Report Title:

Developmental Disabilities; Case Management

 

Description:

Clarifies that the DOH may make available, but not directly provide, as a government agency, case management services to persons with developmental disabilities, which are to be provided by private sector providers.

HOUSE OF REPRESENTATIVES

H.B. NO.

2733

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to developmental disabilities.

 

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

SECTION 1. Section 333F-2, Hawaii Revised Statutes, is amended as follows:

1. 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's responsibility for persons with developmental disabilities or mental retardation shall be under 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] With the exception of case management services, 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 council on developmental disabilities."

2. 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; provided that case management services shall be provided only through private sector providers;

(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;

(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], which shall be provided directly by private sector service [provider;] providers; and

(13) Development and maintenance of respite services in the community for persons with developmental disabilities or mental retardation."

SECTION 2. Section 333F-21, Hawaii Revised Statutes, is amended to read as follows:

"333F-21 Provision of services; family and caregiver support. The director within the limits of state and federal resources allocated or available for the purposes of this chapter shall provide any services that may be necessary to maintain and enhance care giving in community-based homes for persons with developmental disabilities. For the purposes of this section, "family and caregiver support" means a flexible and varied network of support which does not supplant community resources, and which is capable of providing for the individual families caring for persons with developmental disabilities. These services may include:

(1) In-home and out-of-home respite services for families and care providers;

(2) The purchase of adaptive equipment such as bath chairs and special positioning chairs not covered by health insurance or other resources;

(3) Counseling services for families of care providers concerning stresses and feelings about caring for persons with developmental disabilities;

(4) Special supply purchases such as diapers and special clothing required by persons with developmental disabilities;

(5) Homemaker and chore services;

(6) Transportation services not available through existing resources in the community;

(7) Specialized therapy services for persons with developmental disabilities not available through insurance, medicaid, or other resources;

(8) Case management to help families and care providers coordinate and access services available to persons with developmental disabilities; provided that case management services shall be provided only through private sector providers; and

(9) Provision, without regard to chapter 42F or chapter 103F, of modifications to dwelling units to enable persons with developmental disabilities with sensory limitation or mobility problems to reside in community homes which require adaptive and safety alterations such as the installation of ramps and porch lifts, bars and hand rails, widening of doorways, removal of other architectural barriers, and the enlargement of bath facilities to allow the movement and ensure the safety of the person with developmental disabilities; provided that:

(A) There shall be an agreement between the care provider and the department to ensure continued care in the home where the modification is provided; and

(B) Modification costs shall be limited to the amount of funds appropriated for the program for any individual client."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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