2013 Hawaii Revised Statutes
TITLE 19. HEALTH
333F. Services for Persons with Developmental Disabilities or Mental Retardation
333F-2 Developmental disabilities system.

§333F-2 Developmental disabilities system. (a) The department shall develop, lead, administer, coordinate, monitor, evaluate, and set direction for a comprehensive system of supports and services for persons with developmental or intellectual disabilities within the limits of state or federal resources allocated or available for the purposes of this chapter. The department shall administer or may provide available supports and services based on a client-centered plan, which resulted from client choices and decision-making that allowed and respected client self-determination.

The department's responsibility for persons with developmental or intellectual disabilities shall be under one administrative unit for the purpose of coordination, monitoring, evaluation, and delivery of services. Not later than June 30, 1999, all programs and services falling under this chapter shall be provided in the community, including services presently provided at Waimano training school and hospital. When the private sector does not provide or is not able to provide the services, the department shall provide the services. Clients at Waimano training school and hospital shall be placed into community-based programs provided appropriate support services are available.

The department shall convene a panel not later than August 1, 1995, to create a plan to provide services in the community and to ensure that the transition of Waimano training school and hospital residents to the community will be client-centered, taking into consideration the health, safety, and happiness of the residents and the concerns of their families. The panel shall consist of but not be limited to consumers, families, representatives from the private sector, employees and employee representatives, professionals, representatives of the University of Hawaii affiliate program, and representatives of the state council on developmental disabilities.

(b) The department shall ensure the provision of an array of individually appropriate services and care to persons with developmental or intellectual disabilities through the utilization of existing resources within the community, through coordination with supports and services provided under other federal, state, or county acts, and through specific funding when no other resources are available within the limits of state and federal resources allocated or available for the purpose of this chapter. The department shall not supplant or duplicate services provided under other federal, state, or county acts.

(c) Supports and services the department shall administer include, but shall not be limited to:

(1) Early identification and evaluation of persons with developmental or intellectual disabilities;

(2) Development, planning, and implementation in coordination with other federal, state, and county agencies, of service programs for persons with developmental or intellectual disabilities;

(3) Development and provision of service programs in the public or private sectors through chapter 42F or chapter 103F, for persons with developmental or intellectual disabilities;

(4) Establishment of a continuum of comprehensive services and residential alternatives in the community to allow persons with developmental or intellectual disabilities to live in the least restrictive, individually appropriate environment;

(5) Development and implementation of a program for single-entry access by persons with developmental or intellectual disabilities to services provided under this chapter as well as referral to, and coordination with, services provided in the private sector or under other federal, state, or county acts, and the development of an individualized service plan by an interdisciplinary team;

(6) Collaborative and cooperative services with public health and other groups for programs to prevent developmental or intellectual disabilities;

(7) Informational and educational services to the general public and to lay and professional groups;

(8) Consultative services to the judicial branch of government, educational institutions, and health and welfare agencies whether the agencies are public or private;

(9) Provision of community residential alternatives for persons with developmental or intellectual disabilities, including group homes and homes meeting ICF/ID standards;

(10) Provision of care at the skilled nursing level or in a skilled nursing facility, as individually appropriate;

(11) Provision of other programs, services, or facilities necessary to provide a continuum of care for persons with developmental or intellectual disabilities;

(12) Provision of case management services independent of the direct service provider; and

(13) Development and maintenance of respite services in the community for persons with developmental or intellectual disabilities.

(d) Provisions for supports and services shall be limited to the amount of resources allocated or available for the purposes of this chapter.

(e) The department shall maximize its funds for community services using such funds as state matching funds for Title XIX programs, other governmental finance participation programs, and private finance programs as necessary and when possible. Only those individuals eligible for community services but not eligible for medicaid waiver services or other federally reimbursed programs or for whom such services are not appropriate or not available based on their individual service plan shall receive services and supports with one hundred per cent state funds. [L 1987, c 341, pt of §2; am L 1990, c 178, §§2, 6; am L 1991, c 335, §9; am L 1995, c 189, §§4, 22; am L 1997, c 190, §6; am L 1998, c 133, §2; am L 2001, c 175, §6; am L 2006, c 303, §§1, 4; am L 2007, c 40, §4; am L 2011, c 220, §§13, 14.]

Cross References

Early intervention services for infants and toddlers, see §§321-351 to 357.

ICF/ID, see §46-4.