STAND. COM. REP. NO.  1046


Honolulu, Hawaii

                , 2021


RE:   S.B. No. 838

      S.D. 1

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




     Your Committee on Health, Human Services, & Homelessness, to which was referred S.B. No. 838, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to:


     (1)  Authorize the reduction of the thirty-hour per week employment requirement for qualified caregivers under the Kupuna Caregivers Program during a Governor-declared State of Emergency;


     (2)  Specify that the Kupuna Caregivers Program is to be delivered through either traditional service delivery or kupuna caregiver-directed services; and


     (3)  Allow the funds under the Kupuna Caregivers Program to be issued to the care recipient's financial management service provider.


     Your Committee received testimony in support of this measure from the Department of Human Services, Executive Office on Aging, Policy Advisory Board for Elder Affairs, AARP Hawaii, Hawaii Family Caregiver Coalition, Alzheimer's Association, and twelve individuals.  Your Committee received testimony in opposition to this measure from two individuals.


     Your Committee finds that because of the COVID-19 pandemic, many kupuna caregivers lost their jobs, and contracted service providers either closed or decrease their services.  Your Committee further finds that this decrease in services by contracted service providers placed additional burdens on caregivers and their caregiving duties.  This measure seeks to reduce burdens on kupuna care services by providing additional flexibility to qualified caregivers and contracted providers.


     Your Committee has amended this measure by:


     (1)  Clarifying that service providers and coaches are mandatory reporters who have received Adult Protective Services training;


     (2)  Requiring, rather than permitting, the Director of the Executive Office on Aging to adopt administrative rules for the purposes of regulating the Kupuna Caregivers Program;


     (3)  Requiring the Executive Office on Aging to submit an annual report to the Legislature on the status of the Kupuna Caregivers Program;


     (4)  Amending the preamble for conciseness and to update its amended purpose;


     (5)  Changing the effective date to July 1, 2060, to encourage further discussion; and


     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 838, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 838, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.


Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,