reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-12 - Group hearings

Current through June, 2024
A series of individual requests for a hearing may be
				  consolidated into a single group hearing when the sole issue involved is one of
				  state or federal law or policy, or changes in state or federal law. Each
				  individual shall be permitted to present the individual's own case or be
				  represented by an authorized representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-13 - Hearing decision

Current through June, 2024
(a) All matters
				relating to the hearing shall be heard and disposed of within ninety calendar
				days from the date of request for a hearing except when the hearing is
				continued or the record is held open as specified in section 17-1402-11. The
				time limit shall be extended only for the period of the continuance.
(b) Unless the record is held open for
				additional documentary evidence, after closing the hearing, the hearing officer
				shall prepare the decision in writing. The decision shall contain a statement
				concerning the claimant's right to judicial review, the reasons for the
				decision, the evidence, and the rules supporting the decision. A copy of the
				written decision shall be provided the claimant or the authorized
				representative and the adult and community care services branch.
(c) The transcript, recording, or an official
				record containing the substance of the hearing proceedings, together with all
				papers filed in the proceeding and the hearing officer's decision shall
				constitute the exclusive record and shall be maintained in the hearing office.
				The record shall be made available to the claimant or the authorized
				representative during normal business hours through the hearing
				office.
(d) The unit shall comply
				with the hearing decision immediately upon receipt of the decision.
(1) When the hearing decision is favorable to
				the claimant, the unit shall promptly make necessary corrective payments,
				retroactive to the date the incorrect action was taken, and shall notify the
				hearing office, in writing, of the action and the date the action was
				taken.
(2) If the hearing decision
				is in favor of the claimant on the issue involved but, for technical reasons
				such as computer problems, immediate corrective payments are not made, the
				notice to the hearing officer shall include a statement of why the unit could
				not immediately comply with the decision.
(3) The hearing officer shall review the
				notice to assure that the unit has correctly complied with the
				decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-14 - Decisions pending over ninety days

Current through June, 2024
(a) When a final
				decision has not been made and implemented within ninety calendar days of the
				request, the department shall restore any amount by which the individual's
				monthly assistance had been reduced, grant any assistance which had been
				denied, or restore or grant any service which was reduced or denied, if the
				individual is not already receiving aid paid pending. When the hearing decision
				is pending over ninety days, aid paid shall be determined in accordance with
				subsections (d) and (e).
(b) The
				hearing officer shall notify the social services worker orally on the
				ninety-first day when a final decision is not reached within ninety days. If
				the ninety-first day falls on a weekend or holiday, the ninety-first day shall
				then be the working day following the weekend or holiday. A written
				confirmation shall be sent within three working days.
(c) In situations where a claimant has
				requested or is otherwise responsible for a delay in the hearing process, the
				time period shall be tolled only for the period of the delay.
(d) The social services worker shall review
				current need and eligibility factors exclusive of the issue on appeal. If the
				claimant is found to be currently eligible, the amount of help by which the
				monthly assistance was reduced or denied shall be restored or provided from the
				ninety-first day within five working days after oral notice is received from
				the hearing officer. The following action shall be taken to restore the
				assistance or social services:
(1) When
				assistance is denied or payment terminated, the amount of assistance shall be
				determined as follows:
(A) When the
				ninety-first day is between the first and fifteenth day of the month, the
				monthly assistance payment shall be provided; or
(B) When the ninety-first day is between the
				sixteenth and the end of the month, one-half the monthly assistance payment
				shall be provided;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-15 - Recovery of aid paid pending

Current through June, 2024
(a) Aid paid
				pending a hearing decision from the date aid paid pending begins through the
				ninetieth day shall be recoverable by the department if the department's action
				is sustained. For social services, the overpayment and recoupment provisions of
				chapter 17-1416 shall apply.
(b)
				If, for reasons other than a settlement negotiated by the state attorney
				general's office, the individual withdraws or abandons the request as specified
				in section 17-1402-9, the department shall recover the aid paid pending the
				hearing decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1403 - AVAILABILITY AND COST OF ADMINISTRATIVE RULES › Section 17-1403-2 - Definitions

Current through June, 2024
As used in this chapter:
"Administrative rules" means the department's administrative
				  rules on file with the Lieutenant Governor's office.
"Custodian" means any organization or individual, not a
				  public agency or officer, responsible for centrally locating the administrative
				  rules and making the rules publicly accessible to a substantial number of the
				  population served. The agencies and organizations shall accept responsibility
				  for filing all amendments and changes forwarded by the department.
"Program development office" means the state office that
				  administers the adult protective and community services programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1403 - AVAILABILITY AND COST OF ADMINISTRATIVE RULES › Section 17-1403-3 - Availability of administrative rules

Current through June, 2024
(a) The
				administrative rules shall be made available to individuals and organizations
				for review, study, or reproduction on regular workdays during regular office
				hours.
(b) Custodians shall make
				the administrative rules available for public review.
(c) The administrative rules shall be
				available upon request through the following offices:
(1) Program development office on Oahu;
				and
(2) Adult protective and
				community services offices on each island.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1403 - AVAILABILITY AND COST OF ADMINISTRATIVE RULES › Section 17-1403-4 - Cost of administrative rules

Current through June, 2024
(a) The department
				shall deposit, without charge, seven copies of the administrative rules of the
				department with the state publications distribution center and one copy with
				the University of Hawaii.
(b) Upon
				request, copies of specific sections of the administrative rules shall be
				provided without charge to a claimant, as defined in chapter
				17-1402, or the claimant's legal
				representative who requires specific sections of the administrative rules to
				determine whether an administrative hearing should be requested or to prepare
				for a hearing.
(c) Upon request,
				copies of the administrative rules shall be provided without charge to state or
				county agencies and officers, and public agencies and officers outside the
				State.
(1) State or county agencies or
				officers, and public agencies and officers outside the State entitled to a free
				copy of the department's administrative rules shall be placed on the mailing
				list of the program development office.
(2) State or county agencies or officers, and
				public agencies and officers outside the State placed on the mailing list shall
				be responsible to notify the program development office when the issuances are
				no longer needed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1404 - FRAUD PROVISIONS › Section 17-1404-2 - Definitions

Current through June, 2024
As used in this chapter: "Fraud" means a knowing false
				  statement or misrepresentation of a fact which results in the receipt of a
				  benefit that would not otherwise result without the false statement.
For example, failing to report employment income is
				  fraudulent when a recipient or other party knowingly makes a false statement
				  such as "no income" or "no employment" to receive public assistance benefits
				  that the recipient would not otherwise receive if the recipient reported the
				  recipient's income.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1404 - FRAUD PROVISIONS › Section 17-1404-3 - Investigation of suspected fraud

Current through June, 2024
(a) The department
				shall identify situations in which there are questions of suspected fraud such
				as, but not limited to, a recipient's receiving financial assistance, food
				stamps, or social services to which the individual is not entitled through
				wilfully misrepresenting circumstances or intentionally concealing information
				from the department.
(b) The
				department's investigations office shall
,
as
				appropriate, investigate suspected fraud and may refer these cases to law
				enforcement officials.
(c) The
				methods of investigation shall not infringe on the legal rights of the persons
				involved and shall afford these individuals due process of law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Section 17-1416-1 - Purpose

Current through June, 2024
(a) The purpose of this chapter shall be to
				establish the general conditions for the provision and receipt of social
				services identified in chapters 17-1417 to 17-1421.
(b) Specific social service program
				requirements shall be identified in chapters 17-1417 to 17-1421.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Section 17-1416-2 - Goals of social services

Current through June, 2024
Social services shall be directed at helping eligible
				  persons:
(1) Achieve or maintain
				economic self-support to prevent, reduce, or eliminate dependency on public
				assistance;
(2) Achieve or maintain
				self-sufficiency, including reduction or prevention of dependency;
(3) Prevent or remedy abuse, neglect, or
				exploitation of dependent adults unable to protect their own
				interests;
(4) Prevent or reduce
				inappropriate institutional care by providing for community-based care,
				home-based care, or other forms of less intensive care; or
(5) Secure admission to institutional care
				when other forms of care are not appropriate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Section 17-1416-3 - Definitions

Current through June, 2024
For the purpose of chapters 17-1416 to 17-1421:
"Application" means a specific request made by an individual
				  for social services for the individual or on behalf of another person.
"Family" means one or more adults and children, if any,
				  related by blood, marriage, or adoption, who reside in the same household.
				  Related adults other than spouses, unrelated adults residing together, and
				  adults participating in the department's medicaid waiver programs shall each be
				  considered separate family units.
"Primary recipient" means an eligible individual for whom a
				  specific goal is established and who is provided specified social services in
				  order to achieve that goal.
"Purchase of service provider" means an agency or
				  organization which offers social services on behalf of the department under the
				  terms of a valid written contract.
"Relative" means father, mother, brother, sister,
				  stepfather, stepmother, stepbrother, stepsister, half brother, half sister,
				  uncle, aunt, uncle half blood, aunt" half blood, grandfather, grandmother,
				  great grandfather, great grandmother, first cousin, niece, nephew, including
				  the spouse of any of the above, even though the marriage ended in divorce or
				  death.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Section 17-1416-4 - Range of social services

Current through June, 2024
The department shall provide a range of services to eligible
				  individuals in accordance with the State's current social services block grant
				  report of intended use and with provisions of the social services programs
				  specified in chapters 17-1417 to 17-1421.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Section 17-1416-5 - Methods of service provision

Current through June, 2024
(a) Services shall
				be provided to eligible individuals directly by department staff or by purchase
				of service providers. Services provided by purchase of service providers shall
				be limited by the terms, scope, and funding specified in the purchase of
				service contracts.
(b) Specific
				services such as chore services may also be provided by individuals or agencies
				through independent arrangements made by the recipient. In these instances, the
				department shall reimburse the eligible recipient for the cost incurred in
				securing the services according to the department's payment rates for the
				service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-9 - Declaration of need for services

Current through June, 2024
(a) All persons
				  wishing to apply for social services shall be given the opportunity to do
				  so.
(b) The application shall be in
				  writing on a form prescribed by the department. The form shall be dated and
				  signed under penalty of perjury and shall include all information needed by the
				  department necessary to establish eligibility for the services.
(1) The application form shall be signed by
				  one of the following persons:
(A) The
				  applicant;
(B) A representative
				  authorized by the applicant; or
(C)
				  When the applicant is incompetent or incapacitated, by someone acting
				  responsibly for the individual, including department staff.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-10 - Applicant as primary source of information

Current through June, 2024
(a) The
				  applicant shall be the primary source of information in determining eligibility
				  and need for initial and continuing receipt of services.
(b) The applicant or the applicant's
				  authorized representative shall provide the department with the necessary
				  information in writing on the department's prescribed application form to:
(1) Establish eligibility for social
				  services; and
(2) Identify the
				  nature or type of services needed from the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-11 - Handling applications

Current through June, 2024
(a) When the
				  application is received for social services which have available resources, the
				  date of application shall be the date the signed application form is received
				  by the department, except for services provided without regard to
				  income.
(b) Upon receipt, the
				  application shall be assigned to a worker for a determination of:
(1) The applicant's eligibility for social
				  services according to departmental eligibility requirements;
(2) The nature of the problem as stated by
				  the applicant;
(3) Whether the
				  identified problem may be appropriately addressed by services offered by the
				  department;
(4) Which of the
				  department's services may best meet the applicant's problem;
(5) The service goals of the applicant;
				  and
(6) The need to inform the
				  applicant of and refer the applicant to other community resources if
				  appropriate, in order to:
(A) Provide freedom
				  of choice for the applicant; and
(B) Help the applicant secure services not
				  provided by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-12 - Disposition of application

Current through June, 2024
The department shall dispose of applications by taking one
					 of the following actions:
(1)
				  Applicants shall be determined eligible for social services when:
(A) All required forms and verifications
				  submitted to the department:
(i) Are received
				  within thirty days of the date of application; and
(ii) Contain all information necessary for
				  determining eligibility; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-13 - Time limits for application disposition

Current through June, 2024
(a) The disposition
				  of all applications for social services provided by the department shall be
				  made within thirty calendar days from the date of application.
(b) For applicants determined eligible,
				  services shall be initiated or arranged within:
(1) Fifteen calendar days after the decision
				  on eligibility has been made; or
(2) Thirty calendar days after date of the
				  application.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-14 - Notice to the applicant of application disposition

Current through June, 2024
(a)
				  The department shall notify applicants about the application disposition within
				  fifteen calendar days after the department makes a decision.
(b) The applicant shall be sent a written
				  notice that contains a statement of the action taken, the reasons for the
				  action, the specific rules supporting the action, and of the right to appeal
				  the department's decision through established fair hearing
				  procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-15 - Presumptive eligibility

