Report Title:

Family Caregivers; Appropriation; Advisory Board on Family Caregivers; Established

Description:

Establishes an advisory board on family caregivers. Appropriates funds to the Executive Office on Aging for family caregiver services coordinator position, training and respite for family caregivers, and the establishment of an advisory board on family caregiving issues.

THE SENATE

S.B. NO.

743

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to family caregivers.

 

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

SECTION 1. The legislature finds that family caregivers currently are becoming the new advocates for senior citizens and a major focus of public policy. Family caregivers provide care without payment or formal training to their family, friends, neighbors, or strangers. Nationally, family caregivers provide an estimated $200,000,000,000 of care annually. In Hawaii, family caregivers provide an estimated $875,000,000 of care a year.

The legislature further finds that family caregivers are a vital component of the long-term care system and that government needs to support caregivers in this often difficult and costly role. In addition, there is a need to coordinate and develop services and systems for family caregivers that benefit as many residents of the State as possible.

The legislature also finds that family caregivers are "hidden" in our communities, and due to the time constraints of their many roles and responsibilities, they are often unheard. Family caregivers' needs and priorities need to be assessed to properly support them in their critical role as family caregivers.

Family caregivers often are thrust into their caregiving duties and do not have the skill or resources to perform their duties to the best of their abilities. Therefore, simple training sessions on topics such as program availability; financing, qualifying, and paying for services; safely transporting and moving a disabled adult; and nutrition and hygiene would help family caregivers in their caregiving duties and consequently would benefit the safety and well-being of those to whom they give care.

The legislature further finds that respite services, which include crisis care, provide temporary relief for caregivers from the ongoing responsibility of caring for an individual with special needs or who may be at risk of abuse or neglect. Respite is the most frequently requested and needed family support services. Respite has been shown to prevent or delay more costly out-of-home placements, reduce the risk of abuse or neglect, and help keep all family members safe and stable.

The purpose of this Act is to coordinate and develop family caregiver services statewide by enabling the executive office on aging to hire a family caregiver services coordinator and provide funding therefor, establishing an advisory board on family caregiving of senior citizen issues, providing funding for the training of family caregivers of seniors, and providing respite funding for family caregivers of seniors.

SECTION 2. Chapter 349, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§349- Advisory board for family caregivers of seniors; established. (a) There is established an advisory board for family caregivers of seniors, appointed by the governor under section 26-34 and attached to the executive office on aging for administrative purposes.

(b) The advisory board for family caregivers of seniors shall advise the director in areas, including but not limited to, the following:

(1) Facilitating the exchange of information between organizations and individuals concerned with family caregiver issues;

(2) The establishment of strategy and guidelines for the training of family caregivers; and

(3) The establishment of strategy, criteria, and guidelines for the disbursement of funds for grants to family caregivers of seniors for temporary respite.

(c) The advisory board for family caregiver issues shall consist of not less than nine nor more than fifteen members, a majority of whom shall be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to family caregiving issues and services. It shall include at least one family caregiver member each from the county of Hawaii, county of Maui, county of Kauai, and city and county of Honolulu. Three members who shall serve as ex-officio members shall be chosen from among the heads of the following state agencies that provide services or programs affecting family caregivers: health, human services, labor and industrial relations, and, by invitation, the Hawaii representative of the United States Department of Health, Education and Welfare. Of the non ex-officio members initially appointed, one-third of the members shall be appointed for a term of four years, one-third for a term of three years, and one-third for a term of two years; and thereafter the terms of office of each member shall be four years. The members of the board shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties. The chair shall be elected annually from among the nongovernmental members of the board."

SECTION 3. Section 349-3, Hawaii Revised Statutes, is amended to read as follows:

"§349-3 General functions, duties, and powers of the director. The director shall have the following principal functions, duties, and powers:

(1) Serve as the principal official in state government solely responsible for the performance, development, and control of programs, policies, and activities on behalf of elders;

(2) Oversee, supervise, and direct the performance by the director's subordinates of activities in such areas as planning, evaluation, and coordination of elder programs and development of a statewide service delivery network;

(3) Assess the policies and practices of other agencies impacting on elders and conduct advocacy efforts for elders;

(4) Advise the governor on new legislation, programs, and policy initiatives and conduct such liaison as would be required to implement them;

(5) Serve as a member of advisory boards and regulatory panels of state agencies in such areas as income maintenance, public employment, retirement systems, certification of health care facilities and programs, social service and medical assistance, and housing and employment, among others;

(6) Administer funds allocated for the executive office on aging; and apply for, receive, and disburse grants and donations from all sources for elder programs and services;

(7) Establish a clearinghouse for complaints of persons regarding services to elders, or operations of state and county agencies affecting elders, investigate the complaints, and refer the complaints and the director's findings to the appropriate agency for corrective action;

(8) Adopt, amend, and repeal rules pursuant to chapter 91 for the purposes of this chapter;

(9) Employ and retain such staff as may be necessary for the purposes of this chapter, including a statewide family caregiver services coordinator, in conformity with chapter 76; and

(10) Contract for or grant such services as may be necessary for the purposes of this chapter, including master contract with other state agencies receiving federal and state funds for programs and services for the aging, and purchase of service agreements with appropriate agencies."

SECTION 4. 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, and the sum of $ , or so much thereof as may be necessary for fiscal year 2004-2005, for the executive office on aging to hire a statewide family caregiver services coordinator, to cover the costs incurred by the advisory board members in performing their duties, and to provide funding to train family caregivers and for the provision of respite services to families caring for a senior with special needs or who may be at risk of abuse or neglect.

The sums appropriated shall be expended by the executive office on aging for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2003.

INTRODUCED BY:

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