Bill Text: HI SB648 | 2025 | Regular Session | Introduced
Bill Title: Relating To The Department Of Health.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2025-01-23 - Referred to HHS, WAM. [SB648 Detail]
Download: Hawaii-2025-SB648-Introduced.html
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THE SENATE |
S.B. NO. |
648 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the department of health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature acknowledges, however, that under the current administrative rules of the developmental disabilities division of the department of health, individuals are deemed ineligible for the medicaid intellectual or developmental disability waiver if the individual's impairments are due to any of several specified conditions, including dementia, mental illness, emotional disorders, substance abuse, sensory impairment, learning disabilities, attention deficit hyperactivity disorder, spinal cord injuries, or neuromuscular disorders. The legislature believes that the current administrative rules unfairly deny eligibility to an individual who also has an eligible condition, including cerebral palsy; epilepsy; autism spectrum disorder (ASD); or a neurological condition, central nervous system disorder, or chromosomal disorder that results in impairment in both general intellectual functioning and adaptive behavior. The legislature also finds that according to an article published in the National Library of Medicine, emotion regulation difficulties, anxiety, and depression are often co-occurring in individuals having ASD.
Accordingly, the purpose of this Act is to require the developmental disabilities division of the department of health to amend its eligibility criteria for the home and community‑based services medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness; and to appropriate funds for full-time equivalent ( FTE) positions in amending and implementing the eligibility criteria.
SECTION 2. (a) The developmental disabilities division of the department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to amend its eligibility criteria for the home and community-based services medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness.
(b) No
later than thirty days prior to the convening of the regular session of 2026,
the developmental disabilities division of the department of health
shall submit to the legislature a report of the status of the department's
adoption of rules pursuant to subsection (a), including any proposed
legislation.
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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to implement this measure, including funding for establishing full-time equivalent ( FTE) positions.
The sums appropriated shall be expended by the department of health for the
purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
DOH; Developmental Disabilities Division; Home and Community‑Based Services Medicaid Waiver; Eligibility Criteria; Rulemaking; Appropriations
Description:
Requires the Developmental Disabilities Division of the Department of Health to amend its eligibility criteria for the home and community-based services Medicaid waiver to include individuals having an intellectual or a developmental disability and a comorbid mental illness. 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.
