THE SENATE

S.B. NO.

1615

THIRTY-SECOND LEGISLATURE, 2023

S.D. 2

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 with 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 existing 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 existing 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 further 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 with 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 with an intellectual or 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 with an intellectual or 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.  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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to implement this measure, including funding for the establishment of       full-time equivalent (      FTE) positions.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

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

 

Description:

Requires the Developmental Disabilities Division of the Department of Health to amend the eligibility criteria for the Home and Community-Based Services Medicaid Waiver to include individuals with an intellectual or developmental disability and a comorbid mental illness.  Appropriates funds.  Effective 7/1/2050.  (SD2)

 

 

 

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