Hawaii 2024 Regular Session

Hawaii House Bill HB897 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. 897 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO HEALTH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 897
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
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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11	11	897
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	15	H.D. 1
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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 HEALTH.
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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 persons who have been diagnosed with autism or fetal alcohol spectrum disorder in Hawaii face difficult and profound challenges and a present system of care that can be complicated to navigate. Other states, such as Minnesota and Virginia, have made dedicated efforts to make the coverage of medicaid services accessible to persons with autism or fetal alcohol spectrum disorder. The legislature finds that Hawaii needs to make a similar effort to minimize the burdens that persons with autism or fetal alcohol spectrum disorder experience in the navigation, access, and coverage of medicaid services. The purpose of this Act is to establish a joint task force with department of health's behavioral health administration and department of human services' med-QUEST division to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by persons with autism or fetal alcohol spectrum disorder. SECTION 2. This Act shall be known and may be cited as "Ann and Kelii's Law". SECTION 3. (a) There is established jointly within the department of health's behavioral health services administration and the department of human services' med-QUEST division a task force to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by persons with autism or fetal alcohol spectrum disorder. The members of the task force shall consist of: (1) A representative from the department of health's behavioral health services administration; (2) A representative from the department of health's developmental disabilities division; (3) A representative from the department of human services; (4) A representative from the department of human services' med-QUEST division; (5) A representative from the department of health's state council on developmental disabilities; (6) At least one representative from a med-QUEST health plan; (7) A member to be selected by the chair of the house standing committee with the primary purview over human services; (8) A member to be selected by the chair of the house standing committee with the primary purview over health and homelessness; (9) Two members to be selected by the chair of the senate standing committee with the primary purview over health and human services; (10) At least one member of a developmental or intellectual disability advocacy group; (11) Two parent-advocates to be selected by the speaker of the house of representatives; (12) Two parent-advocates to be selected by the president of the senate; and (13) Any additional representatives from state agencies, stakeholders, advocates, parent-advocates, or other individuals, as deemed necessary by the other members of the task force. (b) The task force shall conduct a study and submit a report of its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2024. The study shall include: (1) Identification of all populations and sub-populations with autism or fetal alcohol spectrum disorder that currently, or may in the future, experience burdens in the navigation, access, and coverage of medicaid services; (2) Recommendations for potential changes to medicaid policies and rules that may increase access to home and community-based services and other medicaid services by improving navigation, existing service delivery, coverage, and access; (3) Screening tools for autism or fetal alcohol spectrum disorder, considering relevant guidelines, including guidelines developed in other countries such as for the Canada Fetal Alcohol Spectrum Disorder Research Network titled, Fetal alcohol spectrum disorder: a guideline for diagnosis across the lifespan (February 2016), as published in the Canadian Medical Association Journal; (4) Recommendations for ways to improve support services as part of the medicaid state plan for persons who have been diagnosed with autism or fetal alcohol spectrum disorder; and (5) Recommendations for potential legislation, if necessary. (c) The task force shall also conduct an analysis and make a recommendation on whether a waiver, a waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services may be necessary to ensure the following services are accessible to persons with autism or fetal alcohol spectrum disorder: (1) Assistive technology; (2) Career planning, including vocational assessment and job placement services; (3) Community transition services; (4) Day habilitation; (5) Family support; (6) Home modifications; (7) Nutritional consultation; (8) Residential habilitation; (9) Respite care; (10) Specialized skill development, including behavioral specialist, community support, and systematic skill building services; (11) Supported employment, including extended employment supports and intensive job coaching; (12) Temporary supplemental services; (13) Therapeutic care; (14) Transitional work services; (15) Vehicle modifications; and (16) Supportive housing. (d) Notwithstanding any other law to the contrary, any waiver, waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services recommended by the task force pursuant to this section shall comply with the applicable federal requirements related to utilization, coverage, and reimbursement for services provided to persons who have been diagnosed with autism or fetal alcohol spectrum disorder, including any federally mandated level of care or needs-based criteria requirements. (e) The members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred for service on the task force. (f) The task force shall convene no later than thirty days after the effective date of this Act. (g) The task force shall serve until it has accomplished the objectives of this Act or twenty days prior to the convening of the regular session of 2024, whichever occurs first. (h) As used in this section, unless the context clearly requires otherwise: "Autism" means autism spectrum disorder, which is a neurodevelopmental disorder, as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. "Therapeutic care" means services provided by licensed speech pathologists, licensed occupational therapists, licensed social workers, licensed clinical social workers, or licensed physical therapists. SECTION 4. (a) The department of human services shall seek a waiver, a waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services that may be necessary to provide home and community-based services or other medicaid services for medicaid-eligible individuals who have been diagnosed with autism or fetal alcohol spectrum disorder, if recommended by the task force pursuant to section 3(c) and pursuant to an appropriation pursuant to paragraph (b). (b) If the task force recommends a waiver, waiver amendment, or any other necessary policy approval that requires additional medicaid expenditures to implement, then an appropriation shall be sought from the legislature that is sufficient to cover the state portion of increased medicaid expenditures arising from the waiver, waiver amendment, or any other necessary policy approval. Any waiver, waiver amendment, or other necessary policy approval shall not be implemented without an appropriation. SECTION 5. The provision of home and community-based services and other medicaid services for individuals diagnosed with autism or fetal alcohol spectrum disorder as required by this Act shall apply to all plans issued under medicaid managed care and fee-for-service programs in the State. SECTION 6. 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 2023-2024 for the department of human services to procure consultant technical assistance to write medicaid waivers and develop an estimated budget for any recommended service and benefit coverage expansions proposed by the task force established by section 3 of this Act. The sums appropriated shall be expended by the department of human services for the purposes of this Act. SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid by state or federal law, 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. This Act shall take effect on June 30, 3000; provided that section 5 shall take effect upon approval by the Centers for Medicare and Medicaid Services of any waiver, waiver amendment, or necessary policy change submitted pursuant to section 4 of this Act.
