2020 Hawaii Revised Statutes
Title 20. Social Services
349. Executive Office on Aging
349-17 Kupuna care program.

§349-17 Kupuna care program. (a) The executive office on aging may establish the kupuna care program. The program shall provide 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.

(b) The program shall be coordinated and administered by the executive office on aging and implemented through the area agencies on aging.

(c) 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 support plan for each eligible care recipient; provided that:

(1) Traditional service delivery shall be 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

(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. The care recipient shall have decision-making authority over the care recipient's budgeted dollar amount to purchase and manage the needed services and supports based upon the care recipient's 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 individual does not meet the eligibility requirements specified;

(2) An individual need is not substantiated through an in-home assessment;

(3) An individual leaves the State or the individual's whereabouts are unknown; or

(4) An individual refuses services.

(h) An area agency on aging shall provide an individual with written notice of the disposition of the request 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.

(j) Prior to termination of kupuna care services, service providers shall notify the appropriate contracting area agency on aging of the date and reason for termination. Termination of kupuna care services may occur if the care recipient:

(1) Moves and the provider is unable to locate the care recipient;

(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 home, foster family home, adult residential care home, or expanded adult residential care 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 director may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2012, c 238, §2; §349-3.1; ren and am L 2017, c 102, §4]