Bill Text: HI SR93 | 2021 | Regular Session | Amended
Bill Title: Requesting The Department Of Health Developmental Disabilities Division To Convene A Task Force To Determine The Feasibility Of Changing Its Eligibility Criteria For The Home And Community-based Services Medicaid Waiver For Individuals Having Intellectual Or Developmental Disabilities, Or Mental Illnesses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-21 - Certified copies of resolutions sent, 06-21-21. [SR93 Detail]
Download: Hawaii-2021-SR93-Amended.html
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THE SENATE |
S.R. NO. |
93 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE DEPARTMENT OF HEALTH DEVELOPMENTAL DISABILITIES DIVISION TO CONVENE A TASK FORCE TO DETERMINE THE FEASIBILITY OF CHANGING ITS ELIGIBILITY CRITERIA FOR THE HOME AND COMMUNITY-BASED SERVICES MEDICAID WAIVER FOR INDIVIDUALS HAVING INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, OR MENTAL ILLNESSES.
WHEREAS, Hawaii residents having intellectual and developmental disabilities who are eligible for services from the Department of Health Developmental Disabilities Division are eligible for Medicaid, and if they meet the level of care criteria, they may apply for the Medicaid Section 1915(c) Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabilities, otherwise known as the Medicaid I/DD Waiver; and
WHEREAS, the Med-QUEST Division of the Department of Human Services works in partnership with the Department of Health Developmental Disabilities Division and stakeholders to design an appropriate waiver that meets the needs of individuals who have intellectual and developmental disabilities; and
WHEREAS, both divisions ensure that the waiver is implemented in compliance with all waiver requirements, federal and state laws, and waiver standards; and
WHEREAS, pursuant to section 11-88.1-5(a), Hawaii Administrative Rules, to be considered as having an developmental disability, an individual must have, among other factors, a diagnosis that meets the definition of an eligible condition for a severe and chronic disability, including cerebral palsy; epilepsy; autism spectrum disorder; or a neurological condition, central nervous system disorder, or chromosomal disorder that results in impairment in both general intellectual functioning and adaptive behavior; and
WHEREAS, pursuant to section 11-88.1-5(a)(3), Hawaii Administrative Rules, an individual is ineligible for the Medicaid I/DD Waiver if the individual's impairments are primarily from dementia, mental illness, an emotional disorder, substance abuse, sensory impairment, a learning disability, attention deficit hyperactivity disorder, a spinal cord injury, or a neuromuscular disorder; and
WHEREAS, section 11-88.1-5(a)(3), Hawaii Administrative Rules, unfairly excludes from eligibility from services a number of individuals who would otherwise be eligible based on their developmental disabilities; and
WHEREAS, the Department of Health may amend or repeal administrative rules under its purview, unless otherwise prohibited by federal or state laws or agreements with federal authorities; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that the Department of Health Developmental Disabilities Division is requested convene a task force to determine the feasibility of changing its eligibility criteria for the Home and Community-Based Services Medicaid Waiver for Individuals with Developmental Disabilities; and
BE IT FURTHER RESOLVED that the task force membership is requested to include the following members:
(1) The Director of Health, or the Director's designee, who is requested to serve as chairperson of the task force;
(2) The Director of Human Services, or the Director's designee;
(3) The Attorney General, or the Attorney General's designee; and
(4) Any other members that the Director of Health chooses to designate; and
BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health, Administrator of the Division of Developmental Disabilities, Director of Human Services, and Attorney General.
DOH; Health; Developmental Disabilities; Medicaid; Waiver; Rules
