Report Title:

Developmental Disabilities Residential Services

Description:

Creates a new category of residential services for persons with developmental disabilities or mental retardation. Authorizes the department of health to license developmental disabilities domiciliary homes and enter into contracts for domiciliary homes and apartment complexes for persons with developmental disabilities or mental retardation. Clarifies that the department of human services is not excluded from licensing, certifying, and regulating child foster homes and providers that serve persons with developmental disabilities or mental retardation. (CD1)

THE SENATE

S.B. NO.

3

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

H.D. 2


C.D. 1

A BILL FOR AN ACT

 

RELATING TO HUMAN SERVICES.

 

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

SECTION 1. Developmental disabilities residential service providers provide important residential care services, a type of human service, for individuals with developmental disabilities or mental retardation. Presently, the providers of these services are not being adequately reimbursed by the State for the high quality residential services they provide to these individuals. As a result, a number of developmental disabilities domiciliary homes are forced to close due to a lack of adequate funding. This is a significant concern to the State, given that many of these people would have been cared for by the State at Waimano training school and hospital, prior to its closing in June 1999.

The purpose of this Act is to ensure that developmental disabilities residential service providers are adequately reimbursed for the residential services they provide.

SECTION 2. Section 321-15.9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-15.9[]] Developmental disabilities [domiciliary homes.] residential services. (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental disabilities or mental retardation who are unable to live independently and who require supervision or care, but do not require care by licensed nurses in a domiciliary setting[.]; provided that nothing in this section shall exclude the department of human services from licensing, certifying, regulating, or entering into contracts for child foster homes or providers that serve persons with developmental disabilities or mental retardation.

(b) For the purposes of this section[; "developmental disabilities"]:

"Developmental disabilities" shall be as defined under section 333E-2[; and "mental retardation" shall be as defined under section 333F-1].

"Developmental disabilities apartment complex" means an apartment building composed of five or more separate apartment units in which every apartment unit, except for one apartment unit occupied by the operator or staff for the complex, is dedicated to providing residences for individuals with developmental disabilities or mental retardation who do not require twenty-four hour supervision or care.

"Developmental disabilities domiciliary home" means a residence for not more than five persons with developmental disabilities or mental retardation that require twenty-four hour supervision or care, but do not require care by licensed nurses in a domiciliary setting.

"Mental retardation" shall be as defined under section 333F-1.

(c) The director shall adopt rules regarding developmental disabilities domiciliary homes in accordance with chapter 91 [which] that shall be designed to:

(1) Establish criteria for licensure of homes, including inspections, registration, fees, qualifications of operators and staff, and other factors necessary to ensure [the] safe and appropriate operation of each home;

(2) Protect the health, safety, and civil rights of persons residing in the homes;

(3) Provide for plans of care[which] that include community integration and [training] support of persons residing in the licensed homes;

  1. Provide for the licensure of homes of up to five persons [who are developmentally disabled or mentally retarded] with developmental disabilities or mental retardation, and who are not related to the home operator or facility staff;
  2. Establish penalties for the failure to comply with any rule; and

(6) Establish criteria for training of operators and staff of any [facility] developmental disabilities domiciliary home licensed under this section.

(d) Rules adopted under this section shall be enforced by the director.

(e) No single apartment in a developmental disabilities apartment complex funded under this section shall be occupied by more than two residents with developmental disabilities or mental retardation.

(f) The director shall establish criteria for contracts for developmental disabilities apartment complexes and where necessary to provide for additional funding for developmental disabilities domiciliary homes.

[(e)] (g) The department shall maintain a registry of all [facilities] developmental disabilities domiciliary homes licensed under this section and a current inventory of vacancies [to facilitate the placement of individuals in these facilities.].

[(f) The rate of payment for residents in the developmental disabilities domiciliary homes shall be determined on the same basis as domiciliary care homes as provided under section 346-53.]

(h) The department of health may enter into contracts for additional payments for residential services to the providers of developmental disabilities domiciliary homes and payments to operators of developmental disabilities apartment complexes for residential services on terms determined by the department of health."

SECTION 3. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care provided to recipients eligible either for Federal Supplementary Security Income, or public assistance in accordance with state standards, or both.

The director shall provide for level of care payment as follows:

(1) For those adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, and adult foster homes as defined under section 321-11.2, the state supplemental payment shall not exceed $521.90; and

(2) For those adult residential care homes classified as facility type II, the state supplemental payment shall not exceed $629.90.

If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.

The department shall handle abusive practices under this section in accordance with chapter 91.

Nothing in this subsection allows the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided, or where the recipient no longer requires any domiciliary care."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.