Bill Text: HI SB2771 | 2014 | Regular Session | Introduced
Bill Title: Adult Residential Care Homes; State Supplemental Income
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-23 - Referred to HMS, WAM. [SB2771 Detail]
Download: Hawaii-2014-SB2771-Introduced.html
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THE SENATE |
S.B. NO. |
2771 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Adult residential care homes are integral to Hawaii's health care system. These care homes provide twenty-four-hour living accommodations for a fee to adults who need minimal assistance in their daily living in a home-like setting for their personal and health care services.
For many adults, adult residential care homes are an option for individuals who seek placement in a health care setting but do not quite meet the criteria for nursing home placement and do not have the means for assisted living. Adult residential care homes foster and support a high level of independence in adults who reside in these facilities.
The legislature finds that adult residential care homes continue to fulfill an important need in the community because of the increased reliance on residential health care services and facilities for Hawaii's aging population. The state supplemental payment for adult residential care homes, licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes was last increased in 2008 by Act 220, Session Laws of Hawaii 2008. However, the costs of operating adult residential care homes continue to rise. Many care home residents rely on the state supplemental payment to cover the costs of residing in these care homes.
The purpose of this Act is to increase the state supplemental payment for adult residential care homes, licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes; and to change the public assistance allowance to equal an unspecified percentage of the federal poverty level.
SECTION 2. Section 346-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This subsection does not apply to
general assistance to households without minor dependents. The standard of
need shall equal the federal poverty level [established by the
federal government in 2006], prorated over a twelve-month period based on
family size.
The
assistance allowance provided shall be based on a percentage of the standard of
need. For other work eligible households and non-work eligible households and
households in which all caretaker relatives are minors, living independently
with minor dependents and attending school, the assistance allowance shall be
set no higher than [sixty-two and one-half] __________ per cent and no
lower than [forty-four] __________ per cent of the standard of need.
For all other households, the assistance allowance shall be set no higher than [sixty-two
and one-half] __________ per cent of the standard of need and set no lower
than [thirty-four] __________ per cent of the standard of need. The
standard of need shall be determined by dividing the [2006] federal
poverty level by twelve and rounding down the quotient. The remaining quotient
shall be multiplied by the per cent as set by the director by rules pursuant to
chapter 91, and the final product shall be rounded down to determine the
assistance allowance; provided that:
(1) The department may increase or reduce the assistance allowance as determined in this subsection for work eligible households for the purpose of providing work incentives or services under part XI;
(2) No reduction shall be allowed that jeopardizes eligibility for or receipt of federal funds;
(3) Reductions in the assistance allowance shall be limited to no more than one per year; and
(4) No work eligible household, which includes an adult who has received sixty cumulative months of temporary assistance to needy families with minor dependents, shall be eligible for an assistance allowance, unless authorized by federal regulations."
SECTION 3. Section 3, Act 93, Session Laws of Hawaii 2012, is amended to read as follows:
"SECTION 3. Section 346-53, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) 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 Security Income or public assistance, or both. The director shall provide for level of care payment as follows:
(1) Beginning on July 1, 2008, 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, for
adult residential care homes classified as facility type II, the state
supplemental payment shall not exceed $759.90[.];
(3) Beginning on July 1, 2014, 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 $ ;
(4) Beginning on July 1, 2014, for adult residential care homes classified as facility type II, the state supplemental payment shall not exceed $ ;
(5) Beginning on July 1, 2014, for expanded adult residential care homes as defined under section 321-15.1 and classified as facility type I, the state supplemental payment shall not exceed $ ; and
(6) Beginning on July 1, 2014, for expanded adult residential care homes as defined under section 321-15.1 and classified as facility type II, the state supplemental payment shall not exceed $ ;
provided that beginning on July 1, 2014, the maximum state supplemental payment amounts in paragraphs (3), (4), (5), and (6), shall be changed in December of each year to include the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year.
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.
(d) On July 1, 2006, and thereafter, as the department determines a need, the department shall authorize a payment, as allowed by federal law, for resident clients receiving supplemental security income in adult residential care home, as defined under section 321-15.1, type I and type II facilities, expanded adult residential care home as defined under section 321-15.1, type I and type II facilities, 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, when state funds appropriated for the purpose of providing payments under subsection (c) for a specific fiscal year are not expended fully within a period that meets the requirements of the department's maintenance of effort agreement with the Social Security Administration.
The payment shall be made with that portion of state funds identified in this subsection that has not been expended.
The department shall determine the rate of payment to ensure compliance with its maintenance of effort agreement with the Social Security Administration.""
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2014.
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INTRODUCED BY: |
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Report Title:
Adult Residential Care Homes; State Supplemental Income
Description:
Amends the state supplemental income for adult residential care homes (ARCHs), expanded ARCHs, and other homes specified in section 346-53, Hawaii Revised Statutes, and changes the public assistance allowance to equal an unspecified percentage of the current poverty level established by the federal government. Effective July 1, 2014.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
