reglab/housing_qa huggingface dataset:
HI Rev Stat § 346-404 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-404 Termination of jurisdiction.

 §346-404 Termination of jurisdiction. Jurisdiction under this part shall terminate when:  (1) The young adult has reached the age of twenty-one years;  (2) The young adult chooses to terminate the voluntary care agreement and stop receiving extended foster care services if the young adult:  (A) Has voluntarily signed a document attesting to the fact that the young adult no longer consents to the court's jurisdiction;  (B) Has been informed in writing of the effects of terminating voluntary foster care early; and  (C) Has been informed in writing of the option to reestablish jurisdiction before reaching age twenty-one and the procedures to do so; or  (3) After a court finds that:  (A) The young adult no longer meets the eligibility requirements as set forth in section 346-395; or  (B) Despite the fact that the department has made ongoing reasonable efforts to provide the young adult with services, the young adult is in material noncompliance with the case plan. [L 2013, c 252, pt of §2]
HI Rev Stat § 346-405 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-405 Reestablishing jurisdiction.

 §346-405 Reestablishing jurisdiction. A young adult who was previously under the jurisdiction of the court under this part and who was terminated from the young adult voluntary foster care program may reestablish jurisdiction by signing a new voluntary foster care agreement at which time the department and the court shall proceed pursuant to section 346-398. [L 2013, c 252, pt of §2]
HI Rev Stat § 346-406 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-406 Liability of the department.

 §346-406 Liability of the department. The department or any of its employees who provide services under this part shall not be liable to a third person:  (1) For any acts of the young adult; and  (2) For injury to the young adult resulting from the negligence or act of a third person providing services or housing to the young adult. [L 2013, c 252, pt of §2]
HI Rev Stat § 346-407 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-407 REPEALED.

  §346-407 REPEALED. L 2016, c 134, §5.
HI Rev Stat § 346C-1 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-1 Definitions.

 §346C-1 Definitions. As used in this chapter:  "Activities of daily living" means at least bathing, continence, dressing, eating, toileting, and transferring.  "Board of trustees" means the board of trustees charged with the general administration of this program under section 346C-3.  "Long-term care services" means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently.  "Program" means the long-term care financing program set forth in this chapter. [L 2002, c 245, pt of §2]
HI Rev Stat § 346C-2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-2 Long-term care financing program; establishment.

  §346C-2 Long-term care financing program; establishment. There is established the long-term care financing program, which shall be placed with the department of budget and finance for administrative purposes. The purpose of this program shall be to provide a universal and affordable system of providing for long-term care. The program shall be administered by a board of trustees. [L 2002, c 245, pt of §2]
HI Rev Stat § 346C-3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-3 Composition of the board.

  §346C-3 Composition of the board. (a) The board of trustees of the long-term care financing program shall consist of five regular members and one ex officio[,] nonvoting member to be appointed by the governor as provided in section 26-34; provided that:  (1) The terms of members shall be six years; and  (2) The initial appointments may be staggered in accordance with section 26-34(a).  [(b)] The members of the board of trustees shall have experience in accounting, business, finance, law, or other similar fields, and experience equivalent to five years as an officer or manager of a viable business, community, or organization involved with insurance management, portfolio management, health care management, or similar field. The composition of the board of trustees shall represent a diversity of relevant experience.  [(c)] The board of trustees shall elect a chairperson from among themselves. The trustees shall serve without compensation. [L 2002, c 245, pt of §2] Attorney General Opinions  Cited, in determining that in the absence of other statutory wording to the contrary, the holdover provision from §26-34(b) would apply to board and commission statutes that refer to §26-34 and that the provision is constitutional. Att. Gen. Op. 16-3.
HI Rev Stat § 346C-4 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-4 Fiduciary and other obligations of the board of trustees.

