Bill Text: HI SB2798 | 2018 | Regular Session | Introduced
Bill Title: Relating To Intellectual And Developmental Disabilities Medicaid Waiver Administrative Claiming Special Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-04-26 - Received notice of discharge of conferees (Hse. Com. No. 681). [SB2798 Detail]
Download: Hawaii-2018-SB2798-Introduced.html
THE SENATE |
S.B. NO. |
2798 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTELLECTUAL AND DEVELOPMENTAL DISABILITIES MEDICAID WAIVER ADMINISTRATIVE CLAIMING SPECIAL FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The department of health
developmental disabilities division is the operating agency for the Hawaii
medicaid section 1915(c) Home and Community-Based Services for People with
Intellectual and Developmental Disabilities waiver. The department of health operates the waiver
pursuant to a memorandum of agreement with the department of human services,
which is the state medicaid agency supervising the administration of the
waiver. Therefore, the department of
health can claim allowable medicaid federal financial participation for the
proper and necessary costs incurred by the department in administering the
waiver. Administrative claiming has
become increasingly important to defray the rising costs to states for
administration of medicaid programs. To
date, the department of health has conducted minimal administrative claiming,
and without a special fund to deposit and use administrative federal financial
participation for operating the medicaid section 1915(c) Home and Community-Based
Services for People with Intellectual and Developmental Disabilities waiver,
the department will lack a fund to ensure the proper and efficient
administration of the waiver, and the growing federal requirements for
community integration, quality and accountability.
The
requirements of operating the waiver are specified in the State′s waiver
application approved by the federal Centers for Medicare and Medicaid
Services. Through the delegated
functions, the department must assure the health and welfare of waiver
participants, coordinate services, and ensure the service quality. Specific requirements for the operating
authority include completing initial intake for new waiver applicants,
completing annual re-determinations of level of care for continued eligibility,
performing fiscal oversight to ensure that waiver enrollment and expenditures
are managed against federally approved limits, implementing person-centered
planning processes, developing and monitoring participant individualized
service plans, pre-authorizing waiver services, managing utilization, enrolling
qualified providers and provider monitoring, establishing a statewide rate
methodology, developing policies and procedures for operating the waiver
subject to department of human services approval, and implementing quality
assurance and improvement activities for required performance measures. The department is contracting to develop a
new information technology system to assist case managers manage information
and provide analytics. Many of the activities performed by department staff or
contracted entities can be claimed as administrative costs.
SECTION
2. Chapter 333F, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
"§333F- Intellectual and developmental
disabilities Medicaid waiver administrative claiming special fund. (a)
There is established in the treasury of the State the intellectual
and developmental disabilities medicaid waiver administrative claiming special
fund, into which shall be deposited:
(1) All revenues from medicaid administrative
claiming designated for the department that are allowable for operating the
Hawaii section 1915(c) Home and Community-Based Services for People with
Intellectual and Developmental Disabilities waiver;
(2) Appropriations made by the legislature to
the fund;
(3) Other grants and gifts made to the fund;
and
(4) Any income and capital gains earned by the
fund.
(b) Moneys in the intellectual and developmental
disabilities medicaid waiver administrative claiming special fund shall
be used by the department for the following purposes:
(1) Payment for fiscal management services of
the Hawaii section 1915(c) Home and Community-Based Services for People with
Intellectual and Developmental Disabilities waiver;
(2) Training of staff, waiver providers, waiver
participants, their families, and their legal representatives, and community
stakeholders;
(3) Quality management activities for operating
the Hawaii section 1915(c) Home and Community-Based Services for People with
Intellectual and Developmental Disabilities waiver;
(4) Ongoing operations and maintenance of the
information technology system;
(5) Conducting rate methodology studies to
define rates for the Hawaii section 1915(c) Home and Community-Based Services
for People with Intellectual and Developmental Disabilities waiver; and
(6) Assessment services for determining
participant′s level of support needs.
(c) The department shall submit to the
legislature no later than twenty days prior to the convening of each regular
session a written annual report that provides an accounting of the receipts of
and expenditures from the intellectual and developmental disabilities medicaid
waiver administrative claiming special fund."
