STAND. COM. REP. NO. 1171

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1371

       H.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Health, to which was referred H.B. No. 1371, H.D. 2, entitled:

 

"A BILL FOR AN ACT MAKING AN EMERGENCY APPROPRIATION FOR THE DEVELOPMENTAL DISABILITIES DIVISION OF THE DEPARTMENT OF HEALTH,"

 

begs leave to report as follows:

 

     The purpose of this measure is to support individuals with developmental disabilities to live in the community.

 

     Specifically, this measure makes an emergency appropriation for the Developmental Disabilities Division of the Department of Health (Division) to comply with the settlement agreement in Hawaii Disability Rights Center v. State of Hawaii, U.S. District Ct., Civil No. 03-00524, the Americans with Disabilities Act, and the 1999 Supreme Court decision in Olmstead v. L.C. ex rel. Zimring.

 

     Your Committee received testimony in support of this measure from the Department of Health, the State Council on Developmental Disabilities, and Family Voices of Hawaii.

 

     The additional funds are necessary to support the Division's existing clients and to reasonably admit individuals into the State's Medicaid title XIX program as required under federal law and federal court rulings.

 

     Your Committee finds that this emergency appropriation will ensure that individuals with developmental disabilities who choose to live in the least restrictive community environment are provided home and community based services.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1371, H.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

____________________________

DAVID Y. IGE, Chair