SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 7                    DATE: March 9, 1999     

TO:  S.B. No. 1036, S.D. 2



     Senate Bill No. 1036, S.D. 2, is amended as follows:

     1. By redesignating sections 1 through 13 as Part I.

     2. By adding a new Part II to read as follows:

                            "Part II

     SECTION 14.  Chapter 333F, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated
and to read as follows:
     "333F-     Developmental disabilities special fund.  (a)
There is established in the state treasury the developmental
disabilities special fund for the purpose of maximizing funds
under section 333F-2(e), into which shall be deposited:
     (1)  Program income consisting of reimbursement funds
          received by the State for targeted case management
          services for individuals with developmental
          disabilities or mental retardation;
     (2)  Appropriations by the legislature to the developmental
          disabilities special fund; and 
     (3)  Gifts, grants, and other funds accepted by the
          department for individuals with developmental
          disabilities or mental retardation.
     (b)  Moneys in the developmental disabilities special fund
under subsection (a) shall be appropriated solely for Title XIX
home and community based waiver services for individuals with
developmental disabilities or mental retardation." 
     SECTION 15.  Section 333F-2, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
     "(a)  The department shall develop, lead, administer,
coordinate, monitor, evaluate, and set direction for a
comprehensive system of supports and services for persons with
developmental disabilities or mental retardation within the
limits of state or federal resources allocated or available for
the purposes of this chapter.  The department shall administer or
may provide available supports and services based on a client-
centered plan, which resulted from client choices and decision-
making that allowed and respected client self-determination.  The
department may designate area agencies or managed support
organizations for this purpose.
     The department's responsibility for persons with
developmental disabilities or mental retardation shall be under
FLOOR AMENDMENT NO.__________________                      Page 2


one administrative unit for the purpose of coordination,
monitoring, evaluation, and delivery of services.  Not later than
June 30, 1999, all programs and services falling under this
chapter shall be provided in the community, including services
presently provided at Waimano training school and hospital.  When
the private sector does not provide or is not able to provide the
services, the department shall provide the services.  Clients at
Waimano training school and hospital shall be placed into
community-based programs provided appropriate support services
are available.
     The department shall convene a panel not later than
August 1, 1995, to create a plan to provide services in the
community and to ensure that the transition of Waimano training
school and hospital residents to the community will be client-
centered, taking into consideration the health, safety, and
happiness of the residents and the concerns of their families.
The panel shall consist of but not be limited to consumers,
families, representatives from the private sector, employees and
employee representatives, professionals, representatives of the
University of Hawaii affiliate program, and representatives of
the state planning council on developmental disabilities."
     SECTION 16.  Section 333F-2, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
     "(c)  Supports and services the department shall administer
include, but shall not be limited to:
     (1)  Early identification and evaluation of persons with
          developmental disabilities or mental retardation;
     (2)  Development, planning, and implementation in
          coordination with other federal, state, and county
          agencies, of service programs for persons with
          developmental disabilities or mental retardation;
     (3)  Development and provision of service programs in the
          public or private sectors through chapter 42F or
          chapter 103F, for persons with developmental
          disabilities or mental retardation;
     (4)  Establishment of a continuum of comprehensive services
          and residential alternatives in the community to allow
          persons with developmental disabilities or mental
          retardation to live in the least restrictive,
          individually appropriate environment;
     (5)  Development and implementation of a program for single-
          entry access by persons with developmental disabilities
          or mental retardation to services provided under this
          chapter as well as referral to, and coordination with,
          services provided in the private sector or under other
          federal, state, or county acts, and the development of
          an individualized service plan by an interdisciplinary
          team;
     (6)  Collaborative and cooperative services with public
          health and other groups for programs to prevent
          developmental disabilities or mental retardation;
     (7)  Informational and educational services to the general
          public and to lay and professional groups;
FLOOR AMENDMENT NO.__________________                      Page 3


     (8)  Consultative services to the judicial branch of
          government, educational institutions, and health and
          welfare agencies whether the agencies are public or
          private;
     (9)  Provision of community residential alternatives for
          persons with developmental disabilities or mental
          retardation, including group homes and homes meeting
          ICF/MR standards;
    (10)  Provision of care at the skilled nursing level or in a
          skilled nursing facility, as individually appropriate;
    (11)  Provision of other programs, services, or facilities
          necessary to provide a continuum of care for persons
          with developmental disabilities or mental retardation;
    (12)  Provision of case management services independent of
          the direct service provider; [and]
    (13)  Development and maintenance of respite services in the
          community for persons with developmental disabilities
          or mental retardation[.]; and
    (14)  Provision of supported living stipend for persons with
          developmental disabilities or mental retardation
          choosing to live independently in a setting other than
          a licensed residential facility."
     SECTION 17.  There is appropriated out of the general
revenues of the State of Hawaii the sum of $         , or so much
thereof as may be necessary for fiscal year 1999-2000, and
$         , or so much thereof as may be necessary for fiscal
year 2000-2001, to provide increased home and community based
services for individuals with mental retardation or developmental
disabilities and to support changes to the present system so that
it is more flexible and responsive to meet the needs of families.
     SECTION 18.  There is appropriated out of the general
revenues of the State of Hawaii the sum of $          , or so
much thereof as may be necessary for fiscal year 1999-2000, for
the state planning council on developmental disabilities in the
department of health to contract with a qualified independent
entity to conduct a programmatic evaluation of case management
services provided by the department of health.
     SECTION 19.  There is appropriated out of the developmental
disabilities special fund of the State of Hawaii the sum of
$        , or so much thereof as may be necessary, for fiscal
year 1999-2000 and $        , or so much thereof as may be
necessary, for fiscal year 2000-2001 for Title XIX home and
community based waiver services for individuals with
developmental disabilities or mental retardation.
     SECTION 20.  The sums appropriated in sections 4, 5, and 6
shall be expended by the department of health for the purposes of
this Act.
     SECTION 21.  There is appropriated out of the developmental
disabilities special fund of the State of Hawaii the sum of
$        , or so much thereof as may be necessary, for fiscal
year 1999-2000 and $         , or so much thereof as may be
necessary, for fiscal year 2000-2001 for Title XIX home and
community based waiver services for individuals with
FLOOR AMENDMENT NO.__________________                      Page 4


developmental disabilities or mental retardation.
     The sum appropriated shall be expended by the department of
human services for the purposes of this Act.  
     SECTION 22.  The auditor shall conduct an independent
financial evaluation of case management services provided by the
department of health pursuant to section 333F-2(c)(12), Hawaii
Revised Statutes, and report to the legislature no later than
twenty days prior to the 2000 regular session."

     3.  By redesignating sections 14 and 15 as sections 23 and
24, and redesignating those sections Part III.

     4.  By amending the new section 24 to read:

     "SECTION 24. This Act shall take effect on January 1, 2000;
provided that Part II of this Act shall take effect on July 1,
1999."


Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn