reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-45 Confidentiality of court records.

§346-45 Confidentiality of court records.
(a) The court shall maintain records of all adult protective proceedings under this chapter. All court documents and records pertaining to the action or proceeding shall be subject to inspection only by the vulnerable adult, and the vulnerable adult's guardian, conservator, their respective attorneys, the guardian ad litem of the vulnerable adult, and the other parties and their respective attorneys or guardians ad litem.
(b) All other requests for information contained in the confidential record shall be made in writing and shall include the reasons for the request and how the information is to be used and may be granted by the court for good cause. [L 1989, c 381, §2; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §1; am L 2004, c 161, §36; am L 2008, c 154, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-46 Certified nurse aides; training programs and recertification.

§346-46 Certified nurse aides; training programs and recertification.
The director shall:
(1) Approve training programs for nurse aides and ensure that the training programs comply with all applicable federal and state requirements;
(2) Approve and arrange for the recertification process for nurse aides who work in medicare or medicaid certified nursing facilities;
(3) Approve and arrange for the recertification process for nurse aides who work in state-licensed or state-certified health care settings; and
(4) Require recertification not less than every two years. The number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law. [L 2007, c 226, pt of §3; am L 2009, c 108, §2]
Cross References
For related provisions, see §321-13.5 and chapter 457A.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-48 Coverage of ground ambulance services.

§346-48 Coverage of ground ambulance services.
Beginning on January 1, 2020, the State's medicaid programs:
(1) May provide coverage for ground ambulance services pursuant to part XVIII of chapter 321; and
(2) May provide coverage for health care provided by emergency medical services personnel, pursuant to part XVIII of chapter 321;
provided that implementation of this section is dependent on approval by the United States Centers for Medicare and Medicaid Services. [L 2019, c 140, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-51 to 346-62 OLD REPEALED. §346-51 Public assistance and child welfare services administered by department.

§ §346-51 to 346-62 OLD REPEALED.
L 1975, c 145, §1(3).
§346-51 Public assistance and child welfare services administered by department.
The department of human services shall administer public assistance and child welfare services in the several counties except for payments administered under the federal supplemental security income program or its successor agency. No person shall be denied the right to petition the department for additional assistance as established under section 346-53(f). [L 1975, c 145, pt of §1(3); am L 1980, c 120, §2; am L 1983, c 196, §1; am L 1987, c 339, §4 and c 344, §1; am L 2008, c 16, §15]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-51.5 Expenditure of temporary assistance for needy families funds.

§346-51.5 Expenditure of temporary assistance for needy families funds.
(a) Funds received by the State under the temporary assistance for needy families program block grant shall be subject to appropriation by the legislature and shall not be expended by the department without a legislative appropriation.
(b) No later than thirty days before the convening of each regular session, the department shall submit to the legislature:
(1) A plan, developed in consultation with temporary assistance for needy families program heads of households and other community members familiar with such families' situations and needs, that:
(A) Details how the funds received under the temporary assistance for needy families program shall be expended; and
(B) Describes the desired outcomes from the expenditure of the funds;
(2) A report about the continuing strategic planning process, with the assistance of the financial assistance advisory council, to:
(A) Involve the community in planning for the future use of temporary assistance for needy families funds; and
(B) Set annual goals and outcomes for existing and new programs receiving temporary assistance for needy families funds,
pursuant to section 346-14.5; and
(3) A report on the effectiveness and level of success in reaching the desired outcomes under:
(A) Paragraphs (1) and (2); and
(B) Programs from the previous two fiscal years using temporary assistance for needy families funds.
(c) During the interim following the regular session of 2006 and thereafter when the legislature is not in session, the department may receive and expend federal funds related to the temporary assistance for needy families program pursuant to [section] 346-8, subject to approval by the governor, which are supplemental to the temporary assistance for needy families block grant or are obtained competitively under the temporary assistance for needy families program. The department shall submit to the legislature a report no later than twenty days before the convening of each regular session regarding:
(1) Any funds received and expended;
(2) The purposes for which the funds were expended; and
(3) Outcomes achieved,
pursuant to this section. [L 2006, c 302, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-52 Aged, blind, and permanently and totally disabled persons; eligibility for assistance.

§346-52 Aged, blind, and permanently and totally disabled persons; eligibility for assistance.
A person shall be eligible for public assistance who meets the requirements established by the federal supplemental security income program or its successor agency, provided the person is also determined needy in accordance with state standards. [L 1975, c 145, pt of §1(3); gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.2 Temporary assistance for needy families; funding and programs; public comment.

§346-53.2 Temporary assistance for needy families; funding and programs; public comment.
(a) The department, to the extent allowed under section 346-10, shall make all data relating to temporary assistance for needy families funds available to the senate and house of representatives committees having primary jurisdiction over fiscal, health, and human services issues, upon request. The committees shall jointly evaluate the implementation of the state temporary assistance for needy [families] program and program expenditures and make annual recommendations for appropriations.
(b) The legislature may conduct hearings to receive public comment relating to the implementation of the state temporary assistance for needy families program and the optimal expenditure of program funds. The legislature shall determine the number and timing of hearings to be held; provided that if hearings are held, no fewer than one hearing on each island of the State shall be held annually; provided further that the senate and house of representatives committees having primary jurisdiction over fiscal, health, and human services matters shall jointly conduct the public hearings. [L 2005, c 165, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.3 Temporary assistance for needy families and food stamps for individuals with a felony conviction which has as an element the possession, use, or distribution of a controlled substance.

§346-53.3 Temporary assistance for needy families and food stamps for individuals with a felony conviction which has as an element the possession, use, or distribution of a controlled substance.
Section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are complying with treatment or who have not refused or failed to comply with treatment. [L 1997, c 128, §2; am L 1999, c 27, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.4 Reimbursement to expanded adult residential care home operators.

§346-53.4 Reimbursement to expanded adult residential care home operators.
Qualified expanded adult residential care home operators under section 321-15.62 who accept residents certified by the department as requiring skilled nursing facility level care shall be reimbursed based on the severity of the resident's disability. [L 1998, c 132, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.6 Federally qualified health centers; rural health clinics; reimbursement.

§346-53.6 Federally qualified health centers; rural health clinics; reimbursement.
(a) Notwithstanding any law or waiver to the contrary, federally qualified health centers and rural health clinics, as defined in section 1905(1) of the Social Security Act (42 U.S.C. 1396 et seq.), shall be reimbursed in accordance with section 1902(bb) of the Social Security Act, as that section was originally added in 2000 by section 702(b) of Public Law 106-554 and as amended in 2001 by section 2(b)(1) of Public Law 107-121, and services of federally qualified health centers and rural health clinics shall remain mandatory services as provided in sections 1902(a)(10)(A) and 1905(a)(2)(B) and (C) of the Social Security Act.
(b) Reimbursement rates paid to federally qualified health centers may be adjusted if costs exceed 1.75 per cent for changes related to the intensity, duration, or amount of service provided, facilities, regulatory requirements, or other extraordinary circumstances; provided that the federally qualified health center shall submit to the department an adjusted cost report covering a period of the previous two years. The director shall review the filing within a period of sixty days. The period may be extended by the director for an additional period not to exceed thirty days upon written notice to the filer. A filing shall be deemed to be approved unless disapproved by the director within the initial filing period or any extension thereof.
(c) The State may terminate the reimbursement methodology set forth in this section only in the event that changes in the relevant sections of the Social Security Act prohibit this reimbursement methodology. [L 2006, c 297, §2]
Note
L 2006, c 297, §3 provides:
"SECTION 3. The department of health shall provide resources to nonprofit, community-based health care providers for direct medical care for the uninsured, including primary medical, dental, behavioral health care, and ancillary services, including education, follow-up, and outreach, and pharmacy services. Distribution of funds may be on a "per visit" basis, taking into consideration need on all islands."
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.61 Centers for Medicare and Medicaid Services approval.

[ §346-53.61] Centers for Medicare and Medicaid Services approval.
The department shall implement sections 346-53.62, 346-53.63, and 346-53.64, subject to approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. L Sp 2008, c 8, pt of §2
Note
Section effective upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. L Sp 2008, c 8, §9.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-53.65 Appeal.

§346-53.65 Appeal.
A federally qualified health center or rural health clinic may appeal a decision made by the department if the medicaid impact is $10,000 or more, whereupon the opportunity for an administrative hearing under chapter 91 shall be afforded. Any federally qualified health center or rural health clinic aggrieved by the final decision and order shall be entitled to judicial review in accordance with chapter 92 or may submit the matter to binding arbitration pursuant to chapter 658A. [L Sp 2008, c 8, pt of §2]
Note
Section effective upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. L Sp 2008, c 8, §9.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-55.1 Visitation, custody, and support when public assistance paid.

§346-55.1 Visitation, custody, and support when public assistance paid.
Whenever public assistance is paid to or for the benefit of any dependent child, the existence or enforcement of a duty of support owed by a noncustodial parent to such child shall not be affected by a failure or refusal by the custodial parent to implement any right as to custody or visitation granted by a court to the noncustodial parent. [L 1983, c 66, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-56 State reimbursement.

§346-56 State reimbursement.
The department of human services shall comply with all federal requirements pertaining to methods and standards of administration and shall make such rules and regulations and follow such procedures as may be required for the receipt from the federal government of grants or grants-in-aid for public assistance and such administrative costs as are provided in connection therewith. [L 1975, c 145, pt of §1(3); am L 1987, c 339, §4]
Case Notes
Under federal regulations, income tax refund is not "income" for determining need for benefits. 396 F. Supp. 375 (1975).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-57 Loans to applicants for federal supplemental security income.

§346-57 Loans to applicants for federal supplemental security income.
Notwithstanding any laws to the contrary, the department of human services may, out of its operating funds, make loans to any person eligible for public assistance as provided in this chapter who is an applicant for benefits under the federal supplemental security income program or its successor agency subject to the following conditions:
(1) The Federal Bureau of Supplemental Security Income has denied applicant's request for advance payment or finding of presumptive eligibility for supplemental security income;
(2) The loan or loans shall be for a period not to exceed the action of the Federal Bureau of Supplemental Security Income approving or disapproving assistance under its program;
(3) The loan or loans shall bear no interest;
(4) The loan or loans shall not exceed the amount of assistance otherwise available to the applicant under this chapter;
(5) The loan or loans shall be repaid by the applicant out of the retroactive supplemental security income payments, provided that nothing herein shall restrict the federal government from making direct payments to the State for such loan or loans, and provided further that the loan or loans shall be discharged and no repayment shall be required from an applicant whose application for federal supplemental security income assistance has been disapproved;
(6) The applicant shall not be eligible for financial assistance by the department, provided that the applicant shall become eligible for such assistance upon disapproval of the application for federal supplemental security income assistance. [L 1975, c 145, pt of §1(3); am L 1979, c 52, §5; gen ch 1985; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-57.5 Interim assistance reimbursement special fund.

§346-57.5 Interim assistance reimbursement special fund.
(a) There is established in the state treasury the interim assistance reimbursement special fund, to be administered by the department, into which shall be deposited:
(1) Moneys received from the federal government pursuant to section 346-57;
(2) Appropriations made by the legislature to the fund;
(3) Any interest that accrues upon the balance in the fund; and
(4) Any other revenues designated for the fund.
(b) Moneys in the interim assistance reimbursement special fund shall be used for:
(1) State-funded financial assistance payments; and
(2) Programs that support and assist recipients to qualify for supplemental security income.
(c) All unencumbered and unexpended moneys in excess of $3,000,000 in the interim assistance reimbursement special fund shall lapse to the credit of the general fund. Upon dissolution of the special fund, any unencumbered and unexpended moneys remaining on balance in the fund shall lapse to the credit of the general fund.
(d) Moneys in the interim assistance reimbursement special fund may be used for general assistance to households without minor dependents; provided that these moneys shall not be considered by the director in determining the general assistance allowance as set forth in section 346-53(b).
(e) The department shall submit a report to the legislature detailing the amount of, and reason for, any expenditure from the interim assistance reimbursement special fund within ten business days of the expenditure. [L 2015, c 196, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-59.2 Comprehensive breast and cervical cancer control program.

§346-59.2 Comprehensive breast and cervical cancer control program.
(a) There is established the comprehensive breast and cervical cancer control program, to be administered by the department of human services in collaboration with the department of health, to assist women who have been diagnosed with breast or cervical cancer by the Hawaii comprehensive breast and cervical cancer control program, but who are not eligible for federally-funded medicaid coverage as provided by the Breast and Cervical Cancer Prevention and Treatment Act of 2000.
(b) Under the comprehensive breast and cervical cancer control program, the department of human services shall provide state-funded medical assistance, as appropriated by the legislature, to women who are diagnosed with breast or cervical cancer through the Hawaii comprehensive breast and cervical cancer control program, but who are not eligible for federal medicaid coverage; provided that the person either:
(1) Is a resident alien of Hawaii who is not eligible for medicaid; or
(2) Would be eligible under medicaid except that the person has health care coverage that specifically does not provide coverage for cancer treatment.
(c) The department of health shall work collaboratively with the department of human services to assist in and support the screening, education, and outreach process regardless of a woman's eligibility for medicaid coverage.
(d) Under the comprehensive breast and cervical cancer control program, the department of health shall provide state-funded medical assistance, as funded by the legislature, to:
(1) Screen women for breast and cervical cancer;
(2) Educate women regarding the risks associated with breast and cervical cancer; and
(3) Provide outreach to women who are at risk for breast and cervical cancer.
[(e)] The department of health and the department of human services shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the expenditure of all funds for the comprehensive breast and cervical cancer control program. [L 2001, c 278, §2; am L 2008, c 52, § §2, 4]
Revision Note
Subsection (e) was codified to this section pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-59.4 Medical assistance to other children.

§346-59.4 Medical assistance to other children.
The department shall provide state-funded medical assistance, of up to two hundred per cent of the federal poverty level for Hawaii, to persons less than nineteen years of age who are:
(1) Legal permanent residents who arrived after August 22, 1996;
(2) Persons who are permanently residing under color of law; and
(3) Nonimmigrants from the Trust Territories of the Pacific Islands who are citizens of:
(A) The Marshall Islands;
(B) The Federated States of Micronesia; or
(C) Palau,
as defined by the Compact of Free Association Act of 1985, P.L. 99-239, or the Compact of Free Association between the United States and the Government of Palau, P.L. 99-658,
who are otherwise eligible for benefits under the State's medicaid program and the State's children health insurance program, but are ineligible due to restricted eligibility rules imposed by title XXI of the Social Security Act, the Personal Responsibility and Work [Opportunity] Reconciliation Act of 1996, the Compact of Free Association Act of 1985, P.L. 99-239, the Compact of Free Association between the United States and the Government of Palau, P.L. 99-658, or any other provision of federal law denying medical assistance to nonimmigrants who are citizens of the Marshall Islands, the Federated States of Micronesia, or Palau. [L 2000, c 224, §2; am L 2007, c 236, § §4, 14; am L Sp 2009, c 8, §2; am L 2015, c 20, §5]
Law Journals and Reviews
Navigating the Compact of Free Association: Three Decades of Supervised Self-Governance. 41 UH L. Rev. 384 (2019).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-59.5 Enforcement of contracts.

§346-59.5 Enforcement of contracts.
(a) The director may monitor a health plan's performance during any contract period.
(b) In addition to any other administrative or judicial remedy, the director may impose civil or administrative monetary penalties not to exceed the maximum amount established by federal statutes and regulations if the health plan:
(1) Fails to provide medically necessary items and services that are required under law or under contract;
(2) Imposes upon beneficiaries excess premiums and charges;
(3) Acts to discriminate among enrollees;
(4) Misrepresents or falsifies information;
(5) Violates marketing guidelines; or
(6) Violates other contract provisions and requirements.
(c) The director may appoint temporary management to oversee compliance efforts if a health plan continues to engage in violations of contract, law or rules, or if there is a substantial risk to the health of enrollees.
(d) Pursuant to chapter 91, the director may adopt and enforce such rules as may be necessary to carry out the purposes of this section.
(e) The director shall notify the insurance commissioner whenever a sanction under this section is contemplated. [L 1998, c 94, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-59.6 Medicaid overpayment recovery.

§346-59.6 Medicaid overpayment recovery.
The director shall recover medicaid overpayments made to providers. Medicaid overpayments shall be recovered due to a provider's ineligibility, noncovered service, noncovered drug, lack of prior authorization when a service requires one, incorrect payment allowance identified through any post payment review, or claims processing error. The director may recover overpayments through recoupment, tax offset under sections 231-51 to 231-59, and circuit court judgment. Nothing in this section shall limit the director's authority to recover overpayments through all other lawful means.
[L 1998, c 293, §1; am L 2001, c 55, §16]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-59.7 Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon.

§346-59.7 Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon.
(a) The director may file in the circuit court in the jurisdiction in which the medicaid overpayment occurred a certified copy of:
(1) A decision of the director assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor;
(2) A decision of the director assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the director, the administrative appeals officer, or the court that the appeal shall operate as a supersedeas or stay;
(3) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor; or
(4) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the administrative appeals officer or the court that the appeal shall operate as a supersedeas or stay.
The court shall render a judgment in accordance with the decision and notify the parties thereof. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal therefrom.
(b) In all cases in which an appeal from the decision has been taken within the time provided, but in which the director, the administrative appeals officer, or the court has not issued an order that the appeal shall operate as a supersedeas or stay, the decree or judgment of the circuit court shall provide that the decree or judgment shall become void if the decision or award of the director or administrative appeals officer, as the case may be is later set aside.
(c) As used in this section, the term "administrative appeals officer" means the director's designated subordinate appointed to contested case hearings pursuant to chapter 91, and this chapter. [L 1998, c 293, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-60 Group therapy; reimbursement for services.

§346-60 Group therapy; reimbursement for services.
(a) The department shall establish rules pursuant to chapter 91 to permit payment to providers of group therapy services to recipients under this chapter.
(b) For the purposes of this section, "group therapy" shall be defined as psychotherapeutic treatment delivery in which a patient receives treatment as a member of a group of patients receiving similar treatment, involving interaction both between the patient and the practitioner and among patients, and which is supervised by a practitioner licensed under chapters 453 or 465. [L 1976, c 236, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-61 Optometric services, choice.

§346-61 Optometric services, choice.
Whenever visual or optometric services within the lawful scope of practice of a duly licensed optometrist are included in any program, financed with public funds or administered by any public agency, for aid to the indigent, the aged, the legally blind, or any other group or class, the recipient of the aid shall be entitled to choose whether the services are to be performed by a duly licensed physician or by a duly licensed optometrist. Visual or optometric services as used herein include eye and/or visual examination or a correction of any vision or muscular anomaly and the supplying of ophthalmic materials, including contact lenses and subnormal vision aids. [L 1977, c 36, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-62 Examination of blind.

§346-62 Examination of blind.
The department of human services shall not approve an application for public assistance to a blind person until the applicant has been examined by an ophthalmologist, optometrist, or a qualified physician designated by it to make such examinations. The examining person shall certify to the department the diagnosis, prognosis, and visual acuity of the applicant. Certification shall be in forms prescribed by the department. [L 1977, c 36, pt of §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-63 Social services.

§346-63 Social services.
(a) The department shall adopt rules to provide social services pursuant to the Social Security Act, as amended, to eligible persons who are residents of the State. Such rules shall include provisions to permit payment for social services received by recipients from individuals, organizations, or other public or private agencies, and to enable the recipients to satisfy statutory requirements of state and federal tax and employment insurance programs.
(b) The department may contract for the purchase of social services to be performed for the benefit of eligible recipients from individuals, organizations, and private or public agencies, or to reimburse an eligible recipient for department authorized social services obtained directly from individuals. Persons performing authorized social services obtained directly by the recipient shall not be considered employees of the State. The rate of payment for social services obtained directly by the recipient from an individual who is not self-employed shall reflect the recipient's obligation under state and federal tax and employment insurance laws. [L 1978, c 110, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-64.5 Eligibility for chore services. (a) An applicant for chore services shall be eligible when the applicant meets program requirements for chore services and income eligibility standards as established by the department of human services. Income eligibility standards shall include individuals who have been found eligible for medical assistance under the department's medicaid program. (b) For the purposes of this section, "chore services" means essential housecleaning and related activities such as marketing, cooking, and cleaning. [L 1988, c 208, §1] Cross References Medicaid home and community-based waiver programs, see chapter 346D.

§346-64.5
Eligibility for chore services.
(a) An applicant for chore services shall be eligible when the applicant meets program requirements for chore services and income eligibility standards as established by the department of human services. Income eligibility standards shall include individuals who have been found eligible for medical assistance under the department's medicaid program.
(b) For the purposes of this section, "chore services" means essential housecleaning and related activities such as marketing, cooking, and cleaning. [L 1988, c 208, §1]
Cross References
Medicaid home and community-based waiver programs, see chapter 346D.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-65 Child abuse and neglect discretionary emergency assistance.

§346-65 Child abuse and neglect discretionary emergency assistance.
(a) The department may grant funds to a family for child abuse and neglect discretionary emergency assistance in accordance with this section. The purpose of these grants is to assist children and families when an emergency situation arises or is imminent which may cause child abuse or neglect or has caused children and families to need assistance from the department pursuant to chapter 587A, and the financial assistance may prevent the abuse or neglect, prevent the removal of a child from a family, or would meet the immediate needs of a child who has been removed from a family.
(b) Emergency assistance shall be authorized when:
(1) A situation arises or is imminent which presents an immediate or imminent threat of child abuse or neglect or has caused children and families to need assistance from the department pursuant to chapter 587A;
(2) The family is eligible for public assistance or has no available financial resources;
(3) Financial assistance may eliminate or alleviate the situation and remove the immediate or imminent threat of child abuse or neglect; and
(4) No other financial resources are available from within the family or from other public or private source which could be used to eliminate or alleviate the situation.
(c) Emergency assistance may be used for shelter, respite child care, clothing, transportation, medical costs, utilities, food, repairs, essential equipment, and other goods or services which in the discretion of the department are necessary to eliminate or alleviate the emergency situation.
(d) A family shall not be granted more than $1,000 in emergency assistance during one fiscal year; except that under an exceptional situation as determined by the director, a family may be granted not more than $2,000 during one fiscal year.
(e) For the purposes of this chapter only, emergency assistance shall not be considered income to the head of household or family nor as part of the family's assistance allowance. [L 1986, c 160, §1; am L 1988, c 327, §4; am L 2010, c 135, §7]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-66 Psychological services.

§346-66 Psychological services.
When the health care or rehabilitative services authorized under this chapter are services which a psychologist is licensed to render under chapter 465, the department shall not require referral, direction, or prescription of services by another health care practitioner. [L 1987, c 290, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-67 Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.

§346-67 Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.
(a) Public assistance recipients in this State who receive medical assistance pursuant to this chapter shall be allowed coverage for medical foods and low-protein modified food products for the treatment of an inborn error of metabolism; provided that the medical food or low-protein modified food product is:
(1) Prescribed as medically necessary for the therapeutic treatment of an inborn error of metabolism; and
(2) Consumed or administered enterally under the supervision of a physician or osteopathic physician licensed under chapter 453.
The department shall adopt rules pursuant to chapter 91 to effectuate this subsection.
(b) All health maintenance organizations and prepaid health plans with which the department executes risk contracts for the provision of medical care to eligible public assistance recipients shall provide notice to their members regarding the coverage required by this section. The notice shall be in writing and prominently placed in any literature or correspondence sent to members and shall be transmitted to members within calendar year 2000 when annual information is made available to members, or in any other mailing to members, but in no case later than December 31, 2000.
(c) For the purposes of this section:
"Inborn error of metabolism" means a disease caused by an inherited abnormality of the body chemistry of a person that is characterized by deficient metabolism, originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate, or fat.
"Low-protein modified food product" means a food product that:
(1) Is specially formulated to have less than one gram of protein per serving;
(2) Is prescribed or ordered by a physician or osteopathic physician as medically necessary for the dietary treatment of an inborn error of metabolism; and
(3) Does not include a food that is naturally low in protein.
"Medical food" means a food that is formulated to be consumed or administered enterally under the supervision of a physician or osteopathic physician and is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. [L 1999, c 86, §1; am L 2009, c 11, §45]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-68 Bridge to hope program; transitional benefits.

