Bill Text: HI SB3113 | 2022 | Regular Session | Amended
Bill Title: Relating To Kupuna Care Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-27 - Act 160, on 06/27/2022 (Gov. Msg. No. 1261). [SB3113 Detail]
Download: Hawaii-2022-SB3113-Amended.html
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THE SENATE |
S.B. NO. |
3113 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KUPUNA CARE PROGRAM.
BE IT ENACTED
BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to improve government efficiency by amending part
II of chapter 349, Hawaii Revised Statutes, entitled kupuna care and caregiver
support services, to incorporate the kupuna caregivers program
into the kupuna care program.
SECTION 2.
Section 349-16, Hawaii Revised Statutes, is amended
as follows:
1. By adding four new definitions to be appropriately
inserted and to read:
""Caregiver"
means a spouse, adult child, other relative, partner, or friend who has a personal
relationship with and provides a broad range of unpaid assistance for an older adult
having a chronic or disabling condition.
"Caregiver support services" means services that offer education, skills, knowledge, or mental,
emotional, or social support to employed caregivers.
"Employed caregiver" means an individual who:
(1) Provides
care for a care recipient; and
(2) Is
employed at least twenty hours per week by one or more employers or is self-employed.
"Financial management service provider" means an agency
under contract with the executive office on aging to act as the fiscal and employer
agent on behalf of a care recipient to manage employer-related functions, process payment
to employees and vendors, and monitor the care recipient's allocation of funds."
2. By amending the definitions of "aging and
disability resource centers" and "attendant care" to read:
""Aging and disability
resource centers" means an entity established by the State as part of the state
system of long-term care, serving as a highly visible and trusted source where people
of all incomes and ages can [get] obtain information on the full range
of long-term support options, and as a single point of entry for access to
public long-term support programs and benefits.
"Attendant care"
means standby assistance, supervision, or cues, including verbal prompts for medication,
bathing, eating, grooming, and dressing, and may also include other activities
to help maintain the independence of an individual at home. "Attendant care" does not include physical
contact in support, including [but not limited to] weight-bearing assistance
with transfers, washing, bathing, and dressing."
3. By amending the definitions of "care recipient"
and "case management" to read:
""Care recipient" means an individual who:
(1) Is a citizen of the United States or a qualified alien; provided that for the purposes of this paragraph, "qualified alien" means a lawfully admitted permanent resident under the Immigration and Nationality Act;
(2) Is sixty years of age or older;
(3) Is not covered by any comparable government or private home- and community-based care service, except or excluding kupuna care services;
(4) Does not reside in a
long-term care facility, such as an intermediate care facility, assisted living
facility, skilled nursing facility, hospital, adult foster [family]
home, community care foster family home, adult residential care home, [or]
expanded adult residential care home[;], or developmental disabilities
domiciliary home; and
(5) Has impairments of at least:
(A) Two activities of daily living;
(B) Two instrumental activities of daily living;
(C) One activity of daily living and one instrumental activity of daily living; or
(D) Substantive cognitive impairment requiring substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another person.
"Case management"
means assistance either in the form of access or care coordination in circumstances
where an individual is experiencing diminished functioning capacities, personal
conditions, or other characteristics that require the provision of services by formal
service providers, caregivers, or [family] employed caregivers. Activities of case management may include assessing
needs, developing care plans, authorizing and coordinating services among providers,
and providing follow-up and reassessment, as required."
4. By amending the definition of "homemaker services"
to read:
""Homemaker [services]" means a person
who provides assistance with preparing meals, shopping for personal items, managing money, using the telephone,
or performing light housework."
5. By amending the definitions of "kupuna care
core services", "person-centered planning", and "person-centered
support plan" or "support plan" to read:
""Kupuna care [core]
services" means [services consisting of]:
(1) Services for the employed caregiver, including:
(A) Adult day care;
(B) Respite care; and
(C) Caregiver support services;
(2) Services
for the care recipient, including:
(A) Attendant care;
[(3)] (B) Case management;
(C) Care coordination;
[(4)] (D) Chores;
[(5)] (E) Homemaker [services];
[(6)] (F) Home-delivered meals;
[(7)] (G) Personal care;
[(8)] (H) Transportation; or
[(9)] (I) Assisted transportation.