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49	49	SECTION 1. The legislature finds that persons who have been diagnosed with autism or fetal alcohol spectrum disorder in Hawaii face difficult and profound challenges and a present system of care that can be complicated to navigate. Other states, such as Minnesota and Virginia, have made dedicated efforts to make the coverage of medicaid services accessible to persons with autism or fetal alcohol spectrum disorder. The legislature finds that Hawaii needs to make a similar effort to minimize the burdens that persons with autism or fetal alcohol spectrum disorder experience in the navigation, access, and coverage of medicaid services.
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51	51	The purpose of this Act is to establish a joint task force with department of health's behavioral health administration and department of human services' med-QUEST division to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by persons with autism or fetal alcohol spectrum disorder.
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53	53	SECTION 2. This Act shall be known and may be cited as "Ann and Kelii's Law".
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55	55	SECTION 3. (a) There is established jointly within the department of health's behavioral health services administration and the department of human services' med-QUEST division a task force to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by persons with autism or fetal alcohol spectrum disorder. The members of the task force shall consist of:
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57	57	(1) A representative from the department of health's behavioral health services administration;
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59	59	(2) A representative from the department of health's developmental disabilities division;
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61	61	(3) A representative from the department of human services;
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63	63	(4) A representative from the department of human services' med-QUEST division;
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65	65	(5) A representative from the department of health's state council on developmental disabilities;
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67	67	(6) At least one representative from a med-QUEST health plan;
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69	69	(7) A member to be selected by the chair of the house standing committee with the primary purview over human services;
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71	71	(8) A member to be selected by the chair of the house standing committee with the primary purview over health and homelessness;
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73	73	(9) Two members to be selected by the chair of the senate standing committee with the primary purview over health and human services;
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75	75	(10) At least one member of a developmental or intellectual disability advocacy group;
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77	77	(11) Two parent-advocates to be selected by the speaker of the house of representatives;
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79	79	(12) Two parent-advocates to be selected by the president of the senate; and
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81	81	(13) Any additional representatives from state agencies, stakeholders, advocates, parent-advocates, or other individuals, as deemed necessary by the other members of the task force.
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83	83	(b) The task force shall conduct a study and submit a report of its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2024. The study shall include:
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85	85	(1) Identification of all populations and sub-populations with autism or fetal alcohol spectrum disorder that currently, or may in the future, experience burdens in the navigation, access, and coverage of medicaid services;
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87	87	(2) Recommendations for potential changes to medicaid policies and rules that may increase access to home and community-based services and other medicaid services by improving navigation, existing service delivery, coverage, and access;
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89	89	(3) Screening tools for autism or fetal alcohol spectrum disorder, considering relevant guidelines, including guidelines developed in other countries such as for the Canada Fetal Alcohol Spectrum Disorder Research Network titled, Fetal alcohol spectrum disorder: a guideline for diagnosis across the lifespan (February 2016), as published in the Canadian Medical Association Journal;
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91	91	(4) Recommendations for ways to improve support services as part of the medicaid state plan for persons who have been diagnosed with autism or fetal alcohol spectrum disorder; and
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93	93	(5) Recommendations for potential legislation, if necessary.