§346-68 Bridge to hope program; transitional benefits.
(a) There is created within the department a post-secondary education benefits program, to be known as the bridge to hope program, for heads of households in the first-to-work program.
(b) To receive assistance under this program, the participant shall:
(1) Be enrolled as a student each term in an approved course of study including, but not limited to, vocational education;
(2) Maintain passing grades or better throughout the course of study; and
(3) Meet work activity requirements as defined by the department.
(c) Internships, externships, practicums, or any other work training required by the course of study shall count toward the recipient's work requirement.
(d) The department shall adopt rules in accordance with chapter 91 to carry out the purpose of this section. [L 2000, c 276, §2; am L 2008, c 82, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-69 Welfare safety net program; department of human services.

§346-69 Welfare safety net program; department of human services.
The department of human services may create a welfare safety net program entitled "Keeping Hope Alive" to assist working families that will be disqualified from receiving further public assistance as a consequence of reaching the five-year time limit set by the federal Personal Responsibility and Work Opportunity [Reconciliation] Act of 1996. [L 2001, c 150, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-70 Medical assistance for other pregnant women.

§346-70 Medical assistance for other pregnant women.
(a) The department may provide state-funded medical assistance to a pregnant woman age nineteen years of age or older whose countable family income does not exceed one hundred and eighty-five per cent of the federal poverty level for a family of applicable size, including the expected unborn children. The pregnant woman shall be:
(1) A legal immigrant who entered the United States on or after August 22, 1996; and
(2) Otherwise eligible for benefits under the State's medicaid program but is prohibited from participating in any medical assistance program under title XIX of the Social Security Act for a period of five years beginning on the date of her entry into the United States, due to restricted eligibility rules imposed by title XIX of the Social Security Act and the Personal Responsibility and Work [Opportunity] Reconciliation Act of 1996.
(b) Once determined eligible for medical assistance under this section, the pregnant woman shall continue to be eligible throughout her pregnancy and through the last day of the calendar month in which the sixty-day period following childbirth ends.
(c) Assets shall not be evaluated for eligibility purposes.
(d) The director shall adopt rules pursuant to chapter 91 to determine eligibility for medical assistance. [L 2004, c 160, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-72 Applications.

§346-72 Applications.
Applications for general assistance to households without minor dependents shall be made by the applicant or by someone acting in the applicant's behalf in the manner, place, and form prescribed by the department of human services. [L 1941, c 296, pt of §1; RL 1945, §4864; RL 1955, §108-42; HRS §346-72; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4; am L 1997, c 200, § §8, 11; am L 1998, c 127, §5]
Case Notes
Regulations providing that applications be processed within a stated period require good faith compliance that is reasonable in view of the resources available to the department to carry out welfare functions. 54 H. 125, 504 P.2d 1217 (1972).
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-74 Representative payee.

§346-74
Representative payee.
(a) Persons determined to be eligible under section 346-71 because they have a primary diagnosis of substance abuse shall have their benefits issued through a representative payee. The representative payee shall be designated by the department of health.
(b) Persons whose eligibility is not determined until after December 1, 1995, shall have their benefits issued through a representative payee. Persons whose eligibility has been determined prior to December 1, 1995, shall have their benefits issued through a representative payee when recertified.
[(c)] The department of health shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, detailing the money expended during the year on the representative payee program and providing general demographic data, such as age, ethnicity, gender, and geographic residence, of the people served by the program. [L 1995, c 207, § §2, 5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-81 to 346-85 REPEALED.

Cross References
Medicaid home and community-based waiver programs, see chapter 346D.
A. Day Care Center--Repealed
§ §346-81 to 346-85 REPEALED.
L 2012, c 93, §7.
Cross References
For present provisions, see chapter 321, part XXXIX.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-101 Findings and purpose.