  §346C-4 Fiduciary and other obligations of the board of trustees. (a) The board of trustees shall:  (1) Have and maintain a fiduciary obligation for the program;  (2) Discharge their duties solely in the best interest of the program;  (3) Not knowingly participate in or undertake to conceal an act or omission of a trustee, when the act or omission is known to be a breach of fiduciary responsibility; or fail to discharge specific fiduciary responsibilities in a manner that enables another trustee to commit a breach; or having knowledge of a breach, fail to take whatever action that is reasonable and appropriate under the circumstances to remedy the breach;  (4) Act with the care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent trustee, acting in a like capacity and familiar with similar matters would use in conducting an enterprise of similar character and purpose; and  (5) Maintain proper books of accounts and records of the administration of the program.  (b) The board of trustees may contract with a qualified entity to administer the program or to process claims for benefit payments, or both; provided that the entity shall be appropriately licensed under chapter 431. Selection of the entity shall be subject to chapter 103D; provided that the insurance commissioner shall advise the board of trustees in selection of the entity.  (c) In lieu of subsection (b), the board of trustees may contract with a qualified entity to assume the risk of underwriting loss under the program at a capitated rate of payment to the entity. The entity shall be appropriately licensed under chapter 431 and adequately capitalized. Selection of the entity shall be subject to chapter 103D; provided that the state insurance commissioner shall advise the board of trustees in the selection of the entity. An entity selected under this subsection shall perform the functions under subsection (b), in addition to assuming the risk. [L 2002, c 245, pt of §2]
HI Rev Stat § 346C-5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-5 REPEALED.

  §346C-5 REPEALED. L 2011, c 124, §54.
HI Rev Stat § 346C-6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-6 Investments.

  §346C-6 Investments. (a)  With the advice of the director of finance to ensure investment soundness, the board of trustees shall invest moneys in the long-term care benefits fund solely in:  (1) Obligations of any of the following classes:  (A) Obligations issued or guaranteed as to principal and interest by the United States or by any state thereof or by any municipal or political subdivision or school district of any of the foregoing; provided that the principal of and interest on such obligations are payable in currency of the United States, or sovereign debt instruments issued by agencies of, or guaranteed by foreign governments;  (B) Revenue bonds, whether or not permitted by any other provision hereof, of the State or any political subdivision thereof, including the board of water supply of the city and county of Honolulu, and street or improvement district bonds of any district or project in the State; and  (C) Obligations issued or guaranteed by any federal home loan bank including consolidated federal home loan bank obligations, the Home Owner's Loan Corporation, the Federal National Mortgage Association, or the Small Business Administration;  (2) Obligations eligible by law for purchase in the open market by federal reserve banks;  (3) Securities and futures contracts in which in the informed opinion of the board of trustees it is prudent to invest funds of the system, including currency, interest rate, bond, and stock index futures contracts and options on such contracts to hedge against anticipated changes in currencies, interest rates, and bond and stock prices that might otherwise have an adverse effect upon the value of the system's securities portfolios; covered put and call options on securities; and stock; whether or not the securities, stock, futures contracts, or options on futures are expressly authorized by or qualify under the foregoing paragraphs, and notwithstanding any limitation of any of the foregoing paragraphs; and  (4) Any other investments deemed secure on the advice of the state director of finance.  (b) The board of trustees shall submit to the legislature no later than January 1 of every year, an annual report for the preceding fiscal year. The annual report shall include information concerning:  (1) Investments, including the types and amounts;  (2) Current balance in the fund;  (3) Projected liabilities for the upcoming year;  (4) Current reserve requirements to meet the projected liabilities for the upcoming year;  (5) Amount of claims paid and taxes received in the year immediately preceding the issuance of the report; and  (6) Any other useful information to determine the fiscal soundness of the fund. [L 2002, c 245, pt of §2]
HI Rev Stat § 346C-7 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-7 Annual audits of the long-term care benefits fund.

  §346C-7 Annual audits of the long-term care benefits fund. The auditor shall conduct an audit of the long-term care benefits fund annually for the first three years from the date the fund first receives deposits, and every three years thereafter; provided that the auditor may modify the time periods after the first three years as appropriate to the circumstances. The auditor shall publish a report of the results of every audit, including any recommendations. [L 2002, c 245, pt of §2]
HI Rev Stat § 346C-8 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346C. Long-Term Care Financing Program|346C-8 Qualified long-term care services.

