THE SENATE

S.C.R. NO.

119

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF HEALTH TO CHANGE ITS ELIGIBILITY CRITERIA FOR THE HOME AND COMMUNITY-BASED SERVICES MEDICAID WAIVER FOR INDIVIDUALS HAVING INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, OR MENTAL ILLNESSES.

 

 


     WHEREAS, Hawaii residents having intellectual and developmental disabilities who are eligible for services from the Developmental Disabilities Division are eligible for Medicaid, and if they meet the level of care criteria, they may apply for the Medicaid Section 1915(c) Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabilities, otherwise known as the Medicaid I/DD Waiver; and

 

     WHEREAS, the Med-QUEST Division of the Department of Human Services works in partnership with the Developmental Disabilities Division of the Department of Health and stakeholders to design an appropriate waiver that meets the needs of individuals having intellectual and developmental disabilities; and

 

     WHEREAS, both divisions ensure that the waiver is implemented in compliance with all waiver requirements, federal and state laws, and waiver standards; and

 

     WHEREAS, pursuant to section 11-88.1-1.5(a), Hawaii Administrative Rules, to be considered as having an developmental disability, an individual must have, among other factors, a diagnosis that meets the definition of an eligible condition for a severe and chronic disability, including cerebral palsy; epilepsy; autism spectrum disorder; or a neurological condition, central nervous system disorder, or chromosomal disorder that results in impairment in both general intellectual functioning and adaptive behavior; and

 

     WHEREAS, pursuant to section 11-88.1-1.5(a)(3), Hawaii Administrative Rules, an individual is ineligible for the Medicaid I/DD Waiver if the individual's impairments are primarily from dementia, mental illness, an emotional disorder, substance abuse, sensory impairment, a learning disability, attention deficit hyperactivity disorder, a spinal cord injury, or a neuromuscular disorder; and

 

     WHEREAS, section 11-88.1-1.5(a)(3), Hawaii Administrative Rules, unfairly excludes from eligibility from services a number of individuals who would otherwise be eligible based on their developmental disabilities; and

 

     WHEREAS, the Department of Health may amend or repeal administrative rules under its purview, unless otherwise prohibited by federal or state laws or agreements with federal authorities; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Department of Health is requested to change its eligibility criteria for the Home and Community-Based Services Medicaid Waiver for Individuals with Developmental Disabilities; and

 

     BE IT FURTHER RESOLVED that if the Department of Health may repeal section 11-88.1-1.5(a)(3), Hawaii Administrative Rules, without violating any federal or state law or any binding agreements with federal authorities, the Department of Health is requested to take steps necessary under Chapter 91, Hawaii Revised Statutes, for that repeal; and

 

     BE IT FURTHER RESOLVED that if the Department of Health believes that the repeal of section 11-88.1-1.5(a)(3), Hawaii Administrative Rules, would be in violation of any federal or state law or any agreement with federal authorities, the Department of Health is requested to take steps necessary to remove any prohibiting factors that would preclude the repeal, including the proposal of appropriate legislation and the renegotiation of applicable agreements with federal authorities; and

 

     BE IT FURTHER RESOLVED that the Director of Health is requested to submit a status report on its development of new eligibility criteria, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Administrator of the Division of Developmental Disabilities, Director of Human Services, and Administrator of the Med-QUEST Division.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title:

DOH; Health; Developmental Disabilities; Medicaid; Waiver; Rules