TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 346D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§346D- Community-based facility; commensurate medicaid reimbursement. For the purpose of reimbursement, all medicaid beneficiaries categorized in the same or equivalent level of care, living in a community-based facility, whether a licensed community care foster family home or licensed adult residential care home and for reason of reimbursement parity, shall receive a commensurate amount of reimbursement for board and lodging and food and services."
SECTION 2. Section 346-331, Hawaii Revised Statutes, is amended by amending the definition of "community care foster family home" to read as follows:
""Community care foster family home" or "home" means a home that, for the purposes of this part:
(1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;
(2) Is issued a certificate of approval by the
department or its designee to provide, for a fee, twenty-four-hour living
accommodations, including personal care and homemaker services, for not more
than two adults at any one time, at least one of whom shall be a medicaid
recipient, who are at the nursing facility level of care, who are unrelated to
the foster family, and who are receiving the services of a licensed home and
community-based case management agency; provided that the department, in its
discretion, may certify a home for a third adult who is at the nursing facility
level of care and a medicaid recipient; provided that [
(A) The home has been certified and in operation for not less than one year; and
and substitute caregivers are certified nurse aides who have] caregiver
is a certified nurse aide as defined in section 457A-1.5 who has completed
a state-approved training program and other training as required by the
department[ ;], including a minimum of twenty-four hours of continuing
education every two years, in addition to the requirements of section 346-46, and
the substitute caregiver is a nurse aide as defined in section 457A‑1.5,
who has completed a minimum of sixteen hours of continuing education every two
(3) Does not include expanded adult residential care homes or assisted living facilities, which shall continue to be licensed by the department of health."
SECTION 3. Section 346-334, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Any community care foster family home shall be subject to monitoring and evaluation by the department or its designee for certification compliance and quality assurance on an annual or biennial basis. In complying with this subsection, any community care foster family home shall ensure the following are current and made available for inspection by the department and clients:
(1) A certificate of approval;
(2) Licenses for case managers as required in the department's administrative rules and a list of case managers' names;
(3) Certifications for certified nurse aides pursuant to section 457A-7; and
(4) Certifications for nurse aides if applicable."
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, 2050.
Community Care Foster Family Homes
Requires Community Care Foster Family Homes to have a primary caregiver as a certified nurse aide and a substitute caregiver as a nurse aide with a certain minimum number of continuing education hours; be certified and in operation for a year prior to being certified for a third client; and make various certifications and licenses available for inspection. Requires reimbursements for reason of parity of Medicaid beneficiaries in the same level of care in a community-based facility. Effective July 1, 2050. (SB1360 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.