HOUSE OF REPRESENTATIVES

H.R. NO.

154

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE DEVELOPMENTAL DISABILITIES DIVISION OF THE DEPARTMENT OF HEALTH TO SUBMIT A PROGRESS REPORT ON THE RESULTS OF AUDITS AND REVIEWS OF THE HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES OR MENTAL RETARDATION.

 

 

WHEREAS, under chapter 333F, Hawaii Revised Statutes (HRS), the Department of Health, through its Developmental Disabilities Division, is charged with developing, leading, administering, coordinating, monitoring, evaluating, and setting direction for a comprehensive system of supports and services for persons with developmental disabilities or mental retardation within the limits of state or federal resources; and

WHEREAS, under section 333F-3, HRS, the Department of Health is required to develop and administer a community service delivery system to design, implement, administer, coordinate, monitor, and evaluate the programs and services of the Department for persons with developmental disabilities or mental retardation; and

WHEREAS, under section 333F-2, HRS, the Department is further required to maximize its funds for community services, using various funding sources including state matching funds for Title XIX programs; and

WHEREAS, under section 333F-17.5, HRS, all earned Title XIX funds collected for community program services are required to be deposited to the credit of the state general fund; and

WHEREAS, under section 333F-13, HRS, the Department of Health, with the approval of the Governor, is permitted to transfer from the funds appropriated to the Department for the care and treatment of persons with developmental disabilities or mental retardation, to the Department of Human Services, amounts requested by the Department of Human Services to match federal funds available under Title XIX of the Social Security Act to assist any indigent or medically indigent persons to pay for care and treatment; and

WHEREAS, there have been various allegations of improper administration or misuse of funds in connection with Title XIX funds within the Developmental Disabilities Division; and

WHEREAS, the Department of Human Services is conducting an internal audit of all payments, including payments for developmental disabilities or mental retardation, made during the transition period of October 1, 2002, through June 30, 2003; and

WHEREAS, this internal audit will be conducted with oversight provided by the Federal Centers for Medicare and Medicaid Services and will be completed on June 30, 2005; and

WHEREAS, in addition, the Department of Human Services is undergoing an external financial and compliance audit of all services, including Medicaid waiver programs, conducted by Grant Thornton; and

WHEREAS, the results of the Grant Thornton audit will be available on June 30, 2005; and

WHEREAS, the Medicaid waiver program for individuals with developmental disabilities or mental retardation is also preparing for a review by the Centers for Medicare and Medicaid Services of financial payments made during the period of July 1, 2001, to June 30, 2006; and

WHEREAS, the Centers for Medicare and Medicaid Services review will be comprehensive and will encompass a programmatic examination of individual assessments, services provided, and payments for services; and

WHEREAS, the Department of Health is conducting an analysis of waiver spending on home and community based services that will include specifics such as individual, age, type of service, location, case management unit, and other variables of service delivery; and

WHEREAS, the Department of Health is also currently conducting a review of scores based on the Inventory for Client and Agency Planning to assist in the development of individual waiver budgets; and

WHEREAS, the participation and assistance by staff of the Developmental Disabilities Division in each and all of these audit and review activities are separate and time consuming; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Developmental Disabilities Division of the Department of Health is requested to submit a progress report on the results of the audits and reviews with respect to the home and community based services waiver program for individuals with developmental disabilities or mental retardation; and

BE IT FURTHER RESOLVED that the Department of Health is requested to report results of the audits and reviews, and its own findings and recommendations, including any necessary proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Director of Health.

Report Title:

Financial Audit of Developmental Disabilities Division, DOH