reglab/housing_qa huggingface dataset:
HI Rev Stat § 346-17.4 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-17.4 Higher education stipends for students

  §346-17.4 Higher education stipends for students. (a) An eligible former foster youth shall be eligible for a higher education stipend after reaching the age of majority, and the higher education stipend for that former foster youth shall be paid to an intermediary contracted by the department, to the former foster youth, or to the former foster youth's former resource caregivers, adoptive parents, or legal custodians, as appropriate; provided that:  (1) The former foster youth is twenty-six years old or younger;  (2) The former foster youth has submitted a completed application for a higher education stipend six months prior to the youth's twenty-seventh birthday; and  (3) The former foster youth is attending or has been accepted to attend an accredited institution of higher education.  (b) The higher education stipend may be issued and applied to costs incurred while the former foster youth is attending an accredited institution of higher education on a full-time basis or on a part-time basis, in accordance with rules adopted by the department.  (c) The duration of the total higher education stipend shall not exceed a cumulative total of sixty months.  (d) The amount of the higher education stipend shall be based on the financial support the department provides in accordance with rules adopted by the department.  (e) The department's standards relating to income resources of foster children shall be applicable to this section.  (f) Higher education stipends shall be provided subject to the availability of state and federal funds. [L 1989, c 394, §1; am L 1990, c 276, §1; am L 1999, c 124, §1; am L 2000, c 79, §1; am L 2001, c 80, §2; am L 2006, c 289, §3; am L 2008, c 198, §2; am L 2016, c 134, §2]
HI Rev Stat § 346-17.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-17.5 Federal aid to children in foster care.

  §346-17.5 Federal aid to children in foster care. (a) Beginning October 1, 1983, not more than forty per cent of the total number of children for whom maintenance is provided pursuant to part E of title IV of the Social Security Act may have been in foster care for more than twenty-four months.  (b) Commencing with the federal fiscal year beginning October 1, 1984, the department shall reduce by one per cent each fiscal year the total number of children for whom maintenance is so provided and who have been in foster care for more than twenty-four months. [L 1982, c 212, §1]
HI Rev Stat § 346-19.6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-19.6 REPEALED.

  §346-19.6 REPEALED. L 2003, c 95, §9(3).
HI Rev Stat § 346-19.8 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-19.8 Department standards and requirements; disability.

  §346-19.8 Department standards and requirements; disability. The department shall not consider the disability of a person to be the sole factor in making a determination under section 346-17 or section 346-19.7. If the department makes a determination to deny the petition of a disabled person under section 346-17 or section 346-19.7, the department shall make specific written findings stating the basis for the determination. The party attempting to demonstrate that the disability impairs a person's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency. [L 2019, c 259, §2]
HI Rev Stat § 346-26 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-26 Prevention and treatment of conditions giving rise to need.

  §346-26 Prevention and treatment of conditions giving rise to need. The department of human services may carry on or administer or cooperate with other public or private agencies in work or activities for the purpose of preventing or treating conditions giving rise to the need for public assistance in any case in which such work or activities may prevent, shorten, or eliminate the need of public assistance. Such work or activities, if any, shall be taken into consideration in deciding upon or deferring action upon any application for public assistance. [L 1941, c 296, pt of §1; RL 1945, §4831; RL 1955, §108-12; HRS §346-26; am L 1970, c 105, §5; am L 1987, c 339, §4]
HI Rev Stat § 346-27 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-27 REPEALED.

  §346-27 REPEALED. L 1969, c 173, §1.
HI Rev Stat § 346-28 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-28 REPEALED.

  §346-28 REPEALED. L 1976, c 73, §1.
HI Rev Stat § 346-28.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-28.5 Family self-sufficiency escrow accounts; asset test exemption.

  §346-28.5 Family self-sufficiency escrow accounts; asset test exemption. Moneys within an escrow account established under the family self-sufficiency program of the United States Department of Housing and Urban Development shall be disregarded when determining eligibility for assistance or other benefits under this chapter. [L 2007, c 30, §2]
HI Rev Stat § 346-30 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-30 Relief limited.

  §346-30 Relief limited. During the continuance of public assistance under this chapter, no recipient shall receive any other public assistance from the State or any county, except for necessary medical, dental, and surgical care, or in such amounts as are necessary to supplement the public assistance granted pursuant to this chapter, where the amounts of such other public assistance from the State or any county have been taken into consideration in deciding upon any application for public assistance. [L 1941, c 296, pt of §1; RL 1945, §4835; RL 1955, §108-16; HRS §346-30]
HI Rev Stat § 346-31 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-31 Assignment of persons in need of public assistance to work on public projects.

