Bill Text: HI HB2305 | 2014 | Regular Session | Amended
Bill Title: Emergency Appropriation; Developmental Disabilities ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-11 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Cachola, Carroll excused (2). [HB2305 Detail]
Download: Hawaii-2014-HB2305-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2305 |
TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE DEVELOPMENTAL DISABILITIES DIVISION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act is recommended for immediate passage in accordance with Article VII, section 9, of the Constitution of the State of Hawaii.
SECTION 2. Although funds were appropriated to the department of health developmental disabilities division for the fiscal year beginning July 1, 2013, and ending June 30, 2014, a funding emergency now exists. The program is now obligated to provide Medicaid Title XIX program services to citizens of the Compact of Free Association (COFA) countries who are eligible for developmental disabilities (DD) services, using one hundred per cent state funds for the current fiscal year. The department will be unable to meet its fiscal obligation in this regard.
The division is obligated to provide services under the State's Medicaid Title XIX programs to COFA adults and children pursuant to a preliminary injunction issued by the Honorable Michael Seabright in his Order Granting Plaintiffs' Motion for Preliminary Injunction filed December 13, 2010 in Korab, et al. v. McManaman, et al., Civil No. 10-00483 JMS/KSC (USDC, Dist. of Hawaii). Under the Korab preliminary injunction, the developmental disabilities division must provide eligible persons with developmental disabilities in the COFA population with Medicaid Title XIX program services pursuant to its fee-for-services provision.
This emergency appropriation is necessary to continue existing services to meet the needs of eligible persons with developmental disabilities in the COFA population and to continue funding of required services developed during the fiscal year, as mandated by chapter 333F, Hawaii Revised Statutes, and the Korab preliminary injunction.
The purpose of this Act is to appropriate emergency funds to provide eligible COFA adults and children with developmental disabilities with ongoing services provided by the Medicaid Title XIX programs of the developmental disabilities division of the department of health.
SECTION 3. 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 2013-2014 to provide eligible persons with developmental disabilities in the Compact of Free Association population with ongoing services provided by the developmental disabilities division of the department of health.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Emergency Appropriation; Developmental Disabilities
Description:
Authorizes an emergency appropriation to the department of health, for ongoing services provided by the developmental disabilities division to persons with developmental disabilities in Hawaii's COFA population. Effective July 1, 2050. (HB2305 HD1)
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