Bill Text: HI SB2798 | 2018 | Regular Session | Amended
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-Amended.html
THE SENATE |
S.B. NO. |
2798 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
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 understanding 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 in which to deposit, and from which to draw, 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 that is necessary 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 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, monitoring providers, 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.
Therefore,
the purpose of this Act is to create a special fund for administering the
section 1915(c) home and community-based services for people with intellectual
and developmental disabilities waiver.
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, to be administered by the department,
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 participants' 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 to be deposited into the
intellectual and developmental disabilities medicaid waiver administrative
claiming special fund.
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 shall take effect on July 1, 2050.
Report Title:
DOH; Intellectual and Developmental Disabilities Medicaid Waiver Administrative Claiming Special Fund; Appropriation
Description:
Creates the intellectual and developmental disabilities medicaid waiver administrative claiming special fund into which federal moneys may be deposited from the Department of Health's participation in the waiver program. Appropriates funds to support individuals with intellectual and developmental disabilities. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.