 
20           individually appropriate environment;
 
21      (5)  Development and implementation of a program for single-
 
22           entry access by persons with developmental disabilities
 
23           or mental retardation to services provided under this
 

 
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 1           chapter as well as referral to, and coordination with,
 
 2           services provided in the private sector or under other
 
 3           federal, state, or county acts, and the development of
 
 4           an individualized service plan by an interdisciplinary
 
 5           team;
 
 6      (6)  Collaborative and cooperative services with public
 
 7           health and other groups for programs to prevent
 
 8           developmental disabilities or mental retardation;
 
 9      (7)  Informational and educational services to the general
 
10           public and to lay and professional groups;
 
11      (8)  Consultative services to the judicial branch of
 
12           government, educational institutions, and health and
 
13           welfare agencies whether the agencies are public or
 
14           private;
 
15      (9)  Provision of community residential alternatives for
 
16           persons with developmental disabilities or mental
 
17           retardation, including group homes and homes meeting
 
18           ICF/MR standards;
 
19     (10)  Provision of care at the skilled nursing level or in a
 
20           skilled nursing facility, as individually appropriate;
 
21     (11)  Provision of other programs, services, or facilities
 
22           necessary to provide a continuum of care for persons
 
23           with developmental disabilities or mental retardation;
 

 
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 1     (12)  Provision of case management services independent of
 
 2           the direct service provider; [and]
 
 3     (13)  Development and maintenance of respite services in the
 
 4           community for persons with developmental disabilities
 
 5           or mental retardation[.]; and
 
 6     (14)  Provision of supported living stipends for persons with
 
 7           developmental disabilities or mental retardation
 
 8           choosing to live independently in a setting other than
 
 9           a licensed residential facility."
 
10      SECTION 3.  There is appropriated out of the general
 
11 revenues of the State of Hawaii the sum of $         , or so much
 
12 thereof as may be necessary for fiscal year 1999-2000, and
 
13 $         , or so much thereof as may be necessary for fiscal
 
14 year 2000-2001, to provide increased Title XIX home and community
 
15 based waiver services for individuals with mental retardation or
 
16 developmental disabilities and to support changes to the present
 
17 system so that it is more flexible and responsive to meet the
 
18 needs of families.
 
19      SECTION 4.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $          , or so
 
21 much thereof as may be necessary for fiscal year 1999-2000, for
 
22 the state planning council on developmental disabilities in the
 
23 department of health to contract with a qualified independent
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        


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

 
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 1 New statutory material is underscored.
 
 2      SECTION 10.  This Act shall take effect on January 1, 2000;
 
 3 provided that sections 3, 4, and 5 shall take effect on July 1,
 
 4 1999.