  §346C-8 Qualified long-term care services. (a) To be eligible for benefit payments for long-term care services under the program, a qualifying individual shall:  (1) Need assistance with two or more activities of daily living; or  (2) Be afflicted with Alzheimer's disease or dementia.  (b) An individual qualifying for long-term care services under the program shall have written certification from a physician or osteopathic physician licensed under chapter 453 or an advanced practice registered nurse licensed under section 457-8.5, assigned by the board of trustees certifying that the individual requires one or more long-term care services for the period of time during which the individual receives the benefits under the program. The written certification shall specify that the individual:  (1) Is unable to perform, without substantial assistance from another individual, at least two of six activities of daily living for a period of at least ninety days due to a loss of functional capacity; or  (2) Requires substantial supervision to protect the individual from threats to health and safety to self or others due to severe cognitive impairment.  (c) The written certification required by subsection (b) shall be subject to approval by the board of trustees. [L 2002, c 245, pt of §2; am L 2009, c 11, §46; am L 2015, c 35, §44]
HI Rev Stat § 346D-1 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-1 Definitions.

  §346D-1 Definitions. For the purpose of this chapter:  "Comprehensive home and community-based services" means the provision of a broad range of services, not otherwise available under the approved medicaid state plan, which the waiver program individual needs in order to avoid institutionalization for an indefinite period of time.  "Critical access hospital" means a hospital located in the State that is included in Hawaii's rural health plan approved by the federal Centers for Medicare and Medicaid Services and approved as a critical access hospital by the department of health as provided in Hawaii's rural health plan and as defined in title 42 United States Code section 1395i-4.  "Home care agency" means an agency licensed by the State to do business in Hawaii that provides home care services such as personal care, personal assistance, chore, homemaker, and nursing services in the individual's home.  "Residential alternative" means a community-based residence authorized to admit waiver program individuals, such as an adult foster home, adult residential care home, domiciliary care home, or foster home for the developmentally disabled.  "Service plan" means a written plan that specifies the services, along with their frequency and their provider, necessary to maintain the individual in the community as a cost-effective alternative to institutionalization.  "Waiver program" means the medicaid home and community-based services programs under 42 U.S.C. section 1396n. [L 1983, c 192, §2; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1989, c 154, §1; am L 1998, c 294, §2; am L 2000, c 226, § §3, 9; am L 2004, c 148, §2; am L 2011, c 43, §10]
HI Rev Stat § 346D-1.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-1.5 Medicaid reimbursement equity

  §346D-1.5 Medicaid reimbursement equity. Not later than July 1, 2008, there shall be no distinction between hospital-based and nonhospital-based reimbursement rates for institutionalized long-term care under medicaid. Reimbursement for institutionalized intermediate care facilities and institutionalized skilled nursing facilities shall be based solely on the level of care rather than the location. This section shall not apply to critical access hospitals. [L 1998, c 294, §1; am L 2000, c 226, § §5, 9; am L 2004, c 148, § §1, 2] Note  L 2000, c 226, §6 provides:  "SECTION 6. The State's share of matching funds shall be provided through the Hawaii health systems corporation and other designated critical access hospitals' appropriations to the extent funding is available. If funding is not available, medicaid reimbursement to critical access hospitals shall revert back to the existing medicaid payment methodology."
HI Rev Stat § 346D-2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-2 Establishment of medicaid home and community-based waiver programs.

  §346D-2 Establishment of medicaid home and community-based waiver programs. (a) Waiver programs shall be established and administered by the department of human services to provide comprehensive home and community-based services for the aged, chronically ill, disabled, developmentally disabled, and individuals with intellectual disabilities, who are certified as requiring acute, skilled nursing, intermediate care facility, or intermediate care facility for individuals with intellectual disabilities level of care.  (b) These services shall be furnished to individuals in the geographic areas of the State identified in the approved waiver program applications.  (c) Medicaid home and community-based waiver program expenditures shall not exceed the amount authorized by the federal Centers for Medicare and Medicaid Services. [L 1983, c 192, §3; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1990, c 324, §3; am L 1991, c 61, §1; am L 1998, c 294, §3; am L 2011, c 43, §11 and c 220, § §5, 11] Cross References  Long term care service development fund, see §321-22.
HI Rev Stat § 346D-3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-3 Determination of eligibility for participation in a waiver program.