§346-101 Findings and purpose.
The legislature finds that:
(1) The magnitude of Hawaii's welfare situation, either in terms of people or in terms of dollar costs, is staggering;
(2) The present welfare environment can be attributed to many variables such as, the change in society's attitude toward welfare, poverty, and public assistance to a greater acceptance and assuming of greater responsibility and the ever-increasing rate in the population of the State;
(3) While the State must do what it can, viable solutions to the State's welfare crisis must be found;
(4) In view of the aforementioned factors, perhaps one solution lies in the establishment of a public service employment program;
(5) There is a supply of unemployed or underemployed persons receiving general assistance payments from the State who are available for public service employment;
(6) There also exists a substantial number of unmet public needs, including environmental concerns such as, development, landscaping and beautification of highways, parks, hiking trails, botanical gardens, beaches and restoration of historic sites; and
(7) A meaningful program of public service employment could serve persons receiving general assistance payments as well as the residential population of the State and at the same time alleviate some of the burden on the present welfare rolls.
The purpose of this part is to establish public service employment to assist in alleviating the unemployment of general assistance recipients as well as meeting some of the urgent public service needs that exist by having these individuals perform meaningful and productive services of the State which cannot otherwise be met. Public service employment will also assist the department of human services in determining whether a general assistance recipient should be eligible for public assistance for refusal to participate without a justifiable reason. [L 1973, c 177, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-102 Public service employment; established.

§346-102 Public service employment; established.
(a) The department of human services shall be responsible for providing employment on public works projects as defined in section 346-71, for persons:
(1) Receiving full or partial public assistance from the State;
(2) Receiving unemployment compensation benefits from the State whose benefits thereunder are within the last two weeks of eligibility and who upon termination of unemployment compensation benefits will be eligible for full or partial public assistance from the State; or
(3) Who reside on an island where the primary economic base providing employment for such persons is lost or is in danger of being lost.
Public assistance recipients participating in public service employment shall be considered to be employees of the department; provided however that except for coverage under the workers' compensation law, laws relating to civil service, classification, retirement, vacation, sick leave, and other matters relating to regular public employees shall not apply to such persons.
(b) The department shall promulgate rules under chapter 91 necessary to carry out the purposes of public service employment, including but not limited to the following:
(1) The employment of public assistance recipients shall not displace any state or county employee or any individual performing work for the State or county on a contractual basis;
(2) The minimum period of employment shall not be less than four calendar weeks; and
(3) There shall be no discrimination based on race, color, creed, sex, age, religion, or national origin. [L 1973, c 177, pt of §2; am L Sp 1974, c 1, §2; am L 1975, c 41, §1; am L 1987, c 339, §4]
Revision Note
In subsection (a)(1), "or" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-103 Wages or salaries of public service employment.

§346-103 Wages or salaries of public service employment.
Any person in occupations of public service employment shall receive the prevailing rate of compensation for persons employed in similar public employment. If no prevailing rate exists, the director of human services shall determine the wage or salary; provided that no wage or salary for occupations of public service employment shall be less than the minimum wage as provided in section 387-2. [L 1973, c 177, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-104 Refusal to work; ineligibility for public assistance.

§346-104 Refusal to work; ineligibility for public assistance.
The department shall adopt rules pursuant to chapter 91 rendering any person ineligible for public assistance if the person refuses to accept suitable work as provided by public service employment without justifiable reason. [L 1973, c 177, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-141 Purpose.

Law Journals and Reviews
State-Created Immigration Climates and Domestic Migration. 38 UH L. Rev. 181 (2016).
§346-141 Purpose.
The purpose of this part is to assist a qualified person to return to the person's homeland. [L 1980, c 276, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-142 Definitions.

§346-142 Definitions.
As used in this part:
"Alien" means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States.
"Homeland" means the country in which a person was born.
"Naturalized citizen" means a person who was not born in the United States, but who has the rights and privileges of a citizen bestowed upon the person by law.
"Qualified person" means an alien or naturalized citizen of the United States who:
(1) Is a resident of the State of Hawaii;
(2) Is sixty years of age or older;
(3) Is eligible to receive or receives financial assistance under this chapter on the date of the application for transportation assistance under this part.
"Transportation assistance" means the amount determined by the director under section 346-145. [L 1980, c 276, pt of §2]
Revision Note
Pursuant to §23G-15:
(1) Numeric designations deleted and punctuation changed; and
(2) In the definition of "qualified person", paragraphs redesignated and in paragraph (3), "and" deleted.