Report Title:

Developmental Disabilities; Receipt of Services; Residence

Description:

Allows individuals with developmental disabilities to receive home and community based services, regardless of whether the home the individual lives in is licensed.

THE SENATE

S.B. NO.

1024

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to developmental disabilities.

 

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

SECTION 1. The legislature finds that while laws licensing homes for people with developmental disabilities were originally designed to protect the welfare of these individuals, they have resulted in unnecessarily denying them their right to freedom of choice. Individuals who are not developmentally disabled have the right to live in the residence of their choice. Developmentally disabled individuals, however, are often forced to reside in homes which are licensed, or they are prevented from residing in homes of their choice simply because the homes are not licensed. This is fundamentally unfair and discriminatory to these individuals.

The trend today in the provision of services for individuals with developmental disabilities is to allow for greater freedom of choice and consumer direction in the implementation of these services. The same should be equally true in the fulfillment of their housing needs.

The purpose of this Act, therefore, is to expand the range of choices for people with developmental disabilities and to guarantee them the same rights and freedoms enjoyed by others in exercising their right to decide where they shall reside.

SECTION 2. Section 333F-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Persons with developmental disabilities or mental retardation shall have the following rights:

(1) To receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person’s individualized service plan;

(2) To reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person’s home community within the State[;], and to receive any home and community based services, if otherwise eligible, in their home, regardless of whether the residence is licensed pursuant to chapter 321; provided that health and safety issues are addressed through the resident's individual service plan;

(3) To the extent it is individually appropriate as decided after due consideration afforded the preferences of the person with developmental disabilities or mental retardation, to:

(A) Interact with persons without disabilities in a nontreatment, nonservice-oriented setting;

(B) Live with, or in close proximity to, persons without disabilities; and

(C) Live in a setting which closely approximates those conditions available to persons without disabilities of the same age;

(4) To reasonable access to review medical, service, and treatment files and to be informed of diagnoses;

(5) To develop a plan with the input of family and friends that identifies the supports needed to accomplish the plan rather than purchase a program;

(6) To control, with the help of family and friends as necessary, an identified amount of dollars to accomplish the plan;

(7) To direct the provision of resources, both paid and unpaid, that will assist an individual with a disability to live a life in the community rich in community association and contribution;

(8) To a valued role in the community through employment, participation in community activities, volunteering, including being accountable for spending public dollars in ways that are life enhancing; and

(9) To privacy and confidentiality, to the extent possible, in connection with services provided to the person."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________