Current through June, 2024
(a) Any applicant
				  not determined eligible or ineligible by the thirtieth day from the date of
				  application shall be determined presumptively eligible for the social service
				  for which the individual applied effective the thirty-first day from the date
				  of application.
(b) A determination
				  of presumptive eligibility shall not constitute a final disposition. The
				  application shall be processed and disposition of the application shall be made
				  as soon as possible. The applicant shall remain presumptively eligible until
				  the application is either approved or denied. The applicant shall be informed
				  of the decision.
(c) On the
				  thirty-first day from the date of application, the department shall send a
				  written notice of presumptive eligibility to all applicants who have not been
				  notified of approval or denial.
(d)
				  The cost of services for which the application was made shall be authorized for
				  services received beginning the thirty-first day until presumptive eligibility
				  is no longer effective when:
(1) The
				  applicant submits to the department a bill or receipt for payment within thirty
				  days of the date indicated on the bill or receipt; and
(2) The amount paid does not exceed the
				  department's rate of payment for the kind of service received.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-1416-16 - Rieht to a fair hearing

Current through June, 2024
Every applicant or reeipient shall be informed in writing
					 at the time a decision is made regarding a social service application or
					 reguest for additional Servicesand at the time of any department action
					 affecting the service the reeipient is reeeiving:
(1) Of the applicant's or reeipient's right
				  to a fair hearing;
(2) Of the
				  method for obtaining a hearing as speeified in chapter 17-1402; and
(3) That the applicant or reeipient may be
				  represented by legal counsel, relatives, a friend, any other spokesperson the
				  applicant or reeipient chooses, or that the applicant or reeipient may be
				  seif-represented.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 2 - GENERAL ELIGIBILITY REQUIREMENTS › Section 17-1416-20 - Eligibility requirements for social services

Current through June, 2024
In order to be determined eligible for specific social
					 services, individuals and families shall meet the following
					 requirements:
(1) Program eligibility
				  requirements as specified in chapters 17-1417 to 17-1421; and
(2) Income eligibility requirements as
				  follows:
(A) Income maintenance status for
				  individuals or families who are:
(i)
				  Recipients of or eligible for supplemental security income; or
(ii) Recipients of or eligible for medical
				  assistance under the department's medicaid program; or
(iii) Recipients of or eligible for financial
				  assistance from the department; or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 2 - GENERAL ELIGIBILITY REQUIREMENTS › Section 17-1416-21 - Establishment and implementation of the service Plan

Current through June, 2024
(a)
				  The department shall establish with the client a service plan which shall be
				  recorded and shall include:
(1)
				  Identification of the problem as presented by the client;
(2) Goals to be achieved:
(A) Self-support;
(B) Self-sufficiency;
(C) Protection;
(D) Prevention or reduction of premature or
				  inappropriate institutional care; and
(E) Institutional care; and
(3) Barriers that stand in the way
				  of achieving goals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 4 - AUTHORIZATION FOR SERVICE › Section 17-1416-32 - Service authorization

Current through June, 2024
(a) The department
				  shall provide Services only as part of a social service plan for individuals
				  and families meeting the eligibility requirements for specific Services subject
				  to the availability of resources.
(b) The social service plan shall include
				  only those Services which are described in chapters 17-1417 to 17-1421 as being
				  available through the department.
(c) The Services shall be authorized by the
				  department social worker and shall be for a predetermined period during which
				  Services are necessary. Services authorized shall not cover a period prior to
				  the actual date on which the individual or family was determined eligible for
				  the service.
(d) No payment shall
				  be made for Services which are not included in the service plan and which are
				  provided the recipient without prior written authorization of the
				  department.
(e) Payment for
				  Services shall be provided:
(1) Through cash
				  payment, directly to the recipient after service is received;
(2) By purchase order payment made on behalf
				  of the recipient directly to a vendor with a written purchase agreement with
				  the department; or
(3) By purchase
				  of service payment made on behalf of the recipient directly to a purchase of
				  service provider.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-36 - Request for additional services

Current through June, 2024
(a) There shall be
				  written documentation of a recipient's request for services in addition to the
				  services the recipient is already receiving. The documentation may be:
(1) A written request completed by the
				  recipient; or
(2) A recording of
				  the request by departmental staff.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-37 - Redetermination of eligibility for social services

