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2021 Hawaii Revised Statutes
Title 20. Social Services
346. Department of Human Services
PART I. GENERAL AND ADMINISTRATIVE PROVISIONS
AND CHILD WELFARE SERVICES
TO HOUSEHOLDS WITHOUT MINOR DEPENDENTS
GROUP RESIDENCES--REPEALED PART VII. RESIDENT ALIEN AND NATURALIZED CITIZEN PROGRAM
Care Center Licensure
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES--REPEALED PART XV. State pharmacy assistance program--REPEALED Part XVI. MEDICAID PREAUTHORIZATION EXEMPTION
- 346-1 Definitions.
- 346-1.7 REPEALED.
- 346-2 Appointment of personnel.
- 346-2.5 Criminal history record checks.
- 346-3 Compensation of employees.
- 346-4 REPEALED.
- 346-4.5 Investigators; authority and access to records.
- 346-5 Reports.
- 346-6 Appropriations; expenditures; donations.
- 346-7 Acceptance of grants-in-aid or outright grants.
- 346-7.5 Spouse and child abuse special fund.
- 346-8 Additional funds.
- 346-9 Workshop program.
- 346-10 Protection of records; divulging confidential information prohibited.
- 346-11 Unauthorized disclosure or inspection.
- 346-12 Hearing.
- 346-13 Attendance and testimony of witnesses.
- 346-14 Duties generally.
- 346-14.3 Guiding principles to be used by state agencies when dealing with children of incarcerated parents.
- 346-14.5 Financial assistance advisory council; established.
- 346-15 Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies.
- 346-16 Definitions.
- 346-17 Child placing organizations, child caring institutions, and resource family homes; authority over, investigation of, and standards for.
- 346-17.2 Health assessment.
- 346-17.3 Motor vehicle insurance. The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to be financially unable to pay the costs, in which case the child's insurance costs shall be paid pursuant to sections 431:10C-407 and 431:10C-410. [L 2010, c 135, pt of §2]
- 346-17.4 Higher education stipends for students
- 346-17.5 Federal aid to children in foster care.
- 346-17.6 Consent to no cost emergency shelter and related services.
- 346-18 to 346-19.5 REPEALED.
- 346-19.6 REPEALED.
- 346-19.7 Prospective adoptive parents; standards and home studies.
- 346-19.8 Department standards and requirements; disability.
- 346-20 to 346-25 REPEALED.
- 346-26 Prevention and treatment of conditions giving rise to need.
- 346-27 REPEALED.
- 346-28 REPEALED.
- 346-28.5 Family self-sufficiency escrow accounts; asset test exemption.
- 346-29 Applications for public assistance; manner, form, conditions.
- 346-29.3 Medical assistance application information; annual report; public disclosure. (a) Each applicant for medical assistance under any program administered by the department shall identify the employer of the proposed beneficiary of medical assistance. If the proposed beneficiary is unemployed, the applicant for medical assistance shall identify the employer of any adult who is responsible for providing all or some of the proposed beneficiary's support. For the purposes of this section, "proposed beneficiary" means any person who files an application for health care benefits or hospital care for the person, or any other individual on whose behalf an application is filed, including children or other dependents of the applicant. (b) Before October 1 of each year, the department shall submit to the legislature a written annual report identifying all employers identified pursuant to subsection (a) who employ twenty-five or more beneficiaries of medical assistance programs administered by the department. In determining whether the twenty-five-employee threshold is met, the department shall include all beneficiaries employed by the employer and its subsidiaries at all locations within the State. In the event the department requires assistance to ascertain information, such as an employer's subsidiaries or location, the department shall consult with the department of commerce and consumer affairs. The report shall include: (1) Each employer's name and names of subsidiaries, if appropriate, that employ beneficiaries of department medical assistance programs; (2) The location of the employer; (3) For each department medical assistance program, the total number of the employer's employees and dependents who are enrolled in the program; and (4) The total cost to the State per year of providing medical assistance benefits for the employees and enrolled dependents of each identified employer. The report shall not include the name of any individual medical assistance program beneficiary and shall be subject to applicable
- 346-29.5 Real property liens.
- 346-30 Relief limited.
- 346-31 Assignment of persons in need of public assistance to work on public projects.
- 346-32 Application of chapter 386 to persons in need of public assistance assigned to work projects.
- 346-33 Assistance payments inalienable.
- 346-34 Frauds, penalties.
- 346-35 Cancellation or revision.
- 346-36 Assistance payments, subject to change or repeal.
- 346-37 Recovery of payments and costs of medical assistance.
- 346-37.1 Payment of public assistance for child requires payment of child support to department by natural or adoptive parents.
- 346-37.2 Department subrogated to rights.
- 346-37.3 Notice of child support debt.
- 346-37.4 to 346-37.6 REPEALED.
- 346-38 Incompetency of recipient.
