reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-382 Membership.

§346-382 Membership.
(a) The Hawaii interagency council on homelessness shall be composed of the following members or the member's designee:
(1) Governor's coordinator on homelessness, who shall serve as chair;
(2) Director of human services;
(3) Administrator of the homeless programs office of the department of human services;
(4) Director of health;
(5) Director of labor and industrial relations;
(6) Director of law enforcement;
(7) Director of business, economic development, and tourism;
(8) Chairperson of the Hawaiian homes commission;
(9) Adjutant general;
(10) Chairperson of the board of trustees of the office of Hawaiian affairs;
(11) Attorney general;
(12) Superintendent of education;
(13) Two members of the house of representatives to be designated by the speaker of the house of representatives, of whom one member shall be designated by the speaker of the house of representatives to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;
(14) Two members of the senate to be designated by the president of the senate, of whom one member shall be designated by the president of the senate to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;
(15) A representative of the Hawaii public housing authority;
(16) The mayor of each county;
(17) A representative of the continuum of care programs in each county, to be designated by the respective mayors;
(18) A representative of the United States Department of Veterans Affairs who shall be requested to serve by the governor;
(19) A representative from the Office of Community Planning and Development, United States Department of Housing and Urban Development, who shall be requested to serve by the governor;
(20) A representative of a faith-based organization with interfaith relationships, to be designated by the governor; and
(21) A representative of the business community, to be designated by the governor.
(b) The nongovernmental members of the Hawaii interagency council on homelessness shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(c) Except as provided in subsection (a)(13) and (a)(14), if a member of the Hawaii interagency council on homelessness is unable to attend a meeting, that member may appoint a designee to attend and to act on the member's behalf during the meeting.
(d) Chapter 84 shall not apply to the members of the Hawaii interagency council on homelessness. [L 2012, c 105, pt of §2; am L 2013, c 76, §1; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-383 Meetings; quorum.

§346-383 Meetings; quorum.
(a) The Hawaii interagency council on homelessness shall meet quarterly, or more frequently as it deems necessary.
(b) A majority of the members of the Hawaii interagency council on homelessness shall constitute a quorum to do business and to validate any decision or act of the council. [L 2012, c 105, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-385 Definitions.

Note
Supportive housing pilot program; reports to legislature by December 1, 2024, and December 1, 2025 (repealed on June 30, 2025). L 2023, c 95.
§346-385 Definitions.
As used in this subpart, unless the context clearly indicates otherwise:
"Coordinator" means the governor's coordinator on homelessness as provided in section 346-381.5.
"Office" means the statewide office on homelessness and housing solutions. [L 2022, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-386 Statewide office on homelessness and housing solutions; establishment.

§346-386 Statewide office on homelessness and housing solutions; establishment.
There is established within the department of human services, for administrative purposes only, the statewide office on homelessness and housing solutions that shall:
(1) Work with state, county, and community agencies to develop solutions to prevent and end homelessness in the State through transitional and permanent housing and supportive or assisted services, or both; and
(2) Develop and test innovative solutions to prevent and end homelessness in the State. [L 2022, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-387 Administration.

§346-387 Administration.
(a) The office shall be headed by the governor's coordinator on homelessness, appointed pursuant to section 346-381.5, for the proper administration and enforcement of this subpart.
(b) The coordinator shall report directly to the governor and appoint staff as may be necessary.
(c) The employees of the office shall be appointed without regard to chapter 76. [L 2022, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-388 Duties and responsibilities.

§346-388 Duties and responsibilities.
The office shall:
(1) Identify and address gaps in the homeless service system by:
(A) Developing a standard strategy for coordinated entry, needs assessment, and allocation of services and housing types to create pathways to permanent assisted and independent housing;
(B) Working with state departments and agencies to develop and maintain multi-year strategic and tactical plans and road maps as a part of the Hawaii interagency council on homelessness' unified ten-year statewide plan;
(C) Coordinating matters relating to homelessness and affordable housing between state and county agencies and private entities; and
(D) Developing and testing innovative solutions to prevent and end homelessness through collaboration with appropriate agencies;
(2) Provide administrative support for the Hawaii interagency council on homelessness in developing the council's unified ten-year statewide plan to address homelessness in all counties of the State; and
(3) Establish and maintain a statewide homelessness and housing data clearinghouse, which may include information on persons experiencing homelessness and available services, shelters, and housing. [L 2022, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-389 Annual report.

