Report Title:

Adult Foster Homes Regulation

Description:

Transfers regulation of adult foster homes from the DHS to the DOH. Allows medicaid reimbursement function for adult foster homes to remain with the DHS.

HOUSE OF REPRESENTATIVES

H.B. NO.

921

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to residential care.

 

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

SECTION 1. The legislature finds that adult residential care homes are regulated by the department of health and that adult foster homes are regulated by the department of human services. Adult residential care homes provide minimal assistance with activities of daily living while adult foster homes provide a higher nursing level of care that may include intravenous injections, tube feeding, and oxygen administration. The department of human services, as the State's medicaid agency, is responsible for handling reimbursement issues for its medicaid clients in both adult residential care homes and adult foster homes.

The legislature finds that the regulation of the two types of residential care homes by two different departments gives rise to certain inefficiencies. The purpose of this Act is to consolidate the regulation of adult residential care homes and adult foster homes into the department of health, while leaving the reimbursement for medicaid clients to the department of human services.

SECTION 2. The department of health shall have sole responsibility to regulate adult foster homes, except that the department of human services, as the State's medicaid agency, shall continue to be responsible for medicaid payments for residents in adult foster homes.

SECTION 3. All rights, powers, functions, and duties of the department of human services relating to the regulation of adult foster homes, except those relating to reimbursement for medicaid clients in adult foster homes, are transferred to the department of health.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of human services relating to the functions transferred, relating to the regulation of adult foster homes, to the department of department of health shall be transferred with the functions to which they relate.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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