REPORT TITLE:
Dev. Disabilities, Retardation 


DESCRIPTION:
Appropriations for developmentally disabled (DD), mentally
retarded (MR); sets up special fund for developmentally disabled;
allows services for DD/MR living independently outside of
licensed facilities; requires audit of case management services
provided by DOH for DD/MR.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           154
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISABILITIES.
 


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

 1      SECTION 1.  Chapter 333F, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "333F-     Developmental disabilities special fund.  (a)
 
 5 There is established in the state treasury the developmental
 
 6 disabilities special fund for the purpose of maximizing funds
 
 7 under section 333F-2(e), into which shall be deposited:
 
 8      (1)  Program income consisting of reimbursement funds
 
 9           received by the State for targeted case management
 
10           services for individuals with developmental
 
11           disabilities or mental retardation;
 
12      (2)  Appropriations by the legislature to the developmental
 
13           disabilities special fund; and 
 
14      (3)  Gifts, grants, and other funds accepted by the
 
15           department for individuals with developmental
 
16           disabilities or mental retardation.
 
17      (b)  Moneys in the developmental disabilities special fund
 
18 under subsection (a) shall be appropriated solely for Title XIX
 
19 home and community based waiver services for individuals with
 

 
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 1 developmental disabilities or mental retardation." 
 
 2      SECTION 2.  Section 333F-2, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  The department shall develop, lead, administer,
 
 5 coordinate, monitor, evaluate, and set direction for a
 
 6 comprehensive system of supports and services for persons with
 
 7 developmental disabilities or mental retardation within the
 
 8 limits of state or federal resources allocated or available for
 
 9 the purposes of this chapter.  The department shall administer or
 
10 may provide available supports and services based on a client-
 
11 centered plan, which resulted from client choices and
 
12 decision-making that allowed and respected client self-
 
13 determination.  The department may designate area agencies or
 
14 managed support organizations for this purpose.
 
15      The department's responsibility for persons with
 
16 developmental disabilities or mental retardation shall be under
 
17 one administrative unit for the purpose of coordination,
 
18 monitoring, evaluation, and delivery of services.  Not later than
 
19 June 30, 1999, all programs and services falling under this
 
20 chapter shall be provided in the community, including services
 
21 presently provided at Waimano training school and hospital.  When
 
22 the private sector does not provide or is not able to provide the
 
23 services, the department shall provide the services.  Clients at
 

 
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 1 Waimano training school and hospital shall be placed into
 
 2 community-based programs provided appropriate support services
 
 3 are available.
 
 4      The department shall convene a panel not later than
 
 5 August 1, 1995, to create a plan to provide services in the
 
 6 community and to ensure that the transition of Waimano training
 
 7 school and hospital residents to the community will be client-
 
 8 centered, taking into consideration the health, safety, and
 
 9 happiness of the residents and the concerns of their families.
 
10 The panel shall consist of but not be limited to consumers,
 
11 families, representatives from the private sector, employees and
 
12 employee representatives, professionals, representatives of the
 
13 University of Hawaii affiliate program, and representatives of
 
14 the state planning council on developmental disabilities."
 
15      SECTION 3.  Section 333F-2, Hawaii Revised Statutes, is
 
16 amended by amending subsection (c) to read as follows:
 
17      "(c)  Supports and services the department shall administer
 
18 include, but shall not be limited to:
 
19      (1)  Early identification and evaluation of persons with
 
20           developmental disabilities or mental retardation;
 
21      (2)  Development, planning, and implementation in
 
22           coordination with other federal, state, and county
 
23           agencies, of service programs for persons with
 

 
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 1           developmental disabilities or mental retardation;
 
 2      (3)  Development and provision of service programs in the
 
 3           public or private sectors through chapter 42F or
 
 4           chapter 103F, for persons with developmental
 
 5           disabilities or mental retardation;
 
 6      (4)  Establishment of a continuum of comprehensive services
 
 7           and residential alternatives in the community to allow
 
 8           persons with developmental disabilities or mental
 
 9           retardation to live in the least restrictive,
 
10           individually appropriate environment;
 