§346-389 Annual report.
The coordinator shall submit an annual progress report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include:
(1) Performance metrics relating to reducing the number of persons experiencing homelessness in the State;
(2) Performance metrics relating to housing and services inventory gaps, including but not limited to the number of persons experiencing homelessness served and placed into permanent housing and the cost per person served; and
(3) Performance metrics to evaluate the State's performance on homeless services, housing, care coordination, and other needed services to end homelessness in the State. [L 2022, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-391 Purpose.

§346-391 Purpose.
The purpose of this part is to establish the young adult voluntary foster care program, to care for and assist eligible foster youth until their twenty-first birthday. The young adult voluntary foster care program will support former foster youth in the transition to adulthood and in becoming independent and self-sufficient. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-392 Definitions.

§346-392 Definitions.
As used in this part, unless the context clearly indicates otherwise:
"Case plan" means a plan developed by the department, in consultation with the young adult, as developmentally appropriate, containing a written description of the programs and services that will help the young adult transition from foster care to independent living.
"Court" means one of the family courts established pursuant to chapter 571.
"Department" means the department of human services and its authorized representatives.
"Foster custody" means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order as set forth in chapter 587A.
"Party" means the department or the young adult who is subject to a proceeding brought under this part and may include any other person whose participation the court finds is in the best interest of the young adult.
"Permanent custody" means the legal status created by order of the court after the termination of parental rights as set forth in chapter 587A.
"Young adult" means a person who has attained the age of eighteen or older, but is less than twenty-one years of age. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-393 Rights of the young adult.

§346-393 Rights of the young adult.
(a) Young adults have a right to meaningful court reviews, including the right to:
(1) Receive notice of any court hearings and reviews and any other case related proceedings and meetings;
(2) Be involved in the development of a personalized case plan;
(3) Be present at all court hearings and reviews and be able to address the court during those hearings; provided that young adults may waive their right to be present at the court hearings and reviews or may request to participate in the court hearings and reviews by phone; and
(4) Request competent legal counsel.
(b) Nothing in this part shall be construed to abrogate any other rights that a person who has attained eighteen years of age, may have as an adult under state law. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-395 Eligibility.

§346-395 Eligibility.
A young adult may continue to receive services under this part if the young adult meets the following criteria:
(1) The young adult was:
(A) Under the permanent custody, foster custody, voluntary foster custody, or court-ordered temporary foster custody of the department at the time the young adult attained the age of eighteen;
(B) A child who was placed in guardianship after attaining the age of sixteen and the legal guardians are no longer willing to provide emotional and financial support; or
(C) A child who was adopted after attaining the age of sixteen and the adoptive parents are no longer willing to provide emotional and financial support;
(2) The young adult voluntarily consents to participate in the young adult voluntary foster care program and meets the program requirements;
(3) The court finds that exercising jurisdiction under this part is in the young adult's best interest; and
(4) The young adult is:
(A) Completing secondary education or a program leading to an equivalent credential;
(B) Enrolled in an institution that provides post-secondary or vocational education;
(C) Participating in a program or activity designed to promote or remove barriers to employment;
(D) Employed for at least eighty hours per month; or
(E) Incapable of doing any of the activities described in subparagraphs (A) to (D) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the young adult. [L 2013, c 252, pt of §2; am L 2016, c 134, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-396 Voluntary care agreement.

§346-396 Voluntary care agreement.
If a young adult is no longer under jurisdiction pursuant to chapter 587A as the subject child and chooses to participate in the young adult voluntary foster care program and meets the eligibility criteria set forth in section 346-395, the department and the young adult shall enter into a voluntary care agreement that shall include, at a minimum, the following:
(1) The obligation for the young adult to continue to meet the conditions for eligibility described in section 346-395 and the program requirements for the duration of the voluntary care agreement;
(2) The young adult's right to terminate the voluntary care agreement at any time; and
(3) The voluntary nature of the young adult's participation in the young adult voluntary foster care program. [L 2013, c 252, pt of §2; am L 2016, c 134, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-397 Provision of extended foster care services.

§346-397 Provision of extended foster care services.
As soon as the department determines that a young adult is eligible under section 346-395 and the young adult signs the voluntary care agreement as described in section 346-396, prior to the filing of the petition invoking the jurisdiction of the court or the court's determination of jurisdiction pursuant to section 346-398, the department may provide extended foster care services to the young adult. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-398 Petition; venue.