  §346-31 Assignment of persons in need of public assistance to work on public projects. The department of human services as far as permissible under the then existing federal laws, may assign persons in need of public assistance to work on state, county, or other public projects whether or not the projects are conducted in cooperation with any federal agency for the relief of unemployment.  The amount of assistance to be paid to such persons shall be fixed by the department, taking into consideration the work performed, and may exceed the amount or value of the grant of public assistance, which would have been made had no such assignment to a work project been made, but in no event shall such additional assistance, granted because of assignment to a work project, exceed the amount necessary to provide for extra expenses, incurred by the recipient for food, clothing, transportation, and incidentals. [L 1941, c 296, pt of §1; RL 1945, §4836; RL 1955, §108-17; HRS §346-31; am L 1970, c 105, §5; am L 1987, c 339, §4]
HI Rev Stat § 346-32 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-32 Application of chapter 386 to persons in need of public assistance assigned to work projects.

  §346-32 Application of chapter 386 to persons in need of public assistance assigned to work projects. Chapter 386 shall apply to recipients of public assistance assigned to work on public projects pursuant to section 346-31, who shall be deemed employees for the purposes of chapter 386, and an award may be made against the State or a county or other public body according to the project upon which the person injured was engaged at the time of the injury. [L 1941, c 296, pt of §1; RL 1945, §4837; RL 1955, §108-18; HRS §346-32]
HI Rev Stat § 346-33 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-33 Assistance payments inalienable.

  §346-33 Assistance payments inalienable. Assistance payments and compensation paid by the department of human services to blind persons and other persons for work performed in their homes or in workshops shall be inalienable by any assignment, sale, attachment, garnishment, execution, or otherwise. [L 1941, c 296, pt of §1; RL 1945, §4838; RL 1955, §108-19; HRS §346-33; am L 1970, c 105, §5; am L 1987, c 339, §4] Case Notes  Money received as AFDC grant is exempt from execution by judgment creditors. 431 F. Supp. 1369 (1977).  Section does not prevent payment of portions of funds to attorneys for plaintiffs in class action. 64 H. 345, 641 P.2d 1321 (1982).
HI Rev Stat § 346-35 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-35 Cancellation or revision.

  §346-35 Cancellation or revision. If, at any time during the currency or continuance of public assistance, the recipient, or any person legally liable for the support of the recipient becomes possessed of any property or income in addition to that available at the time the grant was made, the department of human services may, for such cause or for any other like cause, either cancel the assistance or change the amount thereof. [L 1941, c 296, pt of §1; RL 1945, §4840; RL 1955, §108-21; HRS §346-35; am L 1970, c 105, §5; am L 1987, c 339, §4] Case Notes  Income tax refund is not "income". 396 F. Supp. 375 (1975).  State welfare manual regulations held to violate federal regulations regarding payment of benefits while termination of benefits hearing is pending. 434 F. Supp. 1173 (1977); 434 F. Supp. 1177 (1977).
HI Rev Stat § 346-36 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-36 Assistance payments, subject to change or repeal.

  §346-36 Assistance payments, subject to change or repeal. All public assistance granted under this chapter shall be deemed to be granted and held subject to any amending or repealing act that may be passed and no recipient under this chapter shall have any claim for compensation or otherwise by reason of the recipient's assistance being affected in any way by any such amending or repealing act. [L 1941, c 296, pt of §1; RL 1945, §4841; RL 1955, §108-22; HRS §346-36; gen ch 1985]
HI Rev Stat § 346-37.1 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-37.1 Payment of public assistance for child requires payment of child support to department by natural or adoptive parents.

  §346-37.1 Payment of public assistance for child requires payment of child support to department by natural or adoptive parents. (a) Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due and owing to the department by the natural or adoptive parent or parents who are responsible for support of such children except that debts under this section shall not be incurred by a parent or other person who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status, and, provided that where there has been a family court order, the debt shall be limited to the amount provided for by the order.  (b) If there is no existing court order, the debt for a period during which public assistance was provided to the child or children may be established by agreement of the parties or application of the child support guidelines established pursuant to section 576D-7. [L 1975, c 137, pt of §1; am L 1983, c 41, §1; ree L 1986, c 332, §7; am L 1998, c 83, §2; am L 2002, c 72, §1] Case Notes  Public support of children is not an exceptional circumstance warranting departure from guidelines. 7 H. App. 345, 764 P.2d 1250 (1988).  In paternity proceedings, the child support enforcement agency may not obtain a judgment for an amount of money unless and until it proves payment by the department of human services of at least that amount to or for the benefit of the child. 105 H. 79 (App.), 93 P.3d 1186 (2004).  Notwithstanding subsection (b) and §584-15(e), when read together, the statutes do not create a "debt due and owing to the department of human services by the natural or adoptive parent or parents who are responsible for support of such children" in the amount calculated in accordance with the applicable child support guidelines. 105 H. 79 (App.), 93 P.3d 1186 (2004).
HI Rev Stat § 346-37.2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-37.2 Department subrogated to rights.