- 346-39 Legal representative.
- 346-39.5 Unclaimed financial assistance balances in electronic benefit transfer accounts.
- 346-40 Maintenance and availability of records; penalty.
- 346-41 Inspection of institutional facilities.
- 346-41.5 Hawaii qualified health centers.
- 346-42 Administrative inspections and warrants.
- 346-43 Penalties under other laws.
- 346-43.5 Medical assistance fraud; penalties.
- 346-44 Recovery of public assistance overpayments.
- 346-45 Confidentiality of court records.
- 346-46 Certified nurse aides; training programs and recertification.
- 346-47 REPEALED.
- 346-48 Coverage of ground ambulance services.
AND CHILD WELFARE SERVICES
- 346-51 to 346-62 OLD REPEALED. §346-51 Public assistance and child welfare services administered by department.
- 346-51.5 Expenditure of temporary assistance for needy families funds.
- 346-52 Aged, blind, and permanently and totally disabled persons; eligibility for assistance.
- 346-53 Determination of amount of assistance.
- 346-53.2 Temporary assistance for needy families; funding and programs; public comment.
- 346-53.3 Temporary assistance for needy families and food stamps for individuals with a felony conviction which has as an element the possession, use, or distribution of a controlled substance.
- 346-53.4 Reimbursement to expanded adult residential care home operators.
- 346-53.5 REPEALED. L 1993, c 148, §2.
- 346-53.6 Federally qualified health centers; rural health clinics; reimbursement.
- 346-53.8 Kahuku medical center.
- 346-53.61 Centers for Medicare and Medicaid Services approval.
- 346-53.62 Federally qualified health centers and rural health clinics; reconciliation of managed care supplemental payments.
- 346-53.63 Federally qualified health center or rural health clinic; adjustment for changes to scope of services.
- 346-53.64 Federally qualified health center or rural health clinic visit. (a) Services eligible for prospective payment system reimbursement are those services that are furnished by a federally qualified health center or rural health clinic that are: (1) Within the legal authority of a federally qualified health center to deliver, as defined in section 1905 of the Social Security Act; (2) Actually provided by the federally qualified health center, either directly or under arrangements; (3) Covered benefits under the medicaid program, as defined in section 4231 of the State Medicaid Manual and the Hawaii medicaid state plan; (4) Provided to a recipient eligible for medicaid benefits; (5) Delivered exclusively by health care professionals, including physicians, physician's assistants, nurse practitioners, nurse midwives, clinical social workers, clinical psychologists, and other persons acting within the lawful scope of their license or certificate to provide services; (6) Provided at the federally qualified health center's practice site, a hospital emergency room, in an inpatient setting, at the patient's place of residence, including long term care facilities, or at another medical facility; and (7) Within the scope of services provided by the State under its fee-for-service medicaid program and its medicaid managed care program, on and after August 1994, and as amended from time to time. (b) Contacts with one or more health professionals and multiple contacts with the same health professional that take place on the same day and at a single location constitute a single encounter, except when one of the following conditions exists: (1) After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or (2) The patient makes one or more visits for other services such as dental or behavioral health. Medicaid may pay for a maximum of one visit per day for each of these services in addition to one medical visit. (c) A federally qualified health center or rural health clinic that prov
- 346-53.65 Appeal.
- 346-54 Report to the legislature.
- 346-55 REPEALED.
- 346-55.1 Visitation, custody, and support when public assistance paid.
- 346-55.5 REPEALED.
- 346-56 State reimbursement.
- 346-57 Loans to applicants for federal supplemental security income.
- 346-57.5 Interim assistance reimbursement special fund.
- 346-58 REPEALED.
- 346-59 Medical care payments.
- 346-59.1 Coverage for telehealth. (a) The State's medicaid managed care and fee-for-service programs shall not deny coverage for any service provided through telehealth that would be covered if the service were provided through in-person consultation between a patient and a health care provider. (b) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary. (c) There shall be no geographic restrictions or requirements for telehealth coverage or reimbursement under this section. (d) There shall be no restrictions on originating site requirements for telehealth coverage or reimbursement under this section. (e) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws. (f) Notwithstanding any other law to the contrary, the provisions of this section shall comply with the applicable federal requirements related to utilization, coverage, and reimbursement for telehealth services. (g) For the purposes of this section: "Distant site" means the location of the health care provider delivering services through telehealth at the time the services are provided. "Health care provider" means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteop
- 346-59.2 Comprehensive breast and cervical cancer control program.
- 346-59.4 Medical assistance to other children.
- 346-59.5 Enforcement of contracts.
- 346-59.6 Medicaid overpayment recovery.
- 346-59.7 Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon.
- 346-59.8 REPEALED.
- 346-59.9 Psychotropic medication.
- 346-60 Group therapy; reimbursement for services.
- 346-61 Optometric services, choice.