§346-398 Petition; venue.
(a) Within thirty days after the voluntary care agreement is signed, the department shall file with the court in the county where the young adult resides a petition invoking the jurisdiction of the court under this part, which shall contain:
(1) The young adult's name, date of birth, and current address;
(2) A statement of facts that supports the eligibility of the young adult for foster care services that includes the following:
(A) The reasonable efforts made to achieve permanency for the young adult; and
(B) The reasons why it is in the best interest of the young adult to extend foster care services; and
(3) A copy of the signed voluntary care agreement.
(b) Upon the filing of the petition, the court shall open a young adult voluntary foster care case for the purpose of determining whether extending foster care services is in the young adult's best interests. The court shall conduct a hearing and make its determination no later than fifteen days after the filing of the petition.
(c) The court shall set a periodic review to be held within one hundred eighty days after the signing of the voluntary care agreement. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-399 Notice of hearings and reviews.

§346-399 Notice of hearings and reviews.
Notice of hearings and reviews shall be provided to the parties; provided that no further notice is required for any party who was given actual notice of a hearing or review while present in court. Notice of hearings or reviews shall be served no less than forty-eight hours before the scheduled hearing, or as otherwise determined by the court. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-400 Case plan; reports to be submitted by the department.

§346-400 Case plan; reports to be submitted by the department.
(a) A case plan shall:
(1) Establish goals for the young adult, including those pertaining to education; health; therapy; counseling; a relationship with the young adult's birth family, including visits; cultural connections; independent living; and transition plans;
(2) Describe services needed to assist the young adult to achieve the goals set forth in paragraph (1); and
(3) Describe the methods for achieving the goals and services set forth in paragraphs (1) and (2).
(b) The department shall prepare a report to the court, developed in collaboration with the young adult as developmentally appropriate, describing:
(1) The young adult's progress toward achieving the goals of the case plan;
(2) Proposed revisions to the goals of the case plan and reasons for the revisions; and
(3) Proposed revisions to the methods for achieving the goals of the case plan and the reasons for the revisions.
(c) The report shall be submitted to the court seven days prior to a scheduled periodic review hearing date and a copy shall be provided to the young adult. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-401 Court proceedings.

§346-401 Court proceedings.
(a) The court shall conduct all proceedings under this part without a jury.
(b) The general public shall be excluded from these proceedings. Only parties found by the court to have a direct interest in the case shall be admitted to the proceeding.
(c) Except with respect to the department or the young adult, the court may limit a party's right to participate in any proceeding if the court deems the limitation to be consistent with the best interests of the young adult.
(d) All documents, reports, and records under this part shall be confidential and shall not be released to any third party without the consent of the young adult or the consent of the court for good cause shown. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-402 Court-appointed attorneys.

§346-402 Court-appointed attorneys.
The court may appoint an attorney sua sponte or at the request of any party to represent a young adult who is eligible under section 346-395 and has signed the voluntary care agreement as described in section [346-396] if it is deemed by the court to be in the young adult's best interest. Attorneys who are appointed by the court to represent a qualifying young adult may be paid by the court, unless the young adult for whom counsel is appointed has an independent estate sufficient to pay fees and costs. [L 2013, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-403 Periodic review.

§346-403 Periodic review.
(a) Periodic judicial reviews shall occur not less than once every one hundred eighty days after the signing of the voluntary care agreement and may be conducted either by court hearing or court review.
(b) At the periodic review, the court shall issue the following findings:
(1) Whether the young adult continues to meet the eligibility requirements set forth in section 346-395;
(2) Whether the young adult continues to comply with the case plan developed in collaboration between the department and the young adult, and the appropriateness of the case plan; and
(3) The young adult's progress toward achieving independence. [L 2013, c 252, pt of §2]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-431 Definitions.

Note
Part effective July 1, 2025.
§346-431 Definitions.
[See Note at part heading.]
As used in this part, unless the context otherwise requires:
"Board" means the wellness and resilience advisory board.
"Office" means the office of wellness and resilience. [L 2023, c 87, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-432 Office of wellness and resilience; established.