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95	95	(c) The task force shall also conduct an analysis and make a recommendation on whether a waiver, a waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services may be necessary to ensure the following services are accessible to persons with autism or fetal alcohol spectrum disorder:
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97	97	(1) Assistive technology;
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99	99	(2) Career planning, including vocational assessment and job placement services;
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101	101	(3) Community transition services;
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103	103	(4) Day habilitation;
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105	105	(5) Family support;
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107	107	(6) Home modifications;
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109	109	(7) Nutritional consultation;
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111	111	(8) Residential habilitation;
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113	113	(9) Respite care;
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115	115	(10) Specialized skill development, including behavioral specialist, community support, and systematic skill building services;
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117	117	(11) Supported employment, including extended employment supports and intensive job coaching;
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119	119	(12) Temporary supplemental services;
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121	121	(13) Therapeutic care;
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123	123	(14) Transitional work services;
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125	125	(15) Vehicle modifications; and
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127	127	(16) Supportive housing.
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129	129	(d) Notwithstanding any other law to the contrary, any waiver, waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services recommended by the task force pursuant to this section shall comply with the applicable federal requirements related to utilization, coverage, and reimbursement for services provided to persons who have been diagnosed with autism or fetal alcohol spectrum disorder, including any federally mandated level of care or needs-based criteria requirements.
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131	131	(e) The members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred for service on the task force.
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133	133	(f) The task force shall convene no later than thirty days after the effective date of this Act.
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135	135	(g) The task force shall serve until it has accomplished the objectives of this Act or twenty days prior to the convening of the regular session of 2024, whichever occurs first.
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137	137	(h) As used in this section, unless the context clearly requires otherwise:
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139	139	"Autism" means autism spectrum disorder, which is a neurodevelopmental disorder, as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
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141	141	"Therapeutic care" means services provided by licensed speech pathologists, licensed occupational therapists, licensed social workers, licensed clinical social workers, or licensed physical therapists.
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143	143	SECTION 4. (a) The department of human services shall seek a waiver, a waiver amendment, or any other necessary policy approval from the Centers for Medicare and Medicaid Services that may be necessary to provide home and community-based services or other medicaid services for medicaid-eligible individuals who have been diagnosed with autism or fetal alcohol spectrum disorder, if recommended by the task force pursuant to section 3(c) and pursuant to an appropriation pursuant to paragraph (b).
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145	145	(b) If the task force recommends a waiver, waiver amendment, or any other necessary policy approval that requires additional medicaid expenditures to implement, then an appropriation shall be sought from the legislature that is sufficient to cover the state portion of increased medicaid expenditures arising from the waiver, waiver amendment, or any other necessary policy approval. Any waiver, waiver amendment, or other necessary policy approval shall not be implemented without an appropriation.
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147	147	SECTION 5. The provision of home and community-based services and other medicaid services for individuals diagnosed with autism or fetal alcohol spectrum disorder as required by this Act shall apply to all plans issued under medicaid managed care and fee-for-service programs in the State.
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149	149	SECTION 6. 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 2023-2024 for the department of human services to procure consultant technical assistance to write medicaid waivers and develop an estimated budget for any recommended service and benefit coverage expansions proposed by the task force established by section 3 of this Act.
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151	151	The sums appropriated shall be expended by the department of human services for the purposes of this Act.
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153	153	SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid by state or federal law, 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.
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155	155	SECTION 8. This Act shall take effect on June 30, 3000; provided that section 5 shall take effect upon approval by the Centers for Medicare and Medicaid Services of any waiver, waiver amendment, or necessary policy change submitted pursuant to section 4 of this Act.
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157	157	Report Title: Autism; Home and Community-based Services; Medicaid; Ann and Kelii's Law; Fetal Alcohol Spectrum Disorder; Task Force; Appropriation Description: Establishes a joint task force to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by individuals with autism or fetal alcohol spectrum disorder and make a recommendation on whether a waiver or other approval from the Centers for Medicare and Medicaid Services is necessary to ensure accessibility of certain services for individuals with autism or fetal alcohol spectrum disorder. Appropriates funds. Effective 6/30/3000. (HD1) 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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161	161	Report Title:
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163	163	Autism; Home and Community-based Services; Medicaid; Ann and Kelii's Law; Fetal Alcohol Spectrum Disorder; Task Force; Appropriation
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167	167	Description:
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169	169	Establishes a joint task force to review policy issues and opportunities relating to the navigation, access, and coverage of medicaid services by individuals with autism or fetal alcohol spectrum disorder and make a recommendation on whether a waiver or other approval from the Centers for Medicare and Medicaid Services is necessary to ensure accessibility of certain services for individuals with autism or fetal alcohol spectrum disorder. Appropriates funds. Effective 6/30/3000. (HD1)
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177	177	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.