reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 344. State Environmental Policy › 344-1 Purpose.

§344-1 Purpose.
The purpose of this chapter is to establish a state policy which will encourage productive and enjoyable harmony between people and their environment, promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humanity, and enrich the understanding of the ecological systems and natural resources important to the people of Hawaii. [L 1974, c 247, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 19. Health › 344. State Environmental Policy › 344-2 Definitions.

§344-2 Definitions.
As used in this chapter unless the context otherwise requires:
"Agency" means any department, office, board, or commission of the State or county government that is a part of the executive branch of that government.
"Environment" means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. [L 1974, c 247, pt of §1]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 19. Health › 344. State Environmental Policy › 344-3 Environmental policy.

§344-3 Environmental policy.
It shall be the policy of the State, through its programs, authorities, and resources to:
(1) Conserve the natural resources, so that land, water, mineral, visual, air and other natural resources are protected by controlling pollution, by preserving or augmenting natural resources, and by safeguarding the State's unique natural environmental characteristics in a manner which will foster and promote the general welfare, create and maintain conditions under which humanity and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of the people of Hawaii.
(2) Enhance the quality of life by:
(A) Setting population limits so that the interaction between the natural and artificial environments and the population is mutually beneficial;
(B) Creating opportunities for the residents of Hawaii to improve their quality of life through diverse economic activities which are stable and in balance with the physical and social environments;
(C) Establishing communities which provide a sense of identity, wise use of land, efficient transportation, and aesthetic and social satisfaction in harmony with the natural environment which is uniquely Hawaiian; and
(D) Establishing a commitment on the part of each person to protect and enhance Hawaii's environment and reduce the drain on nonrenewable resources. [L 1974, c 247, pt of §1; gen ch 1993]
Case Notes
Cited: 134 H. 86 (App.), 332 P.3d 688 (2014).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-2 Appointment of personnel.

§346-2 Appointment of personnel.
The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of human services shall be appointed subject to any civil service law relating to state employees; in the event there is no civil service law in effect, then in accordance with a merit system meeting applicable federal requirement; provided that in the event of any conflict between applicable mandatory federal requirements and any state civil service law or regulations, the former requirements shall prevail. [L 1941, c 296, §1(3); RL 1945, §4803; RL 1955, §107-3; HRS §346-2; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
Cross References
Civil service law, see chapter 76.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-3 Compensation of employees.

§346-3 Compensation of employees.
The compensation of all personnel in the department of human services shall be fixed by the director of human services pursuant to any applicable classification law. [L 1941, c 296, §1(4); RL 1945, §4804; am L 1951, c 264, §2; RL 1955, §107-4; HRS §346-3; am L 1970, c 105, §5; am L 1987, c 339, §4]
Cross References
Classification law, see §76-13.5.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-4.5 Investigators; authority and access to records.

§346-4.5 Investigators; authority and access to records.
(a) The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers and authority of a police officer or of a deputy sheriff, provided that the persons so appointed and commissioned shall not carry any firearms.
(b) Information necessary to investigate fraud and other crimes relating to public assistance, to locate absent parents, to establish paternity, to obtain and enforce court orders of support, and to investigate incidents at the Hawaii youth correctional facilities, and contained within the records of any agency, board, commission, authority, or committee of the State or its political subdivisions shall be made available to any commissioned investigator of the department of human services, notwithstanding any provision for confidentiality. [L 1976, c 83, §1; am L 1979, c 176, §1; am L 1987, c 339, §4; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2009, c 62, §2]
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).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-5 Reports.

§346-5 Reports.
The director of human services shall file with the governor a written report or reports at such times, at least once in each year, and in such form as shall be requested by the governor covering the condition and activities of the department of human services and of each division thereof. [L 1941, c 296, §1(10); RL 1945, §4810; RL 1955, §107-10; HRS §346-5; am L 1970, c 105, §5; am L 1987, c 339, §4]
Cross References
Annual reports, see §93-12.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-6 Appropriations; expenditures; donations.

§346-6 Appropriations; expenditures; donations.
Moneys provided by the legislature for expenditure by the department of human services shall be expended upon vouchers approved by the director of human services or the director's duly authorized subordinates.
All contributions or donations of money to the department shall be paid into the state treasury to be expended according to law and for purposes in accordance with the terms and conditions of the contributions or donations, and all such moneys are appropriated for such purposes; provided that no such contributions or donations shall be accepted by the department except for expenditures within the purposes of this chapter. The department may accept donations other than money, provided the donations may be used within the purposes of this chapter, and if accepted, may pay for the storage, handling, and distribution of same; provided that any capital expenditures in connection with the storage, handling, and distribution shall be approved by the governor. [L 1941, c 296, pt of §1; RL 1945, §4822; RL 1955, §108-2; HRS §346-6; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-7 Acceptance of grants-in-aid or outright grants.