§346-432 Office of wellness and resilience; established.
[See Note at part heading.]
(a) There is established within the department for administrative purposes only, the office of wellness and resilience.
(b) The office shall be headed by an executive director, who shall be appointed by the director without regard to chapter 76, and who shall serve at the pleasure of the director.
(c) The executive director may appoint additional staff for the office. Staff appointed pursuant to this subsection shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State.
(d) Department heads may assign additional employees from existing positions within those departments to the office; provided that the employees shall represent their respective department's needs and shall have direct communication with the respective department's leadership during the course of their assignment with the office. [L 2023, c 87, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-433 Functions.

§346-433 Functions.
[See Note at part heading.]
The office shall:
(1) Address issues identified and implement solutions recommended by the board through a cross-representation of state departments and the private sector, including private donors;
(2) Identify common issues, unmet needs, and challenges encountered by departments and work to solve those issues through a cross-representation of state departments and the private sector, including private donors;
(3) Seek funding solutions using moneys that each department has access to, including federal, state, and private sources, and work with philanthropic organizations and other entities from the private sector to re-evaluate the State's funding priorities and find funding solutions to implement interdepartmental programming;
(4) Establish a procurement team that has cross-agency representation to streamline existing department grant and funding management and meet existing fiduciary obligations and other state requirements;
(5) Interact with community agencies, organizations, and other stakeholders to ensure the office is meeting the needs and wellness requirements of communities throughout the State; and
(6) Create a social determinants of health electronic dashboard that identifies a baseline of needs and concerns that impede high quality-of-life outcomes. [L 2023, c 87, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-434 Annual report.

§346-434 Annual report.
[See Note at part heading.]
The office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including:
(1) Actions taken to address issues, unmet needs, and challenges relating to wellness and resilience;
(2) Funds received pursuant to the activities of the office from federal, state, private, and philanthropic sources;
(3) The office's engagement with community entities and other stakeholders; and
(4) Any other findings and recommendations, including any proposed legislation. [L 2023, c 87, pt of §2]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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."
2023 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.
2023 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.
2023 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 that 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.
(c) The department of human services shall:
(1) Practice employment first principles, as described in section 78-66, with respect to waiver program personnel; and
(2) Ensure that contracted agency providers that provide services for the waiver program follow employment first principles, as described in section 78-66. [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; am L 2022, c 308, §2]
2023 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; 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; am L 2023, c 109, §4]
2023 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.
2023 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]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-1 Visually handicapped defined.

§347-1 Visually handicapped defined.
A visually handicapped person is one whose vision with correcting lenses is so defective as to interfere with the person's performance of ordinary activity for which eyesight is essential. [L 1947, c 108, §3; RL 1955, §109-3; am L 1959, c 246, §2; HRS §347-1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-2 Blind, defined.

§347-2 Blind, defined.
The term "blind" as used in this chapter, whether used as an adjective or noun, means blind or visually handicapped. [L 1947, c 108, §1; RL 1955, §109-5; am L 1959, c 246, §3; am L 1961, c 177, §1; HRS §347-2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-2.5 Service animal, defined.

§347-2.5 Service animal, defined.
As used in this chapter, "service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must relate directly to the individual's disability. Neither the potential crime deterrent effects of an animal's presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition. [L 2011, c 175, §2; am L 2018, c 217, §4]
Law Journals and Reviews
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-2.6 Misrepresentation of a service animal; civil penalty.

§347-2.6 Misrepresentation of a service animal; civil penalty.
(a) It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5.
(b) Upon a finding of clear and convincing evidence, a person who violates subsection (a) shall be fined not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter.
(c) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal. [L 2018, c 217, §2]
Law Journals and Reviews
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-3 Department; general powers.

§347-3 Department; general powers.
The department of human services shall administer work with and for the blind, including the registry of the blind, vocational guidance, training, and placement in employment, and other services, including the conduct of activities for sight conservation and prevention of blindness. [L 1945, c 113, pt of §4; RL 1955, §109-1; am L 1957, c 317, §1; am L Sp 1959 2d, c 1, §20; HRS §347-3; am L 1970, c 105, §5; am L 1987, c 339, §4]
Cross References
Concessions in public buildings, see §102-14.
General excise tax upon blind persons, see §237-17.
Income tax exemption, see §235-54.
Public assistance, see §346-52.
Real property tax home exemption, see §246-31.
Case Notes
Land used for the blind is land used for a public use. 43 H. 253 (1959).