THE SENATE	S.B. NO.	2855
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

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 section 9 of Article VII, section 9, of the Constitution of the State of Hawaii.

     SECTION 2.  Although funds were appropriated to the department of health for developmental disabilities division for the fiscal period 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 the Compact of Free Association (COFA) population who are eligible for developmental disabilities (DD) services using 100% state funds for the current fiscal year, and the department will be unable to meet its fiscal obligation.  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).  The Korab preliminary injunction provides the inclusion of the developmental disabilities division to provide the COFA population who are DD eligible with the 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 the DD eligible COFA population and to continue funding of required services developed during the fiscal year.  These services and the number of consumers served are mandated pursuant to Chapter 333F, Hawaii Revised Statutes and the Korab preliminary injunction.  The purpose of this Act is to appropriate emergency funds to provide COFA adults and children who are DD eligible with ongoing services in Medicaid Title XIX programs of the developmental disabilities division.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2013-2014 to provide the Compact of Free Association population with developmental disabilities who are eligible with ongoing services of 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 upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Emergency Appropriation; Developmental Disabilities

 

Description:

Authorizes an emergency appropriation for FY 2013-2014 $500,000 from general funds to the Department of Health, for ongoing services provided by the developmental disabilities division.

 

 

 

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