2023 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 an array of long-term services and supports to address the needs of Hawaii's older adults to age in place and avoid institutionalization and to provide support services to caregivers or employed caregivers in their efforts to assist older adults to continue residing in their homes.

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

(c) To qualify for the kupuna care program, an individual shall be a care recipient, caregiver, or employed caregiver as defined in section 349-16.

(d) An area agency on aging, through the aging and disability resource center or any other entity designated by the executive office on aging, shall determine eligibility for the program, which may include the following:

(1) An intake process to preliminarily determine eligibility for publicly funded services and supports, including kupuna care services;

(2) A comprehensive in-home assessment of the care recipient or a caregiver assessment, if necessary; and

(3) A written, individualized, person-centered support plan that identifies all services and supports needed or currently used to meet the needs of the care recipient, caregiver, or employed caregiver, including those provided by other programs such as medicaid or privately paid programs.

(e) An area agency on aging shall use the assessment data and individual's support plan to confirm kupuna care program eligibility before authorizing and coordinating services and supports. An area agency on aging shall authorize and allot kupuna care services and shall not delegate the service authorization function to the agency's subcontractors.

(f) The kupuna care program shall be delivered through two distinct service options: traditional service delivery or participant-directed services and support, based on an individualized, person-centered support plan for each eligible care recipient, caregiver, or employed caregiver; provided that:

(1) Traditional service delivery shall be by a service provider that provides services to care recipients, caregivers, and employed caregivers under a formal contractual arrangement with the executive office on aging or applicable area agency on aging; and

(2) Participant-directed services and support shall address the care recipient's assessed needs through person-centered planning. The care recipient shall have decision-making authority over their own budget to purchase and manage their needed services and supports based upon their person-centered support plan.

(g) An individual shall be determined to be ineligible for kupuna care services when:

(1) The individual does not meet the eligibility requirements specified;

(2) The individual's need is not substantiated through an in-home assessment;

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

(4) The individual refuses services.

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

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

(1) Moves and the provider is unable to locate the care recipient, caregiver, or employed caregiver;

(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 family home, adult foster home, adult residential care home, expanded adult residential care home, or developmental disabilities domiciliary 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 kupuna care program shall award an allocation of funds to cover costs for services, subject to availability of funding; provided that the allocated funds shall be issued directly to the service provider or financial management service provider upon request and receipt of an invoice for services rendered.

(m) The executive office on aging shall develop an outreach plan to inform individuals of the kupuna care program and services of the program.

(n) The executive office on aging shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the kupuna care program. The report shall include, at minimum:

(1) The number of individuals who participate in the kupuna care program, including the types of programs in which they participate; and

(2) The number of individuals on a program waitlist, including the types of programs for which they are on a waitlist.

(o) 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; am L 2022, c 160, §3]