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HOUSE OF REPRESENTATIVES

H.B. NO.

1193

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HOME AND COMMUNITY-BASED SERVICES.

 

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

SECTION 1. Act 273, Session Laws of Hawaii 2001, is amended by amending section 1 to amend the definition of "community care foster family home" in section 346-A, Hawaii Revised Statutes, to read as follows:

""Community care foster family home" means a home that, for the purposes of this part:

(1) Pursuant to section 346-B(a)(1), as applicable to the case management agency [demonstration project] in any county having a population of 500,000 or more persons:

(A) Is regulated by the department of human services in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

(B) Is issued a certificate of approval by a home and community-based case management agency to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, who are at the nursing facility level of care and who are unrelated to the foster family; and

(C) Does not include expanded adult residential care homes, which shall continue to be licensed by the department of health; or

(2) Pursuant to section 346-B(a)(2), as applicable to the case management agency [demonstration project] in any county having a population of less than 500,000 persons:

(A) Is issued a certificate of approval by a home and community-based case management agency to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, who are at the nursing facility level of care and who are unrelated to the foster family; and

(B) Does not include expanded adult residential care homes, which shall continue to be licensed by the department of health."

SECTION 2. Act 273, Session Laws of Hawaii 2001, is amended by amending section 1 to amend section 346-B, Hawaii Revised Statutes, to read as follows:

"§346-B Applicability. (a) [Prior to June 30, 2003, this] This part shall apply equally [to two distinct demonstration projects] in all counties of the State, except as provided in subsection (b)[, as follows:

(1) In any county having a population of 500,000 persons or more; and

(2) In any county having a population of less than 500,000 persons].

(b) [Each demonstration project implemented under this part shall operate under its own distinct definition of "community care foster family home," as provided in section 346-A. In addition, for the demonstration project under subsection (a)(1), foster homes] Community care foster family homes in any county having a population of 500,000 persons or more shall be required to reserve at least one bed for medicaid patients."

SECTION 3. Act 273, Session Laws of Hawaii 2001, is amended by amending section 1 to amend section 346-C, Hawaii Revised Statutes, to read as follows:

"§346-C Home and community-based case management agency, authority over and evaluation of. (a) The home and community-based case management agency shall be responsible for certifying community care foster family homes. No person, agency, or organization shall engage in locating, coordinating, or monitoring comprehensive services to individuals in community care foster family homes and in issuing certificates of approval to community care foster family homes, unless it meets the standards of conditions, management, and competence set by the department and is issued a license for this purpose by the department.

(b) The department shall adopt rules pursuant to chapter 91 relating to:

(1) Standards for the organization and administration of home and community-based case management agencies;

(2) Standards of conditions, management, and competence of home and community-based case management agencies;

(3) Procedures for obtaining and renewing a license from the department;

(4) Minimum standards of conditions and competence for the operation of community care foster family homes that are to be used by home and community-based case management agencies as certification requirements of community care foster family homes; and

(5) Minimum grievance procedures for certified community care foster family homes and recipients of case management services.

(c) As a condition for obtaining a license, a person, agency, or organization shall meet the requirements set forth in subsection (b)(1), (2), and (3), and satisfy the criminal history check requirements under section 346-E. The department may deny a license if:

(1) An operator, employee, or new employee of the home and community-based case management agency has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less; or

(2) If the department finds that the criminal history record of an operator, employee, or new employee poses a risk to the health, safety, or [well being] well-being of adults receiving care in community care foster family homes.

(d) Upon approval of any home and community-based case management agency, the department or its authorized agents shall issue a license, which shall continue in force for one year or for two years unless sooner revoked for cause. The department or its authorized agents shall renew the license only if after an annual or biennial evaluation, the agency continues to meet the standards established by the department.

(e) The department shall evaluate the home and community-based case management agency to determine compliance with the requirements established under this section:

(1) Annually or biennially; or

(2) Upon receipt of a complaint that the home and community-based case management agency is in violation of the requirements established under this section.

(f) The department may suspend or revoke a license if the department deems that the agency is unwilling or unable to comply with the rules adopted under this section; provided that:

(1) Upon suspension or revocation of a license, the home and community-based case management agency shall no longer be licensed and shall immediately notify those community care foster family homes it certified;

(2) An agency whose license has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation;

(3) A suspended or revoked license may be reinstated if the department deems that the agency is willing and able to comply with the rules adopted under this section; and

(4) A revoked license shall be restored only after a new application is made and reviewed under this part.

(g) Any home and community-based case management agency shall be subject to investigation by the department at any time and in the manner, place, and form as provided in the department's rules.

(h) The department shall adopt standard forms of contract that the home and community-based case management agency shall use with each of its clients, community care foster family homes, and expanded adult residential care homes.

[(i) The department shall establish a review board consisting of three operators of community care foster family homes and three operators of expanded adult residential care homes. The review board shall monitor referrals and placements of clients by each home and community-based case management agency on a monthly basis. Each home and community-based case management agency shall be required to provide monthly reports to the review board.

(j)] (i) The home and community-based case management agency shall have a fiduciary duty to each medicaid recipient and other adult it places in a community care foster family home or expanded adult residential care home."

SECTION 4. Act 273, Session Laws of Hawaii 2001, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on July 1, 2001[, and shall be repealed on June 30, 2003]."

SECTION 5. There is appropriated out of the criminal history record improvement revolving fund the sum of $65,000, or so much thereof as may be necessary, for fiscal year 2003-2004 and the sum of $65,000, or so much thereof as may be necessary, for fiscal year 2004-2005 for the purposes of Act 273, Session Laws of Hawaii 2001. The sums appropriated shall be expended by the department of the attorney general.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on June 29, 2003.

INTRODUCED BY:

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