HOUSE OF REPRESENTATIVES |
H.B. NO. |
1787 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§78-
Employment first; persons with disabilities. (a)
Employment first shall be a policy of the State and the counties. State and county agencies shall ensure that
employment first is effectively implemented in hiring and all programs and
services administered or funded by the State and counties, including programs
and services that help persons with disabilities obtain employment. All state and county agencies shall
coordinate efforts and collaborate to ensure that programs, policies,
procedures, and funding support competitive employment in an integrated setting
for persons with disabilities. All state
and county agencies, whenever feasible, shall share data and information to
track progress toward full implementation of this section.
(b) Nothing in this section shall be construed to
require any employer to give a preference to hiring a person with a disability.
(c) Nothing in this section shall be construed as
eliminating any other appropriate supported employment service.
(d) As used in this section:
"Competitive
employment" means work in the competitive labor market that is performed
on a full-time or part-time basis in an integrated setting, and for which a person
with a disability is compensated at or above the minimum wage, but not less
than the customary wage and level of benefits paid by the employer for the same
or similar work performed by a person without a disability.
"Employment first"
means:
(1) The full
inclusion of persons with disabilities in the workplace and community through
integrated employment as the first option for employment services for adults
and children of working age who have a disability; and
(2) Employment services
are the first choice of services that are offered for individuals with disabilities
receiving assistance from publicly funded systems.
"Employment first"
includes competitive employment.
"Integrated setting"
means an employment setting in which persons with disabilities interact with persons
without disabilities, other than persons without disabilities who are providing
services to those persons with disabilities, to the same extent that persons without
disabilities interact with other persons in comparable positions."
SECTION 2. Section 346D-4, Hawaii Revised Statutes, is amended to read as follows:
"§346D-4 Provision of services. (a) Services that maximize the individual's independence shall be provided in the individual's home, the home of a responsible relative or other adult, or a residential alternative setting.
(b)
The program shall provide the services in the most economic manner
feasible [which] that is compatible with preserving quality of
care through:
(1) Informal care providers, such as family members, friends, or neighbors who regularly provide specific services without remuneration and not as a part of any organized volunteer activity;
(2) Individual providers hired and directed by the waiver program individual to provide specific approved services;
(3) Contracts with agency providers, such as home care agencies and public or private health and social service organizations;
(4) Contracts with individual providers, such as counselors, nurses, therapists, and residential alternative program operators who provide services for the waiver program; and
(5) Program personnel, such as social workers and nurses who are hired by the waiver program to provide specific services.
(c) The department of human services shall:
(1) Practice employment
first principles, as described in section 78- , with respect to
waiver program personnel; and
(2) Ensure that contracted
agency providers that provide services for the waiver program follow employment
first principles, as described in section 78- ."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Public Service; Persons with Disabilities; Employment
Description:
Establishes employment first as a state policy with respect to persons with disabilities. Requires state and county agencies to implement this policy in hiring and all programs and services administered or funded by the State or counties. Applies employment first principles to medicaid home- and community-based waiver programs.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.