Report Title:

Health and Human Services

Description:

Clarifies the purpose for the use of tobacco settlement moneys earmarked for the Department of Human Services. Appropriates the accumulated moneys in the tobacco settlement special funds for DHS children's health programs.

THE SENATE

S.B. NO.

1354

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HEALTH AND HUMAN SERVICES.

 

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

SECTION 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii.

SECTION 2. The Legislature intends that a percentage of the moneys received by the department of health from the tobacco settlement moneys be transferred to the department of human services to provide health care coverage to children under nineteen who are eligible under its medical assistance programs. However, the language in section 328L-4 of the Hawaii Revised Statutes does not clearly state this intent. The purpose of this bill is to clarify the purposes for which the moneys mentioned in section 328L-4 of the Hawaii Revised Statutes may be used by the department of human services.

SECTION 3. Section 328L-1, Hawaii Revised Statutes, is amended by amending the definition of the term "children's health program".

""Children's health [program] programs" [means] mean health care for needy children."

SECTION 4. Section 328L-4 is amended to read as follows:

"Use of funds appropriated to the department. The department, immediately upon receipt of the thirty-five per cent of moneys appropriated pursuant to section 328L-2(b)(2) shall:

(1) Transfer [up to] ten per cent of the total moneys received by the State from tobacco settlement moneys to the department of human services for the children's health [insurance program] programs; and

(2) Expend the remainder of the moneys received by the department for health promotion and disease prevention programs, including but not limited to, maternal child health and child development programs, promotion of healthy lifestyles (including fitness, nutrition, and tobacco control), and prevention oriented public health programs.

For purposes of paragraph (2), the director shall convene an advisory group that shall be separate from the tobacco prevention and control advisory board, to strategically plan the development and implementation of preventive systems to achieve measurable outcomes and to make recommendations for the expenditure of these moneys. The advisory group shall be composed of nine members with expertise in the programs under paragraph (2), and shall be selected at the discretion of the director."

SECTION 5. Tobacco settlement moneys which were to be used in fiscal years 2000-2001 and 2001-2002 to provide health care coverage to children under nineteen, who are eligible under medical assistance programs administered by the department of human services, were not fully expended. The funds remain in the Hawaii tobacco settlement special fund and may be used for payments to health care providers programs administered by the department of human services.

SECTION 6. There is appropriated out of the Hawaii tobacco settlement special fund the sum of $6,259,886, or so much thereof as may be necessary for the fiscal year 2002-2003, to be transferred from the department of health to the department of human services, for purposes specified in section 328L-4, Hawaii Revised Statutes.

The sums appropriated shall be expended by the department of human services for the purposes of this section.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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