Hawaii 2024 Regular Session

Hawaii House Bill HB2558 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2558 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SOCIAL SERVICES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2558
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO SOCIAL SERVICES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the State provides a personal needs allowance for individuals residing in adult foster homes, adult residential care homes, domiciliary homes, and other long-term care facilities. The personal needs allowance allows recipients to purchase necessary items, such as clothing, toiletries, and meals, and covers other day-to-day living expenses. The legislature further finds that when the federal government first established the needs allowance in 1974, the allowance was set at $25 per month, which was then subsequently increased to $30 in 1998. Act 96, Session Laws of Hawaii 2007, increased the monthly needs allowance to $50 to better accommodate the increase in the cost of living. However, the allowance has not been increased since then. The legislature believes that the personal needs allowance must be increased to effectively support individuals residing in long-term care facilities. Accordingly, the purpose of this Act is to: (1) Increase the personal needs allowance from $50 to $75; (2) Clarify that the needs allowance is not intended to replace or affect funds received from the federal supplemental security income program; (3) Require certain long-term care facility operators to pay for generic toiletries, linens, and meals and snacks; (4) Clarify the individuals who are eligible to receive the needs allowance; and (5) Require the department of human services to perform an annual review of the needs allowance and report to the legislature. SECTION 2. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes, to be provided to recipients who are eligible for federal [supplementary] supplemental security income or public assistance, or both. The director shall provide for level of care payment as follows: (1) Beginning on July 1, [2008,] 2024, for adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment shall not exceed [$651.90;] $ ; and (2) Beginning on July 1, [2008,] 2024, for adult residential care homes classified as facility type II, the state supplemental payment shall not exceed [$759.90.] $ . If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility. The department shall handle abusive practices under this section in accordance with chapter 91. Nothing in this subsection shall allow the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided or where the recipient no longer requires any domiciliary care." SECTION 3. Section 346D-4.5, Hawaii Revised Statutes, is amended to read as follows: "§346D-4.5 Needs allowance; waiver program individuals. (a) There may be established a monthly needs allowance for individuals living in: (1) Adult residential care home type I and type II facilities; (2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9; (3) Community care foster family homes as defined in section 321-481; (4) Certified adult foster homes as defined in section 321-11.2; (5) Domiciliary care as defined in section 346-1; (6) A nursing facility; or (7) A community-based residence as part of the residential alternatives community care program. (b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living. (c) The State's supplemental payment for a needs allowance under subsection (a) shall be increased by an amount necessary to bring the allowance up to [$50] $75 per month. The payment under this section shall be afforded to an individual notwithstanding that the individual is incapacitated; provided that the moneys may be spent on behalf of the client, with a written accounting, by the operator of the residence or facility. (d) The needs allowance is not intended to replace or affect the funds received from the federal supplemental security income program and shall be supplemental to any funds provided to a recipient by the federal supplemental security income program. (e) The operators of facilities identified in subsection (a) shall pay for generic toiletries, including toilet paper, hand soap, and paper towels; linens, including bedding, sheets, blankets, towels, and bath towels; and meals and snacks for outings; provided that operators shall not use the needs allowance without the consent of the individual receiving the needs allowance; provided further that an operator shall maintain records of when an individual authorizes the use of the individual's needs allowance that describes how the money from the needs allowance was spent. (f) The needs allowance shall apply to persons otherwise eligible to receive monthly income pursuant to state law or rules and federal laws or regulations and is not intended to affect the classifications of, or number of, persons eligible to receive such funds. (g) The department of human services shall perform an annual review of the monthly needs allowance to ensure the allowance provides adequate coverage. The department of human services shall submit a report of corrections or improvements to the monthly needs allowance, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025 and every regular session thereafter." SECTION 4. 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 2024-2025 to provide a monthly needs allowance to individuals eligible pursuant to section 346D-4.5, Hawaii Revised Statutes. The sum appropriated shall be expended by the department of human services for the purposes of this Act. SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the State provides a personal needs allowance for individuals residing in adult foster homes, adult residential care homes, domiciliary homes, and other long-term care facilities. The personal needs allowance allows recipients to purchase necessary items, such as clothing, toiletries, and meals, and covers other day-to-day living expenses.
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51	51	The legislature further finds that when the federal government first established the needs allowance in 1974, the allowance was set at $25 per month, which was then subsequently increased to $30 in 1998. Act 96, Session Laws of Hawaii 2007, increased the monthly needs allowance to $50 to better accommodate the increase in the cost of living. However, the allowance has not been increased since then. The legislature believes that the personal needs allowance must be increased to effectively support individuals residing in long-term care facilities.