  §346D-3 Determination of eligibility for participation in a waiver program. (a) To qualify for participation in a waiver program, individuals shall:  (1) Be determined by the department of human services to be eligible for federally-funded medicaid assistance;  (2) Be certified by the department of human services, through the preadmission screening process, to be in need of acute, skilled nursing facility, intermediate care facility, or intermediate care facility for individuals with intellectual disabilities level of care; and  (3) Choose to remain in the community with the provision of home and community-based waiver program services as an alternative to institutionalization.  (b) Individuals approved for a waiver program shall have the following:  (1) Comprehensive assessment of their health, functional, social, and environmental needs;  (2) Written service plan that addresses the necessary safeguards to protect the health and welfare of the individual, and reflects the individual's freedom of choice of providers and services;  (3) Budget based on the services defined in the service plan; and  (4) Periodic review of their health, functional, and financial status to ensure continued eligibility for waiver program services. [L 1983, c 192, §4; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1998, c 294, §4; am L 2011, c 220, §11] Cross References  Chore services, see §346-64.5.
HI Rev Stat § 346D-4 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-4 Provision of services.

  §346D-4 Provision of services. (a) Services that maximize the individual's independence shall be provided in the individual's home, the home of a responsible relative or other adult, or a residential alternative setting.  (b) The program shall provide the services in the most economic manner feasible which is compatible with preserving quality of care through:  (1) Informal care providers, such as family members, friends, or neighbors who regularly provide specific services without remuneration and not as a part of any organized volunteer activity;  (2) Individual providers hired and directed by the waiver program individual to provide specific approved services;  (3) Contracts with agency providers, such as home care agencies and public or private health and social service organizations;  (4) Contracts with individual providers, such as counselors, nurses, therapists, and residential alternative program operators who provide services for the waiver program; and  (5) Program personnel, such as social workers and nurses who are hired by the waiver program to provide specific services. [L 1983, c 192, §5; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1998, c 294, §5]
HI Rev Stat § 346D-4.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-4.5 Needs allowance; waiver program individuals.

  §346D-4.5 Needs allowance; waiver program individuals.  (a) There may be established a monthly needs allowance for individuals living in:  (1) Adult residential care home type I and type II facilities;  (2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9;  (3) Community care foster family homes as defined in section 321-481;  (4) Certified adult foster homes as defined in section 321-11.2;  (5) Domiciliary care as defined in section 346-1;  (6) A nursing facility as defined in section 346E-1; or  (7) A community-based residence as part of the residential alternatives community care program.  (b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living.  (c) The State's supplemental payment for a needs allowance under subsection (a) shall be increased by an amount necessary to bring the allowance up to $50 per month. The payment under this section shall be afforded to an individual notwithstanding that the individual is incapacitated; provided that the moneys may be spent on behalf of the client, with a written accounting, by the operator of the residence or facility. [L 2007, c 96, §2; am L 2012, c 93, §5]
HI Rev Stat § 346D-5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-5 REPEALED.

  §346D-5 REPEALED. L 1998, c 294, §6.
HI Rev Stat § 346D-6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-6 REPEALED.

  §346D-6 REPEALED. L 1994, c 110, §1.
HI Rev Stat § 346D-7 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-7 Rules.

  §346D-7 Rules. The department of human services shall adopt rules in accordance with chapter 91, for the purpose of this chapter. [L 1983, c 192, §9; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3] Revision Note  "Chapter" substituted for "Act" pursuant to §23G-15.
HI Rev Stat § 346D-8 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346D. Long-Term Care|346D-8 Personnel exempt.

  §346D-8 Personnel exempt. The department of human services may employ civil service personnel in accordance with chapter 76 to service the waiver programs. [L 1983, c 192, §10; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 2000, c 45, §1 and c 253, §150; am L 2006, c 300, §10]