Bill Text: HI HB392 | 2013 | Regular Session | Introduced
Bill Title: Medicaid Home and Community-Based Waiver Programs; Family Member
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to HUS, FIN, referral sheet 3 [HB392 Detail]
Download: Hawaii-2013-HB392-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
392 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Independently performing activities of daily living can become more difficult for individuals as they age. A large portion of Hawaii's aging population is medicaid-eligible and find themselves in need of long-term care. Due to a shortage of care providers in Hawaii, the preference of the elderly to age in place with their families, and the high cost of long-term care, family caregiving has become more prevalent. However, family caregivers are often uncompensated for their services. According to a recent report by the AARP Public Policy Institute in Washington, D.C., Hawaii has one hundred sixty-nine thousand caregivers at any given time who provide unpaid assistance to elderly, chronically ill, or disabled family members or friends. The purpose of this Act is to allow medicaid recipients who receive long-term care the option of using medicaid funds to pay family members for in-home care services.
SECTION 2. Section 346D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Family member" means the waiver program individual's birth parents, adoptive parents or stepparents, siblings or stepsiblings, children or stepchildren, grandparents, grandchildren, niece, nephew, aunt, uncle, or spouse who is at least eighteen years of age."
SECTION 3. Section 346D-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The program shall provide the services in the most economic manner feasible which is compatible with preserving quality of care through:
(1) Informal care providers, such as family members, friends, or neighbors who regularly provide specific services without remuneration and not as a part of any organized volunteer activity;
(2) Family members hired and directed by the waiver program individual to provide specific approved in-home care services;
[(2)] (3) Individual providers hired and
directed by the waiver program individual to provide specific approved
services;
[(3)] (4) Contracts with agency
providers, such as home care agencies and public or private health and social
service organizations;
[(4)] (5) Contracts with individual
providers, such as counselors, nurses, therapists, and residential alternative
program operators who provide services for the waiver program; and
[(5)] (6) Program personnel, such as
social workers and nurses who are hired by the waiver program to provide
specific services."
SECTION 4. It is the intent of this Act not to jeopardize the receipt of any federal aid. If any provision of this Act, or the application thereof to any person or circumstances, is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the provision shall be deemed void; provided that the voided provision shall not affect other provisions or applications of the Act that can be given effect without the voided provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2013; provided that on July 1, 2016, this Act shall be repealed and sections 346D-1 and 346D-4(b), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.
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INTRODUCED BY: |
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Report Title:
Medicaid Home and Community-Based Waiver Programs; Family Member
Description:
Requires medicaid home and community-based waiver programs to allow family members hired and directed by the waiver program individual to provide specific approved in-home care services to the individual. Effective July 1, 2013.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