SECTION
3. Section 36-27, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in this section, and
notwithstanding any other law to the contrary, from time to time, the director
of finance, for the purpose of defraying the prorated estimate of central
service expenses of government in relation to all special funds, except the:
(1) Special out-of-school time instructional
program fund under section 302A-1310;
(2) School cafeteria special funds of the
department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement
special fund;
(5) Convention center enterprise special fund
under section 201B-8;
(6) Special funds established by section
206E-6;
(7) Aloha Tower fund created by section 206J-17;
(8) Funds of the employees' retirement system
created by section 88-109;
(9) Hawaii hurricane relief fund established under
chapter 431P;
(10) Hawaii health systems corporation special
funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section
201B-11;
(12) Universal service fund established under
section 269-42;
(13) Emergency and budget reserve fund under
section 328L-3;
(14) Public schools special fees and charges fund
under section 302A-1130;
(15) Sport fish special fund under section
187A-9.5;
[[](16)[]] Neurotrauma special fund under section
321H-4;
[[](17)[]] Glass advance disposal fee established by
section 342G-82;
[[](18)[]] Center for nursing special fund under section
304A-2163;
[[](19)[]] Passenger facility charge special fund
established by section 261-5.5;
[[](20)[]] Solicitation of funds for charitable purposes
special fund established by section 467B-15;
[[](21)[]] Land conservation fund established by section
173A-5;
[[](22)[]] Court interpreting services revolving fund
under section 607-1.5;
[[](23)[]] Trauma system special fund under section
321-22.5;
[[](24)[]] Hawaii cancer research special fund;
[[](25)[]] Community health centers special fund;
[[](26)[]] Emergency medical services special fund;
[[](27)[]] Rental motor vehicle customer facility charge
special fund established under section 261-5.6;
[[](28)[]] Shared services technology special fund under
section 27-43;
[[](29)[]] Automated victim information and notification
system special fund established under section 353-136;
[[](30)[]] Deposit beverage container deposit special
fund under section 342G-104;
[[](31)[]] Hospital sustainability program special fund
under [[]section 346G-4[]];
[[](32)[]] Nursing facility sustainability program
special fund under [[]section 346F-4[]];
[[](33)[]] Hawaii 3R's school improvement fund under
section 302A-1502.4;
[[](34)[]] After-school plus program revolving fund
under section 302A-1149.5; [and}
[[](35)[]] Civil monetary penalty special fund under
section 321-30.2[,]; and
(36) Intellectual and developmental disabilities
medicaid waiver administrative claiming special fund under section
333F- ,
shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Special out-of-school time instructional
program fund under section 302A-1310;
(2) School cafeteria special funds of the
department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement
special fund;
(5) Special funds established by section 206E-6;
(6) Aloha Tower fund created by section 206J-17;
(7) Funds of the employees' retirement system
created by section 88-109;
(8) Hawaii hurricane relief fund established under
chapter 431P;
(9) Convention center enterprise special fund
established under section 201B-8;
(10) Hawaii health systems corporation special
funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section
201B-11;
(12) Universal service fund established under
section 269-42;
(13) Emergency and budget reserve fund under
section 328L-3;
(14) Public schools special fees and charges fund
under section 302A-1130;
(15) Sport fish special fund under section
187A-9.5;
[(16)] Neurotrauma special fund under section 321H-4;
[(17)] Center for nursing special fund under section
304A-2163;
[(18)] Passenger facility charge special fund
established by section 261-5.5;
[(19)] Court interpreting services revolving fund
under section 607-1.5;
[(20)] Trauma system special fund under section
321-22.5;
[(21)] Hawaii cancer research special fund;
[(22)] Community health centers special fund;
[(23)] Emergency medical services special fund;
[(24)] Rental motor vehicle customer facility charge
special fund established under section 261-5.6;
[(25)] Shared services technology special fund under
section 27-43;
[(26)] Nursing facility sustainability program special
fund established pursuant to [[]section 346F-4[]];
[(27)] Automated victim information and notification
system special fund established under section 353-136;
[(28)] Hospital sustainability program special fund
under [[]section 346G-4[]]; and
[(29)] Civil monetary penalty special fund under
section 321-30.2[,]; and
(30) Intellectual and developmental disabilities
medicaid waiver administrative claiming special fund under section
333F- ,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 5. 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 2018-2019 for deposit into intellectual and
developmental disabilities medicaid waiver administrative claiming special
fund.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 6. There is appropriated out of the intellectual and developmental disabilities medicaid waiver administrative claiming special fund the sum of $__________ or so much thereof as may be necessary for fiscal year 2018-2019 to be used in support of individuals with intellectual and developmental disabilities.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION
8. This Act, upon its approval, shall
take effect on July 1, 2018.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Intellectual and Developmental Disabilities Medicaid Waiver Administrative Claiming Special Fund
Description:
Create the Intellectual and Developmental Disabilities Medicaid Waiver Administrative Claiming Special Fund into which federal moneys may be deposited from Department of Health participation in the waiver program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.