THE SENATE

S.B. NO.

2339

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to alzheimer's disease and related dementia.

 

 

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

 


SECTION 1. The legislature finds that an estimated twenty-nine thousand individuals in the State suffer from Alzheimer's disease, a progressive brain disease that is the sixth leading cause of death in the nation. Alzheimer's disease affects a person's memory and eventually causes the individual to experience difficulties with speech and language skills, vision, decision making, and many other daily activities.

The legislature further finds that, due to the nature of Alzheimer's disease, there is a high demand for in-home care, adult daycare, assisted living facilities, and care homes. Assistance for most of the daily life activities at these facilities is performed by nurse aides or nursing assistants.

As residents of Hawaii have the longest life expectancy of any state, the need for skilled care facilities, nursing homes, intermediate care facilities, assisted living facilities, residential care facilities, respite care, adult foster care, adult day programs, home health care, in-home care, and hospice are estimated to grow as the prevalence of Alzheimer's disease increases. Therefore, it is important to ensure that staff in these facilities are adequately trained to work with people with Alzheimer's disease and related dementias.

The purpose of this Act is to:

(1) Require the department of health to develop and coordinate an Alzheimer's disease and related dementia training program for care workers whose work involves extensive contact with participants or residents; and

(2) Authorize the department of human services to negotiate an increased reimbursement rate to facilities for individuals with Alzheimer's disease and related dementias.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    . ALZHEIMER'S DISEASE AND RELATED DEMENTIA TRAINING

321-    Alzheimer's disease and related dementia training program; established. The department shall develop and coordinate an Alzheimer's disease and related dementia training program in the State.

321-    Duties of the department. (a) The department shall designate the following for the Alzheimer's disease and related dementia training program:

(1) The process by which in-person training or facility-based training meets the requirements for training;

(2) The type of training requirements that meet the minimum requirements of this part; and

(3) Oversight of a facility or program's training program; provided that the oversight shall:

(A) Ensure that the facility or program provides continuing education opportunities;

(B) Use evidence-based, designated training programs or appropriate in-person training;

(C) Involve observation and assessment of the proficiencies of direct care staff; and

(D) Ensure compliance with any other requirements specified.

(b) The department shall review the efficacy of the Alzheimer's disease and related dementia training program on an annual basis and may utilize the recommendations from the state plan on Alzheimer's disease and related dementias.

321-    Training; curriculum; continuing education. (a) At a minimum, the curriculum used for the initial training shall cover the following topic areas:

(1) Alzheimer's disease and related dementia;

(2) Person-centered care;

(3) Assessment and care planning;

(4) Activities of daily living; and

(5) Dementia-related behaviors and communication.

(b) The department shall require all direct care workers, administrative staff, and additional staff to complete at least eight credit hours of Alzheimer's disease and related dementia training on a reoccurring two-year basis. The department shall issue a certificate to any individual who completes the training.

For the purposes of this subsection:

"Additional staff" means other staff who may be covered by Alzheimer's disease and related dementia training requirements who have incidental contact with residents or program participants on a recurring basis. "Additional staff" includes but is not limited to housekeeping, front desk, maintenance, and other administrative staff, as well as other individuals who have such incidental contact.

"Administrative staff" means a senior manager of a facility or program, including administrators and managerial staff who supervise direct service staff.

"Direct service staff" means an employee whose work involves extensive contact with participants or residents. "Direct service staff" includes but is not limited to registered nurses, licensed practical nurses, licensed vocational nurses, nurse practitioners, certified nurse aides, nursing assistants, physician assistants, home health or personal aides, activities directors, feeding assistants, social workers, dietary staff, respite care providers, adult daycare providers, and occupational, physical, and speech therapy staff.

(c) The training shall be conducted by an individual who meets the following criteria:

(1) Has at least two years of work experience related to Alzheimer's disease and related dementia, health care, gerontology, or a related field; and

(2) Has completed at the least the minimum training requirements pursuant to this section.

(d) For individuals who have undergone initial Alzheimer's disease and related dementia training, the department shall:

(1) Ensure that facilities or programs provide ongoing onsite support, supervision, and mentoring for those trained to provide treatment and care for individuals with Alzheimer's disease and related dementia; and

(2) Determine when and how often continuing education on dementia shall be required; provided that such continuing education shall include new information on best practices in the treatment and care of individuals living with Alzheimer's disease and related dementia.

(e) The department shall establish rules pursuant to chapter 91 for the purposes of this section."

SECTION 3. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"346-   Alzheimer's disease and related dementias; facilities; reimbursements; medicaid. Notwithstanding any law to the contrary, reimbursements for medicaid services to facilities for individuals with Alzheimer's disease and related dementias shall be based on a rate negotiated by the department of human services; provided effective July 30, 2020, that the reimbursement rate shall reflect an increase of       per cent."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Alzheimer's Disease and Related Dementia Training; Department of Health; Medicaid; Department of Human Services; Kupuna Caucus

 

Description:

Requires the department of health to establish an Alzheimer's disease and related dementia training program for care workers whose work involves extensive contact with participants or residents. Specifies training curriculum and continuing education requirements. Authorizes the Department of Human Services to negotiate a reimbursement rate to facilities for individuals with Alzheimer's disease and related dementias. Specifies the percentage by which these reimbursement rates are to be increased.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.