- 346-62 Examination of blind.
- 346-63 Social services.
- 346-64 REPEALED.
- 346-64.5 Eligibility for chore services. (a) An applicant for chore services shall be eligible when the applicant meets program requirements for chore services and income eligibility standards as established by the department of human services. Income eligibility standards shall include individuals who have been found eligible for medical assistance under the department's medicaid program. (b) For the purposes of this section, "chore services" means essential housecleaning and related activities such as marketing, cooking, and cleaning. [L 1988, c 208, §1] Cross References Medicaid home and community-based waiver programs, see chapter 346D.
- 346-65 Child abuse and neglect discretionary emergency assistance.
- 346-66 Psychological services.
- 346-67 Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.
- 346-68 Bridge to hope program; transitional benefits.
- 346-69 Welfare safety net program; department of human services.
- 346-70 Medical assistance for other pregnant women.
TO HOUSEHOLDS WITHOUT MINOR DEPENDENTS
- 346-71 General assistance to households without minor dependents.
- 346-72 Applications.
- 346-73 REPEALED.
- 346-74 Representative payee.
- 346-75 REPEALED.
- 346-101 Findings and purpose.
- 346-102 Public service employment; established.
- 346-103 Wages or salaries of public service employment.
- 346-104 Refusal to work; ineligibility for public assistance.
GROUP RESIDENCES--REPEALED PART VII. RESIDENT ALIEN AND NATURALIZED CITIZEN PROGRAM
- 346-141 Purpose.
- 346-142 Definitions.
- 346-143 Administration.
- 346-144 Application; approval; statement; return.
- 346-145 Transportation assistance.
- 346-146 Penalty.
- 346-151 Definitions.
- 346-152 Exclusions; exemptions.
- 346-152.3 Investigations.
- 346-152.5 Requirements for persons exempt pursuant to section 346-152.
- 346-152.7 Safe sleep policy.
- 346-153 Records of deficiencies and complaints; release to public
- 346-154 Background checks.
- 346-155 Rules.
- 346-156 Penalty; remedies.
- 346-157 Liability insurance coverage; requirement.
- 346-158 No smoking in child care facilities.
- 346-159 REPEALED.
Care Center Licensure
- 346-161 License for group child care home, group child care center required.
- 346-162 Rules; minimum standards.
- 346-163 Licenses and temporary permits
- 346-164 Suspension and revocation of licenses and permits; reissuance.
- 346-165 Visitation and inspection of group child care home, group child care center.
- 346-166 Records.
- 346-171 Registration for family child care home required.
- 346-172 Rules for registration.
- 346-173 Procedure for registration.
- 346-174 Informing parent and legal guardian of children and general public.
- 346-175 Visitation and inspection of family child care home; revocation of registration.
- 346-176 Family child care system.
- 346-177 Program of incentive for registration.
- 346-181 Preschool open doors program.
- 346-182 Preschool open doors special fund.
- 346-183 Preschool grant program special fund; established.
- 346-184 Preschool open doors program; provider accreditation.
- 346-185 Preschool open doors; procurement exemption.
- 346-186 Prior early learning program information.
- 346-221 Purpose; construction.
- 346-222 Definitions.
- 346-223 Jurisdiction; venue.
- 346-224 Reports.
- 346-225 Confidentiality of reports.
- 346-226 Access to records.
- 346-227 Investigation.
- 346-228 Action upon investigation.
- 346-229 Right of entry.
- 346-230 Termination of services.
- 346-231 Order for immediate protection.
- 346-232 Order to show cause hearing.
- 346-233 Petition.
- 346-234 Guardian ad litem; counsel.
- 346-235 Consolidation with guardianship proceedings.
- 346-236 Permanent changes.
- 346-237 Notice of proceedings.
- 346-238 Service.
- 346-239 Required findings concerning postponed hearings.
- 346-240 Adjudicatory hearing.
- 346-241 Disposition.
- 346-242 Review hearings.
- 346-243 Appeal.
- 346-244 Admissibility of evidence.
- 346-245 Hearings.
- 346-246 Failure to comply with court orders.
- 346-247 Payment for service or treatment provided to a party.
- 346-248 Fiscal and service responsibility.
- 346-249 Cooperation.
- 346-250 Immunity from liability.
- 346-251 Presumption of capacity.
- 346-252 Advanced age.
- 346-253 Rules.
- 346-301 Adoption assistance program established.
- 346-302 Equal benefits.
- 346-303 Rules.
- 346-304 Eligibility.
- 346-305 Effect on prior adoption assistance agreements.
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES--REPEALED PART XV. State pharmacy assistance program--REPEALED Part XVI. MEDICAID PREAUTHORIZATION EXEMPTION
- 346-351 Findings.
- 346-352 Preauthorization exemption for certain physicians and physician assistants
- 346-361 Definitions.
