HOUSE OF REPRESENTATIVES

H.C.R. NO.

17

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF HEALTH DEVELOPMENTAL DISABILITIES DIVISION TO ESTABLISH A TASK FORCE TO REVIEW HAWAII'S STATUTORY DEFINITION OF "DEVELOPMENTAL DISABILITIES".

 

 

 


     WHEREAS, the definition of "developmental disabilities" in section 333F-1, Hawaii Revised Statutes, is a federal definition that was meant to be a functional or planning definition for states to further define; and

 

     WHEREAS, all states except Hawaii have further defined "developmental disabilities" in their respective state statutes or regulations; and

 

     WHEREAS, the state statutory definition of "developmental disabilities" is not a clinical definition but a legal definition; and

 

WHEREAS, developmental disabilities diagnoses are determined by licensed physicians or psychologists; and

 

     WHEREAS, in section 333F-1, Hawaii Revised Statutes, "developmental disabilities" is defined as "a severe, chronic disability of a person which:

 

     (1)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

 

     (2)  Is manifested before the person attains the age of twenty-two;

 

     (3)  Is likely to continue indefinitely;

 

     (4)  Results in substantial functional limitations in three or more of the following areas of major life activity; self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and

 

     (5)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated."; and

 

     WHEREAS, eligibility for Department of Health Developmental Disabilities Division services is based on the statutory definition of developmental disabilities; and

 

     WHEREAS, many people with behavioral challenges, including fetal alcohol syndrome, may not be covered by the current definition; and

 

     WHEREAS, the Department of Health seeks to collaborate across divisional statutory responsibilities and supports persons with disabilities and their families; and

 

     WHEREAS, the current program has limited funding that precludes adding new groups to the existing home- and community- based services without legislative appropriation; and

 

     WHEREAS, the United States Department of Health and Human Services, Centers for Medicare and Medicaid has instituted new options for Hawaii Medicaid programs that can benefit persons with developmental or physical disabilities through different state agencies; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Department of Health Developmental Disabilities Division is requested to establish a task force to:

 

     (1)  Review the current state statutory definition of "developmental disabilities" in comparison to other states, and study the impacts of changing the definition of "developmental disabilities";

 

     (2)  Discuss general eligibility issues relating to the current statutory definition of "developmental disabilities";

 

     (3)  Identify gap groups that are currently ineligible for developmental disabilities services, but are a part of the intellectual and developmental disabilities population; and

 

     (4)  Determine strategies to meet the increasing needs of the intellectual and developmental or physical disabilities population including but not limited to identifying and engaging agencies that can address such needs with a focus on identifying and attempting to provide appropriate safety net processes or services to as large a segment as feasible of the identified gap groups specified in paragraph (3); and

 

     BE IT FURTHER RESOLVED that the Director of Health or the Director's designee is requested to serve as chair of the task force; and

 

     BE IT FURTHER RESOLVED that the Director of Health or the Director's designee is requested to solicit representatives from the following entities to serve on the task force, provided that the persons who are selected to serve on the task force have background and knowledge of developmental disabilities within their respective organizations:

 

     (1)  Hawaii State Council on Developmental Disabilities;

 

     (2)  Hawaii Disability Rights Center;

 

     (3)  University of Hawaii Center on Disability Studies;

 

     (4)  Department of Human Services, Med-QUEST Division;

 

     (5)  House Committee on Health;

 

     (6)  Senate Committee on Health;

 

     (7)  National Association of State Directors of Developmental Disabilities Services;

 

     (8)  Individuals with intellectual and developmental disabilities;

 

     (9)  Family members and designated representatives of individuals with intellectual and developmental disabilities; and

 

    (10)  Any other individuals or entities that may contribute to the work of the task force; and

 

     BE IT FURTHER RESOLVED that members of the task force serve without compensation for time and expenses associated with task force activities; and

 

     BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations to the Legislature no later than 20 days before the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Director of Health, Director of Human Services, Executive Director of the Hawaii State Council on Developmental Disabilities, Executive Director of the Hawaii Disability Rights Center, Acting Director of the University of Hawaii Center on Disability Studies, and the National Association of State Directors of Developmental Disabilities Services.

Report Title: 

DOH Developmental Disabilities Division; Task Force