REPORT TITLE:
Personal care services


DESCRIPTION:
Repeals unnecessary personal care services provisions which are
now provided through the home and community-based medicaid waiver
programs.

 
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                                                        1053
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PERSONAL CARE SERVICES PAYMENT.



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

 1      SECTION 1.  Section 346-64, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      ["346-64  Personal care; payment for services.(a)  The
 
 4 department shall provide, subject to legislative appropriations,
 
 5 personal care services to medical assistance recipients:
 
 6      (1)  Whose physical disabilities are of a degree that would
 
 7           require placement in an intermediate care facility or
 
 8           skilled nursing facility, if the personal care services
 
 9           were not provided; and
 
10      (2)  Who have no responsible relative or friend willing to
 
11           volunteer assistance in the bathing, dressing, and
 
12           feeding of the recipient, the performance of toilet and
 
13           personal hygiene functions by the recipient, and other
 
14           household tasks.
 
15 Personal care services provided under this section shall be
 
16 funded under the medical assistance program.  The department
 
17 shall provide personal care services in compliance with federal
 
18 laws and rules.
 
19      (b)  "Personal care services" mean services to assist in
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 bathing, dressing, and feeding; performance of toilet and
 
 2 personal hygiene functions; assistance with medications which are
 
 3 ordinarily self-administered; assistance with mobility and
 
 4 transfer activities; and other household tasks which are related
 
 5 to a medical need.
 
 6      (c)  The payment for personal care services for a recipient
 
 7 during a month shall not exceed sixty-five per cent of the
 
 8 average monthly medical assistance payment for a recipient in an
 
 9 intermediate care facility.  The department or its authorized
 
10 agent shall make a comprehensive assessment of and provide a
 
11 written plan of care to a recipient receiving personal care
 
12 services.
 
13      (d)  The department shall compute the average monthly
 
14 medical assistance payment for a recipient in an intermediate
 
15 care facility by rule in accordance with chapter 91.
 
16      (e)  Nothing in this section shall be construed as limiting
 
17 the department from providing other services in programs under
 
18 its jurisdiction to recipients under this section who may be
 
19 eligible for such services.
 
20      (f)  The department may adopt rules in accordance with
 
21 chapter 91 for the purpose of this section."]
 
22      SECTION 2.  Statutory material to be repealed is bracketed.
 
23      SECTION 3.  This Act shall take effect upon its approval. 
 
24 
 
25                           INTRODUCED BY:  _______________________
 

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