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53	53	Accordingly, the purpose of this Act is to:
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55	55	(1) Increase the personal needs allowance from $50 to $75;
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57	57	(2) Clarify that the needs allowance is not intended to replace or affect funds received from the federal supplemental security income program;
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59	59	(3) Require certain long-term care facility operators to pay for generic toiletries, linens, and meals and snacks;
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61	61	(4) Clarify the individuals who are eligible to receive the needs allowance; and
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63	63	(5) Require the department of human services to perform an annual review of the needs allowance and report to the legislature.
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65	65	SECTION 2. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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67	67	"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes, to be provided to recipients who are eligible for federal [supplementary] supplemental security income or public assistance, or both. The director shall provide for level of care payment as follows:
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69	69	(1) Beginning on July 1, [2008,] 2024, for adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment shall not exceed [$651.90;] $ ; and
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71	71	(2) Beginning on July 1, [2008,] 2024, for adult residential care homes classified as facility type II, the state supplemental payment shall not exceed [$759.90.] $ .
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73	73	If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.
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75	75	The department shall handle abusive practices under this section in accordance with chapter 91.
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77	77	Nothing in this subsection shall allow the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided or where the recipient no longer requires any domiciliary care."
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79	79	SECTION 3. Section 346D-4.5, Hawaii Revised Statutes, is amended to read as follows:
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81	81	"§346D-4.5 Needs allowance; waiver program individuals. (a) There may be established a monthly needs allowance for individuals living in:
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83	83	(1) Adult residential care home type I and type II facilities;
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85	85	(2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9;
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87	87	(3) Community care foster family homes as defined in section 321-481;
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89	89	(4) Certified adult foster homes as defined in section 321-11.2;
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91	91	(5) Domiciliary care as defined in section 346-1;
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93	93	(6) A nursing facility; or
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95	95	(7) A community-based residence as part of the residential alternatives community care program.
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97	97	(b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living.
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99	99	(c) The State's supplemental payment for a needs allowance under subsection (a) shall be increased by an amount necessary to bring the allowance up to [$50] $75 per month. The payment under this section shall be afforded to an individual notwithstanding that the individual is incapacitated; provided that the moneys may be spent on behalf of the client, with a written accounting, by the operator of the residence or facility.
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101	101	(d) The needs allowance is not intended to replace or affect the funds received from the federal supplemental security income program and shall be supplemental to any funds provided to a recipient by the federal supplemental security income program.
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103	103	(e) The operators of facilities identified in subsection (a) shall pay for generic toiletries, including toilet paper, hand soap, and paper towels; linens, including bedding, sheets, blankets, towels, and bath towels; and meals and snacks for outings; provided that operators shall not use the needs allowance without the consent of the individual receiving the needs allowance; provided further that an operator shall maintain records of when an individual authorizes the use of the individual's needs allowance that describes how the money from the needs allowance was spent.
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105	105	(f) The needs allowance shall apply to persons otherwise eligible to receive monthly income pursuant to state law or rules and federal laws or regulations and is not intended to affect the classifications of, or number of, persons eligible to receive such funds.
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107	107	(g) The department of human services shall perform an annual review of the monthly needs allowance to ensure the allowance provides adequate coverage. The department of human services shall submit a report of corrections or improvements to the monthly needs allowance, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025 and every regular session thereafter."
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109	109	SECTION 4. 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 2024-2025 to provide a monthly needs allowance to individuals eligible pursuant to section 346D-4.5, Hawaii Revised Statutes.
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111	111	The sum appropriated shall be expended by the department of human services for the purposes of this Act.
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113	113	SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:
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115	115	(1) The appropriation made in this Act is necessary to serve the public interest; and
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117	117	(2) The appropriation made in this Act meets the needs addressed by this Act.
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119	119	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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121	121	SECTION 7. This Act shall take effect on July 1, 2024.
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125	125	INTRODUCED BY: _____________________________
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127	127	INTRODUCED BY:
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135	135	Report Title: Needs Allowance; Long-term Care Facilities; Department of Human Services; Appropriation; Expenditure Ceiling Description: Increases the monthly needs allowance from $50 to $75. Clarifies that the needs allowance is not intended to replace or affect funds received from the federal Supplemental Security Income program. Requires certain long-term care facility operators to pay for generic toiletries, linens, and meals and snacks. Clarifies the individuals who are eligible to receive the needs allowance. Requires the Department of Human Services to perform an annual review of the needs allowance and report to the Legislature. Appropriates funds. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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141	141	Report Title:
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143	143	Needs Allowance; Long-term Care Facilities; Department of Human Services; Appropriation; Expenditure Ceiling
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147	147	Description:
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149	149	Increases the monthly needs allowance from $50 to $75. Clarifies that the needs allowance is not intended to replace or affect funds received from the federal Supplemental Security Income program. Requires certain long-term care facility operators to pay for generic toiletries, linens, and meals and snacks. Clarifies the individuals who are eligible to receive the needs allowance. Requires the Department of Human Services to perform an annual review of the needs allowance and report to the Legislature. Appropriates funds.
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157	157	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.