Current through June, 2024
(a) The
				  department shall redetermine income and program eligibility for continued
				  social services:
(1) When information is
				  obtained that there are anticipated changes in the individual's or family's
				  situation;
(2) Promptly, not to
				  exceed thirty days, after information is received that changes have occurred in
				  the individual's or family's circumstances which may result in ineligibility
				  for services; and
(3) At least once
				  every year from the month eligibility for service was determined,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-38 - Confidentiality

Current through June, 2024
The provisions of chapter 17-1401 shall be applicable to
					 the specific services identified in chapters 17-1416 to
					 17-1421.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-39 - Reporting changes

Current through June, 2024
(a) Social service
				  recipients shall be responsible to report to the department within thirty days
				  of occurrence any changes in:
(1) Income
				  maintenance status as specified in section 17-1416-20(2)(A);
(2) Address, including:
(A) Place of residence; and
(B) Mailing address;
(3) Family member size;
(4) Marital status;
(5) Providers of the service the recipient is
				  receiving; and
(6) Circumstances
				  which may affect the recipient's eligibility for continuing services,
				  including, but not limited to:
(A) Changes in
				  number of hours of service required;
(B) Changes in hours of employment;
				  and
(C) Anticipated changes in the
				  individual's situation which may affect the individual's eligibility for
				  continued services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-40 - Overpayments and recoupment

Current through June, 2024
(a) An overpayment
				  shall occur when a recipient receives social service cash payments or receives
				  social services through a purchase of service provider to which the person is
				  not entitled.
(b) Overpayments
				  shall be collected from the individual in the following manner:
(1) As a refund from the currently available
				  social service cash payment at a rate of ten per cent of the monthly social
				  service payment for individuals who continue to be eligible for social service
				  costs; or
(2) As a reduction in the
				  current monthly service hours being authorized from the purchase of service
				  provider at a rate of ten per cent for individuals who continue to be eligible
				  for social services; or
(3)
				  Recovered for the department by the investigations office (INVO) for
				  individuals who are no longer eligible for cash payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 5 - OTHER PROVISIONS › Section 17-1416-41 - Claim against the estate of a deceased recipient

Current through June, 2024
(a)
				  If a recipient dies leaving an estate and does not have a surviving spouse,
				  child, father, mother, grandfather, grandmother, grandchild, stepfather,
				  stepmother, or designated heir, the department may file a claim against the
				  estate for the amount of social service benefits provided the deceased
				  recipient.
(b) If a recipient
				  fraudulently received social service benefits because of the recipient's
				  withholding of information, the department may file a claim against the estate
				  of the deceased recipient, notwithstanding subsection (a), for the amount of
				  social service benefits overpaid.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 6 - TERMINATION, SUSPENSION, OR REDUCTION OF SERVICE › Section 17-1416-44 - Advance notice of action to terminate, suspend, or reduce social services

Current through June, 2024
(a) The department
				  shall give timely and adequate notice prior to initiating action to terminate,
				  suspend, or reduce social services unless the provisions of subsection (d)
				  apply. Under this requirement:
(1) "Timely"
				  means that:
(A) The department shall mail a
				  written notice at least ten days prior to the effective date of action. The
				  date of action shall be the date on which services shall be terminated,
				  reduced, or suspended; and
(B) When
				  the department obtains facts indicating need for the action because of probable
				  fraud, the department shall mail a written notice at least five days before
				  social service is actually terminated, suspended, or reduced. Where possible,
				  these facts shall have been verified through collateral sources; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1416 - GENERAL PROVISIONS FOR SOCIAL SERVICES › Subchapter 6 - TERMINATION, SUSPENSION, OR REDUCTION OF SERVICE › Section 17-1416-45 - Basis for reduction or termination of services

Current through June, 2024
(a) Services
				  shall be reduced or terminated when one or more of the following occurs:
(1) When it is determined that the individual
				  is ineligible for continued services;
(2) The recipient moves and leaves no
				  forwarding address or the recipient's whereabouts are unknown;
(3) The service is no longer included in the
				  department's scope of service;
(4)
				  The recipient is unwilling or unable to make constructive use of the
				  service;
(5) The department social
				  worker has determined that the recipient's need for the service has
				  decreased;
(6) The purchase of
				  service provider no longer has a valid contract with the department to provide
				  the service;
(7) The recipient
				  requests termination of services;
(8) The recipient leaves the State;
(9) The recipient dies; or
(10) The department lacks available funds to
				  provide services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-1 - Purpose

