Report Title:

Long-term Care; Medicaid; Transfer of Funds

 

Description:

Allows persons eligible to receive Medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care. Requires the department of human services to apply for necessary waivers and grants to allow funds to be used in that manner. (HB2062 SD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2062

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LONG-TERM CARE.

 

 

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

 


SECTION 1. The legislature has made it a priority to find solutions to Hawaii's predicted long-term care crisis based on the State's rapidly aging population. Many families in Hawaii choose to care for elderly or disabled family members in their homes rather than in a facility. However, in-home care does not allow the same financing options through Medicaid as licensed nursing facilities. Additionally, the medical needs of the person being cared for may change, thereby requiring a different type of care.

It is the legislature's intent to promote independence and choice by allowing individuals, who are eligible under Medicaid to receive nursing facility care, to receive the full spectrum of service options available, including the following:

(1) Admittance to a nursing facility;

(2) The option to remain in the individual's community and receive home- and community-based long-term care, support, and services; and

(3) The option to relocate from a nursing facility back to the individual's community and to receive home- and community-based long-term care, support, and services.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"346‑   Medicaid funds; transfer. (a) If an individual chooses to remain in the individual's community or to relocate from a nursing facility or long-term care-based facility to receive home- and community-based long-term care, support, and services, the department shall transfer medicaid funds intended for payment to a nursing facility or long-term care-based facility for payment for home- or community based long-term care, support, and services.

(b) The costs for home- and community-based services may not exceed, on an average per capita basis, the total expenditures that would have been incurred if the individual received facility-based long-term care, services, or support.

(c) The department shall establish rules pursuant to chapter 91 to carry out the purposes of this section."

SECTION 3. The department of human services shall apply for all waivers and grants necessary to implement this Act.
SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2008.