- 346-362 Duties.
- 346-363 Exception to liability for donors.
- 346-364 Contract or conveyance to the department.
- 346-365 Program administration.
- 346-366 Time limits.
- 346-367 Determination of eligibility and need.
- 346-368 Abuse of assistance.
- 346-369 Exemptions.
- 346-370 Emergency or transitional shelter volunteers.
- 346-371 Annual financial audit.
- 346-372 Provider agency and donor cooperation are not in restraint of trade.
- 346-373 Construction of part.
- 346-374 Homeless shelter stipends.
- 346-374.5 Emergency shelter; minimum requirements.
- 346-375 Temporary emergency shelter.
- 346-376 Additional powers.
- 346-377 REPEALED.
- 346-378 Housing first programs.
- 346-381 Hawaii interagency council on homelessness; establishment.
- 346-381.5 Governor's coordinator on homelessness.
- 346-382 Membership.
- 346-383 Meetings; quorum.
- 346-391 Purpose.
- 346-392 Definitions.
- 346-393 Rights of the young adult.
- 346-394 Jurisdiction.
- 346-395 Eligibility.
- 346-396 Voluntary care agreement.
- 346-397 Provision of extended foster care services.
- 346-398 Petition; venue.
- 346-399 Notice of hearings and reviews.
- 346-400 Case plan; reports to be submitted by the department.
- 346-401 Court proceedings.
- 346-402 Court-appointed attorneys.
- 346-403 Periodic review.
- 346-404 Termination of jurisdiction.
- 346-405 Reestablishing jurisdiction.
- 346-406 Liability of the department.
- 346-407 REPEALED.
Note
Chapter heading amended by L 1987, c 339, 4.
L Sp 2005, c 4, 3 provides:
"SECTION 3. The department of human services shall not take any action to remove pharmaceutical benefits management from managed care plans that provide health care coverage for Hawaii medicaid beneficiaries."
L 2008, c 241, 2 provides:
"SECTION 2. The department of human services shall apply to the federal Centers for Medicare and Medicaid Services to allow persons who are eligible to receive medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care; provided that the cost for the home- and community-based services shall not exceed the total expenditures that would have been incurred if the person received facility-based long-term care, services, or support."
Contracts that take effect after June 30, 2018, between the department of human services and a provider agency for the operation or management of an emergency or transitional shelter to comply with L 2016, c 234. L 2016, c 234, 6; L 2017, c 100, 3.
Earned income disregard program; medicaid eligibility; reports to 2020-2022 legislature. L 2019, c 155, 3.
Emergency department homelessness assessment pilot program; reports to 2020-2021 legislature (ceases to exist on June 30, 2021). L 2018, c 209, 7; L 2019, c 128, 1(3); L 2020, c 69, 2.
Equitable referral system for discharge of medicaid patients from hospitals, nursing homes, and long-term care facilities. L 2012, c 211, 7.
Homeless assistance working group; interim report to legislature (dissolved June 30, 2016). L 2013, c 222, 15 to 17; L 2014, c 134, 7.
"Hospital sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 217; L 2013, c 141; L 2014, c 123; L 2015, c 70", as shown in the main volume, deleted.
Medical respite pilot program; reports to 2020-2021 legislature (ceases to exist on June 30, 2021). L 2018, c 209, 9; L 2019, c 128, 1(4); L 2020, c 69, 3.
"Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 156; L 2013, c 142; L 2014, c 124; L 2015, c 69", as shown in the main volume, deleted.
Return-to-home pilot program for eligible homeless individuals (terminated December 31, 2016). L 2013, c 222, 12 to 14.
State's program integrity compliance with the federal Patient Protection and Affordable Care Act of 2010 with respect to medicaid program integrity within certain programs; reports to 2015-2017 legislature. L 2013, c 240.
Training program on government procurement for nonprofit organizations that offer homeless outreach services or manage homeless housing programs in rural areas of the State. L 2019, c 162, 2.
Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved June 30, 2017). L 2015, c 243.
Cross References
Commission on fatherhood, see chapter 577E.
Early intervention services for infants and toddlers, see 321-351 to 321-357.
Hawaii children's trust fund, see chapter 350B.
Hawaii health insurance exchange, see chapter 435H.
Hospital sustainability program, see chapter 346G.
Medicaid contracts; nonprofit and for-profit reporting requirements, see 103F-107.
Medicaid-related mandates, see chapter 431L.
Nursing facility sustainability program, see chapter 346F.
Primary health care incentive program, see 321-1.5.
Safe place for newborns, see chapter 587D.
Sex offender treatment program, see chapter 353E.
State health insurance program, see chapter 431N.
Transfer of head start collaboration office, see 302L-1.5(e).
Law Journals and Reviews
State-Created Immigration Climates and Domestic Migration. 38 UH L. Rev. 181 (2016).
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