Report Title:

Developmental Disabilities Services; Appropriation

Description:

Appropriates funds for the Developmental Disabilities Services Branch of the Department of Health.

HOUSE OF REPRESENTATIVES

H.B. NO.

398

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

MAKING AN APPROPRIATION FOR THE DEVELOPMENTAL DISABILITIES SERVICES BRANCH OF THE DEPARTMENT OF HEALTH.

 

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

SECTION 1. The legislature finds that the major focus of the developmental disabilities division of the department of health is to prevent institutionalization of people with developmental disabilities through community-based services. The developmental disabilities services branch (DDSB) provides system supports for persons with disabilities; certifies and monitors adult foster homes and developmental disabilities domiciliary homes; coordinates the complaints resolution process; assess and evaluates consumer-directed outcomes; and plans long-term supports for persons with traumatic brain injury and neurotrauma injury. A staff of thirty-eight implements the DDSB quality assurance and safety net support mandates.

The legislature further finds that quality assurance is critical, given the dramatic increases in the expenditure of medicaid dollars for home and community-based waiver services. The increases have resulted in part from the U.S. Supreme Court's decision in Olmstead v. L.C., holding that the Americans with Disabilities Act of 1990 requires the states to provide community-based services as an alternative to institutions for persons with disabilities. Given the significant level of the State's financial commitment to the medicaid waiver program, it is important for the department of health to have a quality management process to insure that state funds are resulting in intended outcomes. The DDSB has implemented quality assurance initiatives in three broad areas: (1) assessment and measurement of outcomes for persons with disabilities; (2) resolution of client and family concerns and complaints, through the developmental disabilities division ombudsman, mediation, and due process hearings; and (3) health and safety, focusing on certification and monitoring of the adult foster homes and developmental disabilities domiciliary homes. Importantly, many of the DDSB's quality assurance initiatives address federal requirements for continued medicaid waiver funding.

The legislature further finds that there are an estimated 20,000 persons who have experienced a neurotrauma injury, of which 4,400 persons have a long-term disability resulting from their injury. The greatest need for persons with brain injury is for appropriate supports to live in the community. In recognition of this need, the legislature enacted Act 160, Session Laws of Hawaii 2002 (Act 160), which directs the department of health to establish a neurotrauma infrastructure to develop and maintain community-based services and supports for individuals with disabilities resulting from neurotrauma injury. The DDSB has been designated the lead agency for Traumatic Brain Injury State Planning and Implementation grants and is responsible for implementing the mandates of Act 160.

The legislature further finds that Hawaii has made significant progress in decreasing its institutional population and creating community-based services for its citizens with developmental disabilities, as evidenced by the closure of Waimano training school and hospital. This is attributable to a dedicated organization infrastructure (the developmental disabilities division) for coordination of efforts on behalf of this population. Importantly, the legislature recognized the need for such focused, coordinated efforts when it enacted Act 160, to develop a comprehensive system to support and provide services for individuals with neurotrauma injuries.

The legislature further finds that expenditures under this Act should be for critical functions that focus on quality assurance for the developmental disabilities division under the department of health and address the mandates of Act 160, which requires the department of health to establish a system of supports for persons with neurotrauma injury.

The purpose of this Act is to appropriate funds for the developmental disabilities services branch of the department of health.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,290,680, or so much thereof as may be necessary, for fiscal year 2003-2004, to carry out critical functions that: (1) focus on quality assurance for the developmental disabilities division under the department of health, and (2) address the mandates of Act 160, which requires the department of health to establish a system of supports for persons with neurotrauma injury.

SECTION 3. 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 2003-2004, to restore thirty-eight positions in the developmental disabilities services branch.

SECTION 4. The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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