THE SENATE

S.B. NO.

3122

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

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

 


SECTION 1. The legislature finds that there are medicaid beneficiaries in the State with intellectual or developmental disabilities who are unable to access home- and community-based services. These individuals are at higher risk for future institutionalization, because they may lack independent daily living skills and may be unable to manage their own care or to access the support necessary to maintain their independence.

Accordingly, the purpose of this Act is to:

(1) Require the department of human services, upon approval from the centers for medicare and medicaid services, to establish and implement a program to offer home- and community-based services to individuals with intellectual or developmental disabilities who are found, through an assessment, to be at risk of institutionalization;

(2) Require the department to utilize any method available, including but not limited to a state plan amendment or waiver to the QUEST integration section 1115 demonstration project, to provide coverage for home- and community-based services for individuals with intellectual or developmental disabilities; and

(3) Appropriate moneys for the department to establish and implement a program for at-risk individuals with intellectual or developmental disabilities.

SECTION 2. This Act shall be known and may be cited as Kelii's law.

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

"346- Program for at-risk individuals with intellectual or developmental disabilities. (a) Upon approval from the centers for medicare and medicaid services, the department shall establish and implement a program for providing home- and community-based services to at-risk individuals with intellectual or developmental disabilities who do not meet medicaid's institutional level of care criteria for home-and community-based services. Individuals eligible for services under this program shall:

(1) Have been diagnosed with an intellectual or developmental disability;

(2) Have been found through a functional assessment to be at risk of deteriorating to the institutional level of care;

(3) Have been found ineligible to receive medicaid long term services and supports or the I/DD waiver; and

(4) Reside in his or her own home; provided that individuals who reside in a community shelter may receive at-risk services that are appropriate for their living environment as determined by ; provided further that services under this section shall not be provided to individuals already residing in a care facility, including but not limited to a care home, foster home, hospital, nursing facility, or hospice facility.

(b) Eligibility shall be assessed annually to determine whether ongoing at-risk services are medically necessary."

SECTION 4. No later than June 30, 2021, the department of human services shall seek approval from the centers for medicare and medicaid services to provide coverage for home- and community-based services for medicaid eligible individuals with intellectual or developmental disabilities who are at risk for institutionalization.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the department of human services to establish and implement a program for providing home- and community-based services to at-risk individuals with intellectual or developmental disabilities; provided that the sum appropriated shall be in addition to the base budget of the department of human services.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DHS; Intellectual Disabilities; Developmental Disabilities; Home- and Community-Based Services; Medicaid; Kelii's Law; Appropriation

 

Description:

Requires the Department of Human Services, upon approval from the Centers for Medicare and Medicaid Services, to establish and implement a program for providing home- and community-based services to at-risk individuals having intellectual or developmental disabilities who meet certain criteria. Requires the department to utilize any vehicle available, including a state plan amendment or waiver to the QUEST integration section 1115 demonstration project to provide home- and community-based services for individuals having intellectual or developmental disabilities. Appropriates funds.

 

 

 

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