2012 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
349. Executive Office on Aging
349-31 Definitions.

§349-31 Definitions. As used in this part, unless the context otherwise requires:

"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 obtain information on the full range of long-term support options and a single point of entry for access to public long-term support programs and benefits.

"Area agency on aging" means the agency in each county designated by the executive office on aging, under section 305(a)(2)(A) of the Older Americans Act, P.L. 89-73, as amended, to facilitate the area-wide development and implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers.

"Dementia" means a group of symptoms affecting intellectual and social abilities severely enough to interfere with daily functioning.

"Developmental disability" means a severe, chronic disability of an individual that:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the individual attains age twenty-two;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity:

(A) Self-care;

(B) Receptive and expressive language;

(C) Learning;

(D) Mobility;

(E) Self-direction;

(F) Capacity for independent living; or

(G) Economic self-sufficiency; and

(5) Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in paragraphs (1) through (5) of this definition if the individual, without services and supports, has a high probability of meeting three or more of those criteria later in life.

"Family 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 with a chronic or disabling condition.

"Informal caregiver" means a person who provides care for an older person or person with a disability who needs long-term supports and services, but does not receive compensation.

"Intellectual disability" means a person's attributes or characteristics that demonstrate a limitation in intellectual functioning and adaptive behavior as expressed in conceptual, social, and practical skills, which are apparent prior to the age of eighteen. This definition shall be based on the following assumptions:

(1) Limitations in present functioning shall be considered within the context of community environments typical of the individual's age peers and culture;

(2) Validate assessment considers cultural and linguistic diversity as well as differences in communication, sensory, motor, and behavioral factors;

(3) Within the individual, limitations often coexist with strengths;

(4) An important purpose of describing limitations is to develop a profile of needed supports; and

(5) With appropriate personalized supports over a sustained period, the life functioning of the person with intellectual disability generally will improve.

"Long-term supports and services" means the broad range of assistance and care needed by older persons or persons with physical or mental disabilities who have lost or never acquired the ability to function independently.

"Options counseling" means an interactive decision-support process whereby consumers, family members, and significant others are supported in their deliberations to determine appropriate long-term care choices in the context of a consumer's needs, preferences, values, and individual circumstances.

"Physical disability" means the broad range of disabilities including orthopedic, neuromuscular, cardiovascular, and pulmonary disorders, which may be congenital or a result of aging or injury.

"Severe mental illness" means one of several diseases that affects the brain and significantly and functionally impairs an individual for an indefinite period of time. [L 2012, c 237, pt of §2]