"Person-centered planning"
means a process, [directed by the care recipient,] intended to identify the
strengths, capacities, preferences, needs, and desired outcomes of the care recipient[.],
caregiver, or employed caregiver.
"Person-centered support
plan" or "support plan" means a plan developed by a care recipient
[with the assistance of a coach], caregiver, or employed caregiver
that allows the care recipient, caregiver, or employed caregiver 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."
6. By amending the definition of "respite care"
to read:
""Respite care"
means services that offer temporary, substitute supports, or living arrangements
for care recipients to provide a brief period of rest to [qualified] employed caregivers. "Respite
care" includes:
(1) In-home
respite (personal care, homemaker [services], 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 employed
caregiver; and
(4) Any combination of services
to assist the employed caregiver as deemed appropriate by the area agency
on aging."
7. By deleting the definition of "coach".
[""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."]
8. By deleting the definition of "family caregivers".
[""Family caregivers"
means a spouse, adult child, other relative, partner, or friend who has a personal
relationship with, and provides a broad range of unpaid assistance for an older
adult with a chronic or disabling condition."]
9. By deleting the definition of "qualified caregiver".
[""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."]
SECTION 3.
Section 349-17, Hawaii Revised Statutes, is amended
to read as follows:
"§349-17 Kupuna care program. (a) The
executive office on aging may establish the kupuna care program. The program shall provide an array of long-term services and supports to address the needs of Hawaii's
older adults [and their desire to remain in
their own homes and communities as they age.]
to age in place and avoid institutionalization and to provide support
services to caregivers or employed caregivers in their efforts to assist older adults
to continue residing in their homes.
(b) The program shall be coordinated and administered
by the executive office on aging and implemented through the area agencies on aging.
(c)
To qualify for the kupuna care program, an individual shall be a care recipient,
caregiver, or employed caregiver as defined in section 349-16.
(d)
An area agency on aging, through the aging and disability resource center
or any other entity designated by the executive office on aging, shall determine
eligibility for the program, which may include the following:
(1) An
intake process to preliminarily determine eligibility for publicly funded services
and supports, including kupuna care services;
(2) A
comprehensive in-home assessment of the care recipient or a caregiver assessment,
if necessary; and
(3) A written, individualized, person-centered support
plan that identifies all services and supports needed or currently used to meet
the needs of the care recipient, caregiver, or employed caregiver, including those
provided by other programs such as medicaid
or privately paid programs.
(e) An area agency on aging shall use the assessment
data and individual's support plan to confirm kupuna care program eligibility before
authorizing and coordinating services and supports. An area agency on aging shall authorize and allot
kupuna care services and shall not delegate the service authorization function to
the agency's subcontractors.
[(e)] (f) The kupuna care program
shall be delivered through two distinct service options: traditional service delivery or participant-directed
services and support, based on an [individual] individualized, person-centered
support plan for each eligible care recipient[;], caregiver, or employed
caregiver; provided that:
(1) Traditional
service delivery shall be by 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 who shall deliver to each care recipient one or more kupuna care core services
to address the care recipient's specific needs that have been identified in the
care recipient's person-centered support plan; and] that provides services
to care recipients, caregivers, and employed caregivers under a formal contractual
arrangement with the executive office on aging or applicable area agency on aging;
and
(2) Participant-directed
services and support shall address the care recipient's assessed needs [that
have been identified through the person-centered planning process and documented
in the support plan. Participant-directed
services and support shall consist of long-term services and supports that a care
recipient uses to maintain independence in the community, in which the care recipient
determines what mix of services and support will address the care recipient's needs.]
through person-centered planning. The care recipient shall have decision-making
authority over [the care recipient's budgeted dollar amount] their own
budget to purchase and manage [the] their needed services and
supports based upon [the care recipient's] their person-centered support
plan. [Participant-directed services and
support shall provide the care recipient with a coach to assist the care recipient
with using the services and support in a manner that best supports the care recipient's
ability to maintain independence and enable a quality living experience in the community.
(d) To qualify for the kupuna care program, an individual
shall be a care recipient as defined in section 349-16.