11      (5)  Development and implementation of a program for single-
 
12           entry access by persons with developmental disabilities
 
13           or mental retardation to services provided under this
 
14           chapter as well as referral to, and coordination with,
 
15           services provided in the private sector or under other
 
16           federal, state, or county acts, and the development of
 
17           an individualized service plan by an interdisciplinary
 
18           team;
 
19      (6)  Collaborative and cooperative services with public
 
20           health and other groups for programs to prevent
 
21           developmental disabilities or mental retardation;
 
22      (7)  Informational and educational services to the general
 
23           public and to lay and professional groups;
 

 
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 1      (8)  Consultative services to the judicial branch of
 
 2           government, educational institutions, and health and
 
 3           welfare agencies whether the agencies are public or
 
 4           private;
 
 5      (9)  Provision of community residential alternatives for
 
 6           persons with developmental disabilities or mental
 
 7           retardation, including group homes and homes meeting
 
 8           ICF/MR standards;
 
 9     (10)  Provision of care at the skilled nursing level or in a
 
10           skilled nursing facility, as individually appropriate;
 
11     (11)  Provision of other programs, services, or facilities
 
12           necessary to provide a continuum of care for persons
 
13           with developmental disabilities or mental retardation;
 
14     (12)  Provision of case management services independent of
 
15           the direct service provider; [and]
 
16     (13)  Development and maintenance of respite services in the
 
17           community for persons with developmental disabilities
 
18           or mental retardation[.]; and
 
19     (14)  Provision of supported living stipend for persons with
 
20           developmental disabilities or mental retardation
 
21           choosing to live independently in a setting other than
 
22           a licensed residential facility."
 
23      SECTION 4.  There is appropriated out of the general
 

 
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 1 revenues of the State of Hawaii the sum of $3,682,350, or so much
 
 2 thereof as may be necessary for fiscal year 1999-2000, and
 
 3 $7,367,100, or so much thereof as may be necessary for fiscal
 
 4 year 2000-2001, to provide increased home and community based
 
 5 services for individuals with mental retardation or developmental
 
 6 disabilities and to support changes to the present system so that
 
 7 it is more flexible and responsive to meet the needs of families.
 
 8      SECTION 5.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $          , or so
 
10 much thereof as may be necessary for fiscal year 1999-2000, for
 
11 the state planning council on developmental disabilities in the
 
12 department of health to contract with a qualified independent
 
13 entity to conduct a programmatic evaluation of case management
 
14 services provided by the department of health.
 
15      SECTION 6.  There is appropriated out of the developmental
 
16 disabilities special fund of the State of Hawaii the sum of
 
17 $1,500,000, or so much thereof as may be necessary, for fiscal
 
18 year 1999-2000 and $1,600,000, or so much thereof as may be
 
19 necessary, for fiscal year 2000-2001 for Title XIX home and
 
20 community based waiver services for individuals with
 
21 developmental disabilities or mental retardation.
 
22      SECTION 7.  The sums appropriated in sections 4, 5, and 6
 
23 shall be expended by the department of health for the purposes of
 

 
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 1 this Act.
 
 2      SECTION 8.  There is appropriated out of the developmental
 
 3 disabilities special fund of the State of Hawaii the sum of
 
 4 $1,500,000, or so much thereof as may be necessary, for fiscal
 
 5 year 1999-2000 and $1,600,000, or so much thereof as may be
 
 6 necessary, for fiscal year 2000-2001 for Title XIX home and
 
 7 community based waiver services for individuals with
 
 8 developmental disabilities or mental retardation.
 
 9      The sum appropriated shall be expended by the department of
 
10 human services for the purposes of this Act.  
 
11      SECTION 9.  The auditor shall conduct an independent
 
12 financial evaluation of case management services provided by the
 
13 department of health pursuant to section 333F-2(c)(12), Hawaii
 
14 Revised Statutes, and report to the legislature no later than
 
15 twenty days prior to the 2000 regular session.
 
16      SECTION 10.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 11.  This Act shall take effect on July 1, 1999.
 
19 
 
20                           INTRODUCED BY:  _______________________