HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
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. The legislature finds that there is an ever-increasing need for community care foster family homes to support the health and long-term care needs of an aging population and families. Community care foster family homes provide an essential function in the State by providing twenty-four-hour living accommodations, which include housing, supervision, personal care, and assistance with daily living activities for their residents. These homes provide individuals who are at a nursing facility level of care with living accommodations in a family-like setting, an alternative to living in an institutional setting.
Community care foster family homes are licensed to provide accommodations and services to not more than two adults at any one time, at least one of whom shall be a medicaid recipient, and who are at the nursing facility level of care. The department of health may certify a community care foster family home for a third adult who is at the nursing level of care and a medicaid recipient, provided certain requirements are met.
The legislature further finds that not only do medicaid clients have limited options for long-term care, but so do individuals who do not rely on medicaid for long-term care. Besides providing accommodations to medicaid recipients, community care foster family homes also provide accommodations to private-pay individuals. There is also a recognized need to accommodate private-pay individuals who share a long-term relationship. As the cost of medical care continues to rise, it is becoming apparent that even those who do not rely on medicaid for their long-term care cannot afford the cost of private care, leaving this population, also, with limited options.
The purpose of this Act is to recognize the varied needs of the State's aging population by allowing the department of health flexibility to permit two private-pay individuals to be cared for in the same community care foster family home, provided they meet certain qualifying conditions.
SECTION 2. Section 321-481, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Medicaid bed" means any bed designated for a medicaid recipient.
"Private-pay bed" means any bed designated for a person who is not a medicaid recipient."
2. By amending the definition of "community care foster family home" or "home" to read:
""Community care foster family home" or "home" means a home that:
(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 [
(A) The department, in its discretion, may allow two persons who are not medicaid recipients to be cared for in the same community care foster family home if:
(i) The community care foster family home is certified for three beds pursuant to paragraph (2)(B);
(ii) Operators of the community care foster family homes certified for three beds pursuant to paragraph (2)(B) immediately notify the department or its designee of any vacancy in writing; and
(iii) Two of the three nursing facility level clients are in a relationship with each other as a married or civil union couple; provided further that the department, in its discretion, may disregard the payor status of the clients in a married or civil union relationship and may redesignate at least one of the two private-pay beds to a medicaid bed when the couple's relationship ceases to exist in the home; and
(B) 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 further that the:
(A)] (i) Home
has been certified and in operation for not less than one year;
(B)] (ii) Primary
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; and
(C)] (iii) Substitute
caregiver is a nurse aide, as defined in section 457A-1.5, who has completed a
state-approved training program and other training as required by the
(3) Does not include expanded adult residential care homes or assisted living facilities."
SECTION 3. The department of health shall submit a report of its findings and recommendations to the legislature, no later than twenty days prior to the convening of the regular session of 2016, on the authorization to allow two persons who are not medicaid recipients to be cared for in the same community care foster family home pursuant to this Act, including its impact on the availability of space for medicaid recipients.
SECTION 4. It is the intent of this Act not to jeopardize the receipt of any federal aid. If this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, this Act shall be deemed void.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2060.
Community Care Foster Family Homes; Private-Pay Clients; Medicaid Clients
Authorizes the DOH to allow two individuals in a relationship with each other as a married or civil union couple to be cared for in the same community care foster family home if certain requirements are met. Effective 7/1/2060. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.