Report Title:

Trust Fund; Medically Fragile Children; Special Needs Children

Description:

Creates the medically fragile children's trust fund that helps pay for the medically fragile child's medical and caregiver's expenses.

HOUSE OF REPRESENTATIVES

H.B. NO.

2087

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to medically fragile children'S trust fund.

 

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

SECTION 1. Recent federal and state legislation has increased awareness of the rights of all people with disabilities. The passage of the Americans with Disabilities legislation, the United States Department of Education's Individuals with Disabilities Education Act, and state and federal health care reform initiatives have created a growing sensitivity to quality-of-life issues, empowerment, and the right to self-determination among individuals at all levels of disability. These trends place a larger responsibility on government to provide a means for meeting the unique needs of children with disabilities.

Medically fragile children are usually medically stable but require skilled nursing services, therapies, and equipment to enhance or sustain their lives. They suffer from cerebral palsy, muscular dystrophy, cancer, heart and lung disease, spina bifida, and any number of other conditions that threaten their ability to survive without proper medical care.

The legislature finds that the health care needs of medically fragile children has progressively become more expensive throughout the years and may not be available to all children due to a family's financial situation. The legislature believes that this is unacceptable. All children regardless of financial situation should be afforded the proper health care services so that every child may reach their maximum rehabilitation potential and they and their families can lead happier, healthier lives.

The purpose of this Act is to create a medically fragile children's trust fund. Moneys collected into the trust fund shall be used to pay for the medically fragile child's expenses as well as their caregiver's expenses to ensure proper health care.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Medically fragile children's trust fund. (a) There is established in the state treasury the medically fragile children's trust fund, which shall be administered by the director of finance. All funds contributed to the trust fund, appropriated by the legislature, received from grants, donations, or the proceeds from contributions, and the interest or return on investments earned from moneys in the trust fund shall be deposited into the trust fund and shall be used to fulfill the purposes of this section, including respite care, vacation for caregivers, medical equipment, and supplies.

(b) Moneys in the medically fragile children's trust fund shall be used for the payment of health care expenses incurred by the medically fragile child and their caregivers.

(c) Moneys in the medically fragile children's trust fund shall be invested by the director of finance, and all investment earnings shall be deposited to the credit of the trust fund."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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