Report Title:

Health; Developmental Disabilities

Description:

Provides that the plans of care for developmentally disabled persons provide for "support," and not training, of persons in the licensed developmental disabilities domiciliary homes. Requires DOH to determine the rate of payment for residents in licensed homes without specifying the methodology. (HB1056 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1056

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

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

"[[]§321-15.9[]] Developmental disabilities domiciliary homes. (a) The department of health is authorized to license developmental disabilities domiciliary homes 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.

(b) For the purposes of this section, "developmental disabilities" shall be as defined under section 333E-2; and "mental retardation" shall be as defined under section 333F-1.

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

(1) Establish criteria for licensure of homes, 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;

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

(4) Provide for the licensure of homes of up to five persons who are developmentally disabled or mentally retarded, and who are not related to the home operator or facility 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 under this section.

(d) Rules adopted under this section shall be enforced by the director.

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

(f) The rate of payment for residents in the developmental disabilities domiciliary homes shall be determined on the same basis as domiciliary care homes as provided under section 346-53.

(g) The rate of additional payment for the reimbursement of providers of residential services for persons with developmental disabilities or mental retardation shall be determined by the department of health."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.