Report Title:

Developmentally Disabled; DOH Review of Program

 

Description:

Requires DOH to conduct an in-depth review of its program to provide services to persons with developmental disabilities or mental retardation with the aim of rectifying program shortcomings and improving the program. Report to legislature by 12/15/2002.

HOUSE OF REPRESENTATIVES

H.B. NO.

2721

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the developmentally disabled.

 

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

SECTION 1. Act 189, Session Laws of Hawaii 1995, mandated the closing of Waimano training school and hospital, the placement of all Waimano clients into community-based programs, and the provision of all programs and services to persons with developmental disabilities or mental retardation in the community. The department of health is also required under section 333F-2(b) and (c), Hawaii Revised Statutes, to provide an array of individually appropriate services, care, and supports to this population.

The deadline to provide services, care, and supports completely in the community was June 30, 1999. The legislature finds that lapses in the program have become apparent since then. The purpose of this Act is to require the department of health to conduct an in-depth review of its program to provide services to persons with developmental disabilities or mental retardation with the aim of rectifying program shortcomings and improving the program.

SECTION 2. (a) The department of health shall conduct an in-depth programmatic review of the developmental disabilities system, with emphasis on the following:

(1) Ensuring that participants, together with service providers, family, and friends, make wise, reasonable, and appropriate choices in expending program funds for services, supports, and care;

(2) Develop and implement a system or mechanism to ensure the provision of budgets to clients fairly and equitably, including setting of budget minimums and maximums;

(3) Establish a clear working definition of client self-determination that balances the rights of clients, as embodied in section 333F-8, Hawaii Revised Statutes, against the abuse or inappropriate use of state funds by clients, so that the overall goal of delivering appropriate services, supports, and care to clients, given the nature of the population, is ensured;

(4) While keeping in mind client rights, propose the establishment of limits on how frequently a client may choose to change program attendance, change a service provider, or change services; and

(5) Develop criteria for determining when a client can be recommended for changing from one adult day health program level to another, for example, from a behavioral program level to a generic program level;

(6) Develop guidelines so that targeted case managers may notify service provider agencies on a timely basis when clients are transferred from one program to another;

(7) Develop guidelines to ensure that the service provider has the appropriate staffing to provide the service, for example, personal assistance, and that the client has enough waking hours in the day to receive the service;

(8) While respecting the client's right to self-determination, ensure that the members of the client's service provider team are included in the decision-making process;

(9) Establish guidelines to ensure that the targeted case manager takes into consideration the recommendations of the client's inter-disciplinary team when making decisions relating to the client's programs;

(10) Develop a staffing plan with providers that shall provide for the stable, full, or part-time employment for the staff needed to implement and deliver waiver services, with funding for staffing needs and salaries based on enrollment. The plan shall identify the sources of state and federal funds, or both, to be used to support program staffing costs;

(11) Pre-qualify all existing medicaid waiver providers as intermediary service organizations effective on July 1, 2002, or upon the effective date of this Act; and

(12) Develop and implement a mechanism by which service providers can be given a more stable indication of the amount of funds that may become available annually.

(b) The director of health shall report the department's findings and recommendations, including any necessary proposed legislation, to the legislature no later than December 15, 2002.

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

INTRODUCED BY:

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