Current through June, 2024
Adult day care services shall be for the purpose of
				  providing disabled adults a sheltered setting and specified activities. The
				  sheltered setting and activities shall support and promote the adult's level of
				  functioning and ability to remain or be maintained safely in the community
				  outside institutions and other care facilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-2 - Goals

Current through June, 2024
Adult day care services for disabled adults shall be
				  provided in accordance with the following goals:
(1) To prevent or reduce Inappropriate or
				premature institutional care by providing community-based care; and
(2) To prevent or remedy neglect, abuse or
				exploitation of adults who are unable to independently protect their own
				interests.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-3 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Disabled adult" means an adult who has been determined to
				  have a physical or mental disability.
"Adult day care center" means a licensed facility maintained
				  and operated by an individual, organization, or agency for the purpose of
				  providing regular care which includes supportive care to four or more disabled
				  adults. The facility shall meet licensing rules specified in chapter
				  17-1424.
"Adult day care services" means services provided through an
				  organized program of personal care, supervision, social services, therapy, and
				  group and leisure activities as specified in section
				  17-1417-6, in a licensed adult day
				  care center.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-4 - Eligibility requirements

Current through June, 2024
(a) In order to be
				eligible for adult day care services, the individual shall meet one of the
				following requirements:
(1) Income
				maintenance status as specified in section 17-1416-20(2)(A); or
(2) Without regard to income status for
				individuals who require protective services as specified in section
				17-1416-20(2)(B). When the department determines that protection is no longer
				needed as specified in section 17-1421-15, the recipient shall be assisted to
				apply for adult day care services, and eligibility shall be established as
				specified in paragraph (1).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-5 - Geographic areas of service

Current through June, 2024
Adult day care services shall be available to adults in
				  geographic areas served by adult day care centers contracted by the department
				  to provide the services. Accessibility shall only be to the extent that spaces
				  are available in these centers for individuals determined eligible for services
				  by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-6 - Scope of service

Current through June, 2024
(a) Adult day care
				services shall be appropriate for adults and shall be provided according to the
				adult's needs based upon initial and continual assessments by the adult day
				care center staff. Assessments shall be based upon the physician's report of
				limitations and upon the day care staff's personal observation of the adult's
				interests and limitations as a center program participant. Adult day care
				services shall include, but are not limited to, the following activities:
(1) Therapeutic, social, educational,
				recreational, and other activities, including, but not limited to:
(A) Arts and crafts;
(B) Field trips;
(C) Companionship which involves group
				activities and social interaction with other participants and staff;
(D) Assistance with and development of
				self-help skills; and
(E)
				Individual and group counseling as needed;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-7 - Authorization of service

Current through June, 2024
(a) Adult day care
				services and related costs shall be authorized only as part of a social service
				plan when the individual meets the eligibility requirements specified in
				section 17-1417-4. These services and costs shall be subject to the
				availability of spaces and funds for department eligibles in licensed adult day
				care centers contracted by the department to provide the service.
(b) Payment authorized shall be for a
				predetermined period during which the service costs are necessary and shall not
				cover a period prior to the actual date on which the individual became eligible
				for the service.
(c) Service costs
				or fees to the provider on behalf of the participant shall be based upon a
				purchase of service contract. The provider shall bill the department according
				to the procedures specified in its contract with the department. The provider
				may also charge the participant or someone else willing to pay on behalf of the
				participant, for the difference between the amount the department pays and the
				actual charge for participation. The participant's inability to meet the costs,
				if the participant is otherwise eligible for day care services, shall not be
				used by the purchase of service provider as the basis for
				non-participation.
(d)
				Authorization of payment for adult day care service shall be made for adults
				who are residing independently, or who are residing with a relative, friend, or
				spouse, or who are residing in a domiciliary care home who meet the eligibility
				requirements specified in section 17-1417-4.
(e) When the participant is ill and unable to
				attend the center's program, the department shall hold the participant's space
				in the center for a period not to exceed one month provided there is some
				assurance by the participant's attending physician that the individual will be
				able to return to the program by that time. After one month, if the participant
				is still unable to return, payment shall be discontinued.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1417 - ADULT DAY CARE SERVICES › Section 17-1417-8 - Reduction or termination of service