  §346-37.2 Department subrogated to rights. The department shall be subrogated to the right of such child or children or person having the care, custody, and control of such child or children to the debt created under section 346-37.1. Any judicial or administrative action to collect the debt for the department shall be undertaken by the child support enforcement agency under chapter 576D. [L 1975, c 137, pt of §1; am L 1986, c 332, §8]
HI Rev Stat § 346-37.3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-37.3 Notice of child support debt.

  §346-37.3 Notice of child support debt. The department shall notify the child support enforcement agency of the amount of, and the periods during which, public assistance was provided to or for the benefit of any dependent child or children. [L 1975, c 137, pt of §1; am L 1986, c 332, §9; am L 2002, c 72, §2]
HI Rev Stat § 346-38 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-38 Incompetency of recipient.

  §346-38 Incompetency of recipient. If the recipient is found incapable of taking care of the recipient's money or oneself, the department of human services may direct its assistance to be paid to a legal guardian or any other reputable person for the recipient's benefit or may suspend assistance for such period as it deems fit. [L 1941, c 296, pt of §1; RL 1945, §4844; RL 1955, §108-24; HRS §346-38; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
HI Rev Stat § 346-39 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-39 Legal representative.

  §346-39 Legal representative. The attorney general and the county attorneys and corporation counsel shall act as legal representatives of the department of human services when so requested. [L 1941, c 296, pt of §1; RL 1945, §4845; RL 1955, §108-25; HRS §346-39; am L 1970, c 105, §5; am L 1987, c 339, §4] Revision Note  Reference to "corporation counsel" added to conform to county charters.
HI Rev Stat § 346-39.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-39.5 Unclaimed financial assistance balances in electronic benefit transfer accounts.

 §346-39.5 Unclaimed financial assistance balances in electronic benefit transfer accounts. If there is a balance of financial assistance benefits in an electronic benefit transfer account, that balance shall revert back to the program's appropriation from which the funds were expended upon the death of a client who has no surviving family member receiving assistance in the same financial assistance case or upon abandonment of the financial assistance account. Prior to the reversion to the program's appropriation from which the funds were expended, the department may use the balance of the household's electronic benefit transfer account to offset any outstanding overpayments still owed by the household.  For purposes of this section, financial assistance benefits refer to cash payments authorized by the department to be issued through the electronic benefit transfer system. A financial assistance account shall be considered abandoned when there is no debit transaction to the account for a period of ninety consecutive calendar days. [L 1997, c 199, §2; am L 1999, c 213, §2]
HI Rev Stat § 346-40 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-40 Maintenance and availability of records; penalty.

  §346-40 Maintenance and availability of records; penalty. (a) To enable another provider to determine the proper course of treatment in emergencies and in order to determine whether a provider is genuinely entitled to reimbursement and to protect the medicaid program against fraud and abuse, each provider of health care, service or supplies under the state medicaid program shall maintain, and keep for a period of three years, such records as are necessary to disclose fully the type and extent of health care, service or supplies provided to medicaid recipients. The department may identify the types of records necessary to be kept by promulgation of appropriate rules.  (b) No provider shall refuse or fail to make available at the provider's place of business or appropriate location, during normal business hours, or, if the appropriate representative agrees, at the mutual convenience of the parties, immediate access to all records required to be maintained under this section or rules promulgated hereunder and all diagnostic devices concerning or used for the provision of health care, service or supplies to a medicaid recipient to any duly authorized representative of the attorney general's office or the department of human services acting in the course and scope of the duly authorized representative's employment; such diagnostic devices may be examined and tested and such records may be retained by said duly authorized representative for a reasonable period of time for the purpose of examination, audit, copying, testing or photographing. This subsection shall supersede any other provision of the Hawaii Revised Statutes to the contrary notwithstanding.  (c) Whenever a provider without reasonable justification fails to keep adequate supporting records as required by this section or rules promulgated hereunder or fails to make them available as required by this section, the director of human services shall suspend the provider during the period of noncompliance with this section, and no payment may be made to such provider with respect to any item or service furnished by such provider during the period of suspension. A provider shall receive notice and be provided an opportunity for a hearing in compliance with regulations of the department of human services for such suspension.  (d) Wilful refusal or failure to make records available as provided in subsection (b) of this section is a misdemeanor. [L 1978, c 105, §6; gen ch 1985; am L 1987, c 339, §4] Revision Note  Subsection designations "b", "c", and "d" substituted for "c", "d", and "e" pursuant to §23G-15. Cross References  Medicaid fraud unit, see §28-91. Case Notes  State has compelling interest in ensuring that medicaid program is not being defrauded. 481 F. Supp. 1028 (1979).
HI Rev Stat § 346-41 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-41 Inspection of institutional facilities.

