Report Title:

Developmental Disabilities Residential Services

Description:

Authorizes the department of health to reimburse developmental disabilities residential services for individuals with developmental disabilities or mental retardation.

HOUSE OF REPRESENTATIVES

H.B. NO.

1055

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to human services.

 

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

SECTION 1. Developmental disabilities residential service providers provide important residential care services for individuals with developmental disabilities or mental retardation. Presently, the providers of these services are not being adequately reimbursed by the State for the high quality residential services they provide to these individuals. As a result, a number of developmental disabilities domiciliary homes are forced to close due to a lack of adequate funding. This is a significant concern to the State, given that the majority of these people would have been cared for by the State at Waimano Training School and Hospital, prior to its closing in June 1999.

The purpose of this Act is to ensure that developmental disabilities residential service providers are adequately reimbursed for the residential services they provide.

SECTION 2. Section 321-15.9, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"[[]§321-15.9[]] Developmental disabilities [domiciliary homes.] residential services."

2. By amending subsection (a) to read as follows:

"(a) The department of health is authorized to license, if appropriate, developmental disabilities [domiciliary homes] residential settings for individuals with developmental disabilities or mental retardation who are unable to live independently and who require supervision or care, but do not require care by licensed nurses [in a domiciliary setting]."

3. By amending subsection (c) to read as follows:

"(c) The director shall adopt rules regarding developmental disabilities [domiciliary homes] residential services in accordance with chapter 91 which shall be designed to:

(1) Establish criteria and/or provide for licensure of [homes] residential settings, including inspections, registration, fees, qualifications of operators and staff, and other factors necessary to ensure [the] safe and appropriate operation [of each home];

(2) Protect the health, safety, and civil rights of persons residing in [the homes;] these settings;

(3) Provide for plans of care which include community integration and [training] support of persons residing in [the licensed homes;] these settings;

(4) [Provide for the licensure of homes of up to] No licensed residential setting shall have more than five persons [who are developmentally disabled or mentally retarded,] with developmental disabilities or mental retardation, and who are not related to the [home operator or facility] service provider staff;

(5) Establish penalties for the failure to comply with any rule; [and]

(6) Establish criteria for training of operators and staff of any [facility licensed] setting under this section[.]; and

(7) Establish a fee schedule for the reimbursement of residential services provided for persons with developmental disabilities or mental retardation."

4. By amending subsections (e) and (f) to read:

"(e) The department shall maintain a registry of all [facilities licensed] residential settings under this section and a current inventory of vacancies to facilitate the placement of individuals in these [facilities.] settings.

(f) The rate of payment for [residents in the] developmental disabilities [domiciliary homes] residential services shall be determined [on the same basis as domiciliary care homes as provided under section 346-53.] by the department pursuant to subsection (c)."

SECTION 3. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care provided to recipients eligible either for Federal Supplementary Security Income, or public assistance in accordance with state standards, or both. The director shall provide for level of care payment as follows:

(1) For those adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes, and adult foster homes, the state supplemental payment shall not exceed $521.90; and

(2) For those adult residential care homes classified as facility type II, the state supplementary payment shall not exceed $629.90.

If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.

The department shall handle abusive practices under this section in accordance with chapter 91.

Nothing in this subsection allows the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided, or where the recipient no longer requires any domiciliary care."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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