§346-7 Acceptance of grants-in-aid or outright grants.
(a) The department of human services may accept, at any time, grants-in-aid or outright grants from the federal government or any department thereof for general assistance, medical assistance, care of transients, and other nonresidents, and cooperate with the federal government in connection therewith.
(b) The department shall submit a report detailing all funds received under this section to the legislature no later than twenty days prior to the convening of each regular session. [L 1941, c 296, pt of §1; RL 1945, §4823; RL 1955, §108-3; HRS §346-7; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §58]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-7.5 Spouse and child abuse special fund.

§346-7.5 Spouse and child abuse special fund.
(a) There is established within the state treasury a special fund to be known as the "spouse and child abuse special fund", and to be administered and expended by the department of human services.
(b) The proceeds of the special fund shall be reserved for use by the department of human services for staff programs, and grants or purchases of service, consistent with chapters 42F and 103F, that support or provide spouse or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or existing programs and shall not supplant any other funds previously allocated to these programs.
(c) The special fund shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under section 235-102.5, federal reimbursements received through Title IV-E of the Social Security Act received in the following fiscal year from which the Title IV-E funds were expended, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the special fund shall be subject to the conditions specified in subsection (b).
(d) The department of human services shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the special fund.
(e)
[Repeal and reenactment on June 30, 2027. L 2023, c 17,
§13.]
All unencumbered and unexpended moneys in excess of $5,000,000 in the spouse and child abuse special fund shall lapse to the credit of the general fund. Upon dissolution of the spouse and child abuse special fund, any unencumbered moneys in the fund shall lapse to the general fund. [L 1994, c 232, §2; am L 1997, c 190, §6; am L 2004, c 228, §3; am L 2019, c 84, §4; am L 2022, c 250, § §2, 4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-8 Additional funds.

§346-8 Additional funds.
(a) The department of human services may accept and deposit with the director of finance, for use in carrying out any of the purposes of this chapter or for costs of administration, any funds which may be provided by the United States government, any county, or any other source, in each case upon such terms and conditions as the department, in its discretion, may approve. All such funds shall be deemed additional to the funds provided by legislative appropriation. Any such funds received in reimbursement of expenditures made from funds provided by legislative appropriation for any purpose are reappropriated for the same purpose.
(b) Except as expressly otherwise provided, all appropriations made by the legislature shall be deemed subject to the foregoing provisions, to the end that the amounts of such appropriations shall be deemed to limit the amounts expendable from the general fund of the State but not to limit the amounts expendable by the department.
(c) The department shall submit a report detailing all moneys received under this section to the legislature no later than twenty days prior to the convening of each regular session. [L 1933, c 209, §22; RL 1935, chap IV, appendix, §22; am L 1941, c 213, §1(19); am L 1943, c 101, pt of §2; RL 1945, §4813; RL 1955, §107-11; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §346-8; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §59]
Case Notes
Cited: 35 H. 855, 864 (1941), aff'd 130 F.2d 786 (1942).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-9 Workshop program.

§346-9 Workshop program.
(a) All moneys to fund workshop or home labor activities for welfare recipients or other persons who, in the opinion of the department, would benefit from the experience, and all moneys for the purchase of materials, machinery, and other facilities and for the erection, operation, and conduct of the workshops, and for the payment of compensation, as the department may authorize, shall be allocated by the legislature through appropriations out of the state general fund.
(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
(c) All moneys received from other funding sources, including federal sources and all moneys derived from the sale of products of the workshops or home labor shall be deposited to the credit of the state general fund. [L 1941, c 296, pt of §1; RL 1945, §4824; RL 1955, §108-4; am L 1959, c 246, §18; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §346-9; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §40]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-11 Unauthorized disclosure or inspection.

