HOUSE OF REPRESENTATIVES

H.C.R. NO.

63

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

continuing the joint senate-house investigative committee to investigate the state's efforts to comply with the felix consent decree.

 

 

WHEREAS, during the Regular Session of 2001, the Legislature adopted Senate Concurrent Resolution No. 65, S.D. 1, H.D. 1, which established a joint Senate-House Investigative Committee (Committee) to investigate the State's efforts to comply with the Felix Consent Decree; and

WHEREAS, from June to November 2001, the Committee conducted an intensive investigation and held a series of public hearings focusing on the misidentification of Felix class members, questionable Felix-related expenditures, and potential conflicts of interest by individuals and entities involved with the Felix Consent Decree; and

WHEREAS, as stated in its December 26, 2001, report to the Legislature, the Committee "was troubled by much of what it uncovered about the impact of the Felix consent decree" and "[d]espite good intentions and improved services to some children with mental disabilities, the decree resulted in a Pandora's box of unintended consequences"; and

WHEREAS, the Committee had made conclusions and recommendations regarding several important issues including:

(1) Undefined, unclear, and costly Felix compliance requirements;

(2) Department of Education fiscal management problems;

(3) Inadequate oversight and accountability;

(4) Problems stemming from the extraordinary powers granted by the federal court to the Superintendent of Education and Director of Health;

(5) Conflicts of interests and self-serving practices; and

(6) Waste and profiteering; and

WHEREAS, despite the substantial work completed by the Committee, the Committee further concluded that its work would not be complete by the date the Committee would dissolve pursuant to Senate Concurrent Resolution No. 65 (2001); and

WHEREAS, the Committee was authorized to extend its work until June 30, 2003, by House Concurrent Resolution No. 7, H.D. 1, adopted during the Regular Session of 2002; and

WHEREAS, the Committee was again authorized to extend its work until June 30, 2004, by House Concurrent Resolution No. 96, adopted during the Regular Session of 2003; and

WHEREAS, a $1,000,000, settlement announced on February 5, 2003, marked the first development in an investigation of suspected fraud, abuse, and overcharging in connection with the Felix Consent Decree; and

WHEREAS, investigators with the Department of the Attorney General are currently looking into billings by other care providers and recently obtained a "no contest" plea from a therapeutic aide charged with ten felony counts of medical assistance fraud; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that:

(1) The Committee established pursuant to Senate Concurrent Resolution No. 65 (2001) and chapter 21, Hawaii Revised Statutes, and continued pursuant to House Concurrent Resolution Nos. 7 (2002) and 96 (2003), to investigate the State's compliance with the Felix Consent Decree is hereby authorized to reconstitute in the manner prescribed under Senate Concurrent Resolution No. 65 (2001) and chapter 21, Hawaii Revised Statutes, and continued pursuant to House Concurrent Resolution Nos. 7 (2002) and 96 (2003), to continue its work;

(2) The Committee, as hereby authorized, shall have and maintain the same purpose, powers, authority, and duties prescribed in Senate Concurrent Resolution No. 65 (2001), House Concurrent Resolution No. 7 (2002), and House Concurrent Resolution No. 96 (2003) and may exercise its powers throughout the Regular Session of 2004, during the interim between the Regular Sessions of 2004 and 2005, throughout the Regular Session of 2005, and shall be dissolved on June 30, 2005;

(3) The subject matter and the scope of the Committee's investigatory authority, and the number of its members shall be the same as prescribed in Senate Concurrent Resolution No. 65 (2001), House Concurrent Resolution No. 7 (2002), and House Concurrent Resolution No. 96 (2003) and incorporated by reference in this Concurrent Resolution; provided that the subject matter and scope of the Committee's investigatory authority shall extend to and include:

(A) Alleged fraud, abuse, and overcharging in the implementation of the federal court order to improve services to Hawaii's special-needs students; and

(B) The questioning of current and former members of the Felix Monitoring Project and the Felix Technical Assistance Panel, if deemed necessary and appropriate; and

BE IT FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representatives, from time to time, may refer to the Committee specific matters that are within the scope of the Committee's jurisdiction, and that the Committee shall work in cooperation with the President and Speaker for the purposes stated in this Concurrent Resolution; and

BE IT FURTHER RESOLVED that the Committee shall submit its written findings and recommendations to the Legislature at least twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Speaker of the House of Representatives, President of the Senate, Chairperson of the Board of Education, Superintendent of Education, and Director of Health.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Joint Senate-House Investigative Committee; Felix Consent Decree