  §346-41 Inspection of institutional facilities. (a) The director of the department of health, department of human services and the attorney general of the State shall have the right to inspect all institutions and organizations in the State, whether public or private, to which payments are made by the state medical assistance program, directly or indirectly, or on account of the board and maintenance of persons admitted or committed thereto. The authorized representatives of the director or the attorney general shall have the right of visitation and immediate access for inspection during business hours as often as may be necessary, to those portions of the facilities used or reasonably related to the board, care or treatment of such persons for the purpose of determining the conditions, circumstances and surroundings under which such persons admitted or committed are lodged, boarded, cared for and maintained.  (b) Wilful failure to permit authorized visitation or immediate access for inspection as provided by this section is a misdemeanor. [L 1978, c 105, §7; am L 1987, c 339, §4]
HI Rev Stat § 346-41.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-41.5 Hawaii qualified health centers.

  §346-41.5 Hawaii qualified health centers. If the medicaid managed care program is implemented, the department shall provide a supplemental capitation program for the uninsured with enabling services based on an annual cost-based determination to all Hawaii qualified health centers and to any nonprofit entity having a majority of Hawaii qualified health centers as board members.  For the purposes of this section, "enabling services" includes enabling services as defined by federally qualified health center standards. The department shall have the administrative flexibility to expend funds through medicaid managed care contracts, through a modified voucher system, or through chapter 42F. Hawaii qualified health centers receiving these supplemental payments shall reconcile their costs on an annual basis. [L 1994, c 238, §3; am L 2015, c 20, §3] Note  The amendment made by L 1997, c 190, §6 is not included in this section.
HI Rev Stat § 346-43 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-43 Penalties under other laws.

  §346-43 Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1978, c 105, §9]
HI Rev Stat § 346-43.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-43.5 Medical assistance fraud; penalties.

  §346-43.5 Medical assistance fraud; penalties. (a) A person commits the offense of medical assistance fraud if:  (1) The person knowingly makes or causes to be made to the medical assistance program any false statement or representation of a material fact in any application for any benefit or payment for furnishing services or supplies, or for the purpose of obtaining greater compensation than that to which the person is legally entitled, or for the purpose of obtaining authorization for furnishing services or supplies; or  (2) The person knowingly makes or causes to be made any false statement or representation of a material fact in any application for any medical assistance benefit or renewal of any medical assistance benefit, or in any statement, document, or record, in written, printed, or electronic form, in support of, or connected with, that application for or renewal of medical assistance benefits.  (b) A person convicted under subsection (a)(2) shall pay restitution equivalent to the amount of medical assistance benefits paid by the State on behalf of that person.  (c) For purposes of this section, the term "medical assistance benefit" means health care coverage or services, including medical, behavioral health, dental, or long-term care services, provided to or paid for on behalf of a person by the State, regardless of source of funding. Payment for medical assistance benefits may be made through capitated payments, insurance premiums, copayments, any payments made by the State to that person's health care providers, and any other payments made by the State on behalf of the person for health care coverage or services.  (d) The offense of medical assistance fraud is a class C felony.  (e) The remedies provided under this section are not exclusive and shall not preclude the use of any other criminal or civil remedy. [L 1980, c 210, §1; am L 2016, c 94, §1] Cross References  Medicaid fraud unit, see §28-91. Case Notes  State has compelling interest in ensuring that medicaid program is not being defrauded. 481 F. Supp. 1028 (1979).  Fatal variance between evidence proved and elements of the offense charged in the indictment. 68 H. 343, 713 P.2d 432 (1986).