§346-11 Unauthorized disclosure or inspection.
Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been acquired from the confidential records or files of the department of human services, intentionally divulges the same other than as authorized by law, or who intentionally and knowingly aids or abets in the inspection of such applications or records by any person unauthorized to inspect the same under this chapter or other provisions of law, shall be guilty of a violation. [L 1941, c 296, pt of §1; RL 1945, §4826; RL 1955, §108-6; HRS §346-11; am L 1970, c 105, §5; am L 1978, c 105, §3; gen ch 1985; am L 1987, c 339, §4]
Case Notes
Confidentiality requirement insufficient to prevent administrative inspection procedures from unconstitutionally intruding into patient's freedom to decide whether to seek aid of psychiatrist and communicate personal information. 481 F. Supp. 1028 (1979).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-12 Hearing.

§346-12 Hearing.
An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by the parties, to the extent allowed by chapter 91, shall be considered in a fair and impartial manner. [L 1941, c 296, §1(8); RL 1945, §4808; RL 1955, §107-8; HRS §346-12; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4; am L 2004, c 207, §1]
Cross References
Hearings, see chapter 91.
Case Notes
Section together with 45 CFR 2505.10, satisfies due process. 66 H. 489, 666 P.2d 1135 (1983).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-13 Attendance and testimony of witnesses.

§346-13 Attendance and testimony of witnesses.
(a) In all hearings or investigations conducted by or initiated at the request of the director of human services or the director's designated subordinate with respect to all matters reasonably related to department functions and programs, the director or the director's designated subordinate shall have the same powers respecting the administering of oaths, compelling the attendance of witnesses, the production of books, papers, documents, or objects deemed relevant to the investigation or inquiry, and examining or causing to be examined witnesses as are possessed by a circuit court and may take depositions and certify to official acts. Books, papers, documents, or objects obtained pursuant to such an investigation or inquiry may be retained by the director or the director's designated subordinate for a reasonable period of time for the purpose of examination, audit, copying, testing, or photographing. The circuit courts upon application by any of such officers shall have power to enforce by proper proceedings the attendance and testimony of any witnesses so subpoenaed and the production of books, papers, documents, or objects. Subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit court. Necessary expenses of or in connection with the hearings or investigations shall be payable from the funds appropriated for expenses of the department of human services.
(b) Upon the written request of the director of human services or a designated subordinate, a financial institution, including but not limited to banks, savings and loan associations, and credit unions, shall furnish the records of accounts, deposits, and withdrawals of any applicant for or recipient of public assistance. Notwithstanding any other law to the contrary, the director shall require every applicant for public assistance to furnish written consent to authorize any financial institution to furnish the records of accounts, deposits, and withdrawals of such applicant. The director at the time of making a written request for information, shall provide to the financial institution written certification that the applicant for or recipient of public assistance has furnished such written consent. The director shall pay a reasonable fee to each such institution, not to exceed the actual cost of providing the information requested. [L 1941, c 296, §1(9); RL 1945, §4809; RL 1955, §107-9; HRS §346-13; am L 1973, c 31, pt of §21; am L 1978, c 105, §4; am L 1984, c 197, §1; gen ch 1985; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-14.3 Guiding principles to be used by state agencies when dealing with children of incarcerated parents.

§346-14.3 Guiding principles to be used by state agencies when dealing with children of incarcerated parents.
The guiding principles to be used by the state agencies when dealing with children of incarcerated parents shall be as follows:
(1) Children should be treated with respect and dignity at all times;
(2) The children's safety and care should be of paramount importance to all involved;
(3) If the children so choose, communication avenues should be made available such that the children should have opportunities to see, speak to, or visit parents, where appropriate;
(4) State support for the children should be provided as resources permit;
(5) The children should be kept safe and informed at the time of the parent's arrest;
(6) The children's wishes should be taken into consideration regarding any decisions made concerning their welfare;
(7) The children's wishes should be taken into consideration when decisions are made about their incarcerated parent;
(8) Children should be well cared for in the absence of an incarcerated parent;
(9) Children should receive proper support during any struggles with the parent's incarceration;
(10) Children should not be judged, blamed, or labeled because of a parent's incarceration; and
(11) Children should receive support for the desire to retain a relationship with an incarcerated parent, where appropriate. [L Sp 2008, c 7, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-14.5 Financial assistance advisory council; established.