(e) An area agency on aging, through the aging and
disability resource center or other entity designated by the executive office on
aging, shall conduct an intake and assessment of individuals seeking long-term
services and supports to determine eligibility for the program. The intake and assessment shall include the following:
(1) A
statewide uniform intake process developed with and adopted by the executive office
on aging to preliminarily determine eligibility for publicly funded services and
supports, including kupuna care services; and
(2) An
assessment of the eligible care recipient utilizing a statewide, uniform comprehensive
in-home assessment, if necessary. Upon completion
of the in-home assessment, the care recipient develops a written individualized
person-centered support plan with:
(A) The assistance of a coach in the preparation
of the support plan; and
(B) Participation
from family, friends, and others, if the care recipient desires such additional
assistance.
The support plan identifies all the
services and supports needed or currently used to meet the care recipient's needs,
both formal and informal, including those provided by other programs such as medicaid or private paid programs. The plan shall be reviewed with the care recipient
to confirm that it is the plan the care recipient desires.
(f) An area agency on aging shall use the assessment
data and individual's support plan to confirm kupuna care program eligibility, then
authorize and coordinate services and supports.
An area agency on aging shall directly authorize and allot kupuna care services,
and shall not delegate the service authorization function to its subcontractors.]
(g) An individual shall be determined to be ineligible
for kupuna care services when:
(1) [An] The
individual does not meet the eligibility requirements specified;
(2) [An
individual] The individual's need is not substantiated through an in-home
assessment;
(3) [An] The individual leaves the State
or the individual's whereabouts are unknown; or
(4) [An] The individual refuses services.
(h) An area agency on aging shall provide an individual
with written notice of the disposition of [the request] ineligibility
for kupuna care services.
(i) An individual who has been determined ineligible
for kupuna care services shall have the opportunity to appeal the decision to the
[director of the executive office on aging within ninety days after the date
of notice of the area agency on aging's written disposition. The director of the executive office on aging's
decision on the appeal shall be issued in writing and shall be final.] applicable
area agency on aging.
(j) Prior to termination
of kupuna care services, service providers shall notify the [appropriate contracting]
applicable area agency on aging of the date and reason for termination. Termination of kupuna care services may occur
if the care recipient[:], caregiver, or employed caregiver:
(1) Moves and the provider is unable
to locate the care recipient[;], caregiver, or employed caregiver;
(2) Is
transferred to another area agency on aging;
(3) Dies;
(4) No
longer needs
or wants kupuna care services and supports, or no longer needs or wants a particular
kupuna care service or support;
(5) Is
uncooperative with the service provider;
(6) Is
noncompliant with the basic requirements of the program;
(7) Engages in behavior that threatens
or demonstrates violence toward the service provider;
(8) Is
placed or resides in a long-term care facility, such as an intermediate care facility,
assisted living facility, skilled nursing facility, hospital, community care foster
[care] family home, adult foster [family] home, adult
residential care home, [or] expanded adult residential care home[;],
or developmental disabilities domiciliary home;
(9) Uses comparable services from
other programs; or
(10) Has a communicable disease that
threatens the safety and welfare of the service provider.
(k) All area agencies on aging shall record all consumer
data, assessments, and service delivery within a statewide consolidated database.
(l) The kupuna care program shall award an allocation
of funds to cover costs for services, subject to availability of funding; provided
that the allocated funds shall be issued directly to the service provider or financial
management service provider upon request and receipt of an invoice for services
rendered.
[(l)] (m) The director may adopt rules pursuant to chapter
91 necessary for the purposes of this section."
SECTION 4. Section 349-18, Hawaii Revised Statutes,
is repealed.
["§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 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;
(7) Personal
care;
(8) Respite
care; or
(9) Transportation;
provided that the allocated funds shall be issued directly to the service
provider upon request and receipt of an invoice for services rendered.
(d) The director may adopt rules pursuant to chapter
91 necessary for the purposes of this section."]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Executive Office on Aging; Kupuna Care; Kupuna Caregivers; Kupuna Care and Caregiver Support Services
Description:
Incorporates the kupuna caregivers program into the kupuna care program and adds services for care recipients, caregivers, and employed caregivers. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
