Hawaii-2021-SB838-Amended

SECTION 1. The purpose of this Act is to:

(1) Relax the thirty-hour per week employment requirement for qualified caregivers under the kupuna caregiver program during a governor-declared state of emergency;

(2) Allow the kupuna caregivers program to be delivered through either traditional service delivery or kupuna caregiver-directed services;

(3) Allow the funds under the kupuna caregivers program to be issued to the care recipient's financial management service provider; and

(4) Require the executive office on aging to submit an annual report to the legislature regarding the kupuna caregivers program.

SECTION 2. Section 349-16, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Financial management service provider" means a service provider who is a fiscal agent that is responsible for making financial payments on behalf of a care recipient enrolled in a participant-directed or kupuna caregiver-directed program."

2. By amending the definition of "coach" to read:

""Coach" means an individual who:

(1) Helps the care recipient understand the program of participant-directed services and support;

(2) Develops and implements a spending plan to describe how the care recipient will spend the care recipient's budget; [~~and~~]

(3) Evaluates whether the participant-directed service and support program is meeting the care recipient's needs[.]; and

(4) Assists the care recipient and qualified caregiver with the program's enrollment process, including completing necessary forms such as state and federal tax forms, privacy and confidentiality forms, criminal background check forms, financial management forms, employer and employee related forms, and other forms requested by the executive office on aging for enrollment."

3. By amending the definition of "homemaker services" to read:

"[~~"Homemaker services"~~] "Homemaking" means services that provide assistance with preparing meals, shopping for personal items, managing money, using the telephone, or performing light housework."

4. By amending the definition of "kupuna care core services" to read:

""Kupuna care core services" means services consisting of:

(1) Adult day care;

(2) Attendant care;

(3) Case management;

(4) Chores;

(5) [~~Homemaker services;~~] Homemaking;

(6) Home-delivered meals;

(7) Personal care;

(8) Transportation; or

(9) Assisted transportation."

5. By amending the definitions of "person-centered support plan" or "support plan", "qualified caregiver", and "respite care" to read:

""Person-centered support plan" or "support plan" means a plan developed by a care recipient [~~with the assistance of a coach~~] and the care recipient's qualified caregiver that [~~allows~~] identifies the needs of the care recipient [to establish the goals, skills, and knowledge necessary to work toward the desired outcomes and lays out practical steps toward the achievement of the goals; provided that family members and friends may provide assistance in developing a care recipient's plan if the care recipient chooses to include them.] and allows the qualified caregiver to remain in the workforce.

"Qualified caregiver" means an individual who meets the following requirements:

(1) Provides care for a care recipient; and

(2) Is employed at least thirty hours per week by one or more employers[.]; provided that upon issuance of a proclamation by the governor declaring a state of emergency in the State under section 127A-14, the executive office on aging may reduce the required hours during the emergency period.

"Respite care" includes:

(1) In-home respite (personal care, [~~homemaker services,~~] homemaking, and other in-home respite);

(2) Respite provided by attendance of the care recipient at a nonresidential program;

(3) Institutional respite provided by placing the care recipient in an institutional setting such as a nursing home for a short period of time as a respite service to the caregiver; and

(4) Any combination of services to assist the caregiver as deemed appropriate by the area agency on aging."

SECTION 3. Section 349-18, Hawaii Revised Statutes, is amended to read as follows:

"§349-18 Kupuna caregivers program. (a) The executive office on aging may establish the kupuna caregivers program. The program shall provide assistance to a qualified caregiver who meets the requirements of this section.

(b) The program shall be coordinated and administered by the executive office on aging and implemented through the area agency on aging. The executive office on aging shall develop and implement a plan to maximize the number of caregivers served by the program.

(c) The kupuna caregivers program shall be delivered through the following two distinct service options based on the support plan for each eligible care recipient and the care recipient's qualified caregiver:

(1) Traditional service delivery through a service provider organization or person who provides services to clients under a formal contractual arrangement with the executive office on aging or area agency on aging. The service provider shall be a mandatory reporter who has received adult protective services training, and shall deliver to each care recipient one or more services identified in subsection (d) to address the care recipient's specific needs that have been identified in the care recipient's and the qualified caregiver's support plan; or

(2) Kupuna caregiver-directed services that shall address the care recipient's assessed needs and allow for the qualified caregiver to remain in the workforce. The care recipient and the qualified caregiver shall have shared decision-making authority over the budgeted dollar amount to purchase and manage the needed services and supports. Kupuna caregiver-directed services shall provide the care recipient and the qualified caregiver with a coach to assist their enrollment into the kupuna caregiver-directed program to maintain the care recipient's independence and quality living experience in the community and the qualified caregiver's employment; provided that the coach shall be a mandatory reporter who has received adult protective services training.

[~~(c)~~] (d) The kupuna caregivers program shall award an allocation of funds, subject to the availability of funding and up to a maximum of $210 per week, to cover costs for services that would otherwise be performed by the qualified caregiver for the care recipient, including but not limited to:

(1) Care coordination or case management;

(2) Adult day care;

(3) Assisted transportation;

(4) Chores;

(5) Home-delivered meals;

(6) [~~Homemaker~~ ~~services;~~] Homemaking;

(7) Personal care;

(8) Respite care; or

(9) Transportation;

provided that the allocated funds shall be issued directly to the service provider or the care recipient's financial management service provider upon request and receipt of an invoice for services rendered.

(e) The executive office on aging shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the status of the kupuna caregivers program.

[~~(d)~~] (f) The director [~~may~~] shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

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, 2060.

THE SENATE	S.B. NO.	838
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII		H.D. 1