§346-14.5 Financial assistance advisory council; established.
(a) There is created within the department for administrative purposes the financial assistance advisory council. The financial assistance advisory council shall be composed of fifteen members appointed by the director. The members of the financial assistance advisory council shall serve at the pleasure of the director and without compensation.
(b) The financial assistance advisory council shall have the function of rendering advice and information to the department on matters relating to financial assistance programs including rendering advice and information for the determination of the amount of benefit payments under sections 346-52, 346-53, and 346-71, including but not limited to temporary assistance to needy families (TANF), temporary assistance to other needy families (TAONF), and general assistance to households without minor dependents. The council shall be advisory and informational in nature only and shall not have the power to adopt rules.
(c) The financial assistance advisory council may request the assistance of professional facilitators and mediators as necessary. [L 1998, c 127, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-16 Definitions.

§346-16 Definitions.
(a) As used in this chapter:
"Child caring institution" means any institution other than an institution of the State, maintained for the purpose of receiving six or more minor children for care and maintenance, not of common parents, apart from their parents or guardians on a twenty-four hour basis for monetary payment. This term shall not apply to any boarding school which is essentially and primarily engaged in educational work.
"Child placing organization" means any person, agency, or organization, except family courts and the department of human services, engaged in the investigation, placement, and supervision of children in foster care.
"Former foster youth" means a person formerly placed under the jurisdiction of the department as a foster child by the family court pursuant to chapter 587A who has attained the age of eighteen while under the placement responsibility of the department or who was under the placement responsibility of the department when a legally responsible caregiver was granted custody.
"Institution of higher education" means any institution normally requiring a high school diploma or equivalency certificate for enrollment, including but not limited to colleges, universities, and vocational or technical schools.
"Prospective adoptive parents" means a person, or persons who are married to each other, applying with the department to adopt a child or children.
"Resource family home" means any boarding home in which:
(1) One or more, but fewer than six, minor children are received; or
(2) Six or more minor siblings are placed together in the best interests of the children,
for care and maintenance apart from their parents or guardians on a twenty-four hour basis for fee or charge.
(b) None of the facilities defined in subsection (a) shall be considered a special treatment facility in the sense of section 321-11(10) unless clinical treatment of mental, emotional or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility. [L 1941, c 296, pt of §1; RL 1945, pt of §4830; am L 1949, c 353, pt of §1; am L 1953, c 153, pt of §5 and c 191, pt of §1; RL 1955, §108-10; am L Sp 1959 2d, c 1, §20; am L 1965, c 232, §1; HRS §346-16; am L 1970, c 105, §5; am L 1980, c 303, §9(1); am L 1981, c 84, §2; am L 1985, c 209, §1; am L 1986, c 297, §1; am L 1987, c 339, §4; am L 1989, c 394, §2; am L 1999, c 152, §1; am L 2000, c 108, §2; am L 2001, c 80, §1; am L 2003, c 95, §9(1); am L 2008, c 198, §1; am L 2010, c 135, §7; am L 2016, c 133, §2]
Note
"Foster boarding home" changed to "resource family home". L 2016, c 133, §2.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-17.3 Motor vehicle insurance. The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to be financially unable to pay the costs, in which case the child's insurance costs shall be paid pursuant to sections 431:10C-407 and 431:10C-410. [L 2010, c 135, pt of §2]

§346-17.3
Motor vehicle insurance.
The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to be financially unable to pay the costs, in which case the child's insurance costs shall be paid pursuant to sections 431:10C-407 and 431:10C-410. [L 2010, c 135, pt of §2]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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).
2023 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]
2023 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.
2023 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).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-44 Recovery of public assistance overpayments.

§346-44 Recovery of public assistance overpayments.
All overpayments of public assistance funds, including but not limited to overissuances of financial assistance, food stamp bonuses under a food stamp plan, medicaid assistance, and incorrect vendor payments in behalf of a recipient, shall constitute a debt due and owing to the department by the recipient of such overpayments. In addition to the remedies elsewhere prescribed in this chapter for the recovery of assistance fraudulently obtained, recovery of all overpayments will be made to the extent allowable by federal regulations.
The department shall promulgate and enforce such rules and regulations as may be necessary to effect the maximum recovery of public assistance overpayments, including but not limited to the reduction of future public assistance grants. Departmental rules and regulations for the recovery of overpayments shall prescribe procedures for recourse to the civil courts when required, the filing of liens against the real property of overpaid recipients, and the filing of claims against the estate of a deceased recipient who has received overpayments which have not been recovered. Nothing in this section shall preclude the director of human services from promulgating procedures for waiving the recovery of overpayments in cases of bona fide hardship or where the costs of recovery would exceed the amount expected to be recovered. [L 1979, c 63, §1; am L 1987, c 339, §4]