Current through June, 2024
Adult day care services shall be reduced or terminated in
				  accordance with section
				  17-1416-44 when one or more of the
				  following occurs:
(1) Conditions for
				the reduction or termination of services as specified in section 17-1416-45 are
				met;
(2) The adult's condition
				deteriorates to the point where adult day care enrollment is
				unsuitable;
(3) The adult who lives
				in a domiciliary care home has completed six months in the adult day care
				program;
(4) The adult is absent
				from the center for the reasons specified in section 17-1417-7(e);
(5) The adult is unwilling or unable to make
				constructive use of service and continuation of the service is determined by
				the social worker to be contrary to the overall service plan for the
				adult;
(6) The department no longer
				has a contract or ample contracted spaces with the provider and there are no
				other available department contracted spaces with another provider who can
				reasonably accommodate the adult;
(7) The adult does not meet eligibility
				requirements specified in section 17-1417-4;
(8) The adult leaves the State;
(9) The adult moves and leaves no forwarding
				address or the adult's whereabouts are unknown;
(10) The adult requests termination of
				services;
(11) The service required
				by the adult is not encompassed by the scope of services as defined in section
				17-1417-6;
(12) Needed services are
				to be provided through other sources;
(13) The department lacks available funds to
				provide adult day care services; or
(14) The adult dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the scope, and
				  the eligibility requirements for the receipt of adult foster care services.
				  Adult foster care services shall be provided by the department to disabled
				  adults who meet eligibility requirements specified in section
				  17-1418-4.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-2 - Goals

Current through June, 2024
Adult foster care services shall be provided in accordance
				  with the following goals:
(1) To
				prevent or reduce inappropriate or premature institutional care by providing
				community-based care; and
(2) To
				prevent or remedy neglect, abuse, or exploitation of adults who are unable to
				independently protect their own interests.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-3 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Activities of daily living" means eating, bed or chair
				  transfer, or both, dressing, bathing, toileting and continence.
"Adult foster care services" means services, specified in
				  section 17-1418-5, provided by the
				  department to individuals who meet the eligibility requirements specified in
				  section 17-1418-4, and are in or are
				  seeking placement in a domiciliary care home.
"Domiciliary care home" means any facility which provides
				  twenty-four hour living accommodations and personal care services and
				  appropriate health care, as needed, to adults unable to care for themselves by
				  persons unrelated to the recipient in licensed adult residential care homes or
				  other care homes regulated by the department of health. A domiciliary care home
				  does not include special treatment, nursing, nor acute care facilities. There
				  are two types of licensed adult residential care homes:
(1) Type I home for five or less residents; and
(2) Type II home for six or more residents.
"Level of care" means the amount of supervision and
				  assistance required by an individual to carry out the activities of daily
				  living, socializing, and meeting health care needs.
"Level of care I" means minimal care, supervision, and
				  assistance are needed by the individual who is able to manage most activities
				  of daily living, socializing and health care needs independently.
"Level of care II" means moderate care, supervision, and
				  assistance are needed by the individual who is able to manage some physical,
				  mental, health care, and social functions but requires reminders, assistance,
				  and supervision in performing several activities of daily living.
"Level of care III" means considerable care, supervision,
				  and assistance are needed by the individual who is unable to manage many
				  physical, mental, and social functions, activities of daily living, and health
				  care needs without help. This level includes recipients of services delivered
				  by the developmentally disabled/mental retardation home and community-based
				  services program.
"Special care needs individual" means a domiciliary care
				  facility resident who is certified by a physician for a higher than Level III
				  care and is awaiting placement in a nursing facility providing the higher level
				  of care.
"State supplemental payments" means state funded payments
				  made to individuals who are current recipients of supplemental security income
				  (SSI), or state funded aid to the aged, blind, and disabled (AABD), or general
				  assistance (GA) payments and who are residents of domiciliary care homes. These
				  are provided by the state legislature through general fund appropriations to
				  provide payments for the special care needs individual.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-4 - Eligibility requirements

Current through June, 2024
(a) In order to be
				eligible for adult foster care services, the individual shall meet one of the
				following requirements:
(1) Income
				maintenance status as specified in section 17-1416-20(2) (A); or
(2) Without regard to income status for
				individuals who require protective services as specified in section
				17-1416-20(2)(B). When the department determines that protection is no longer
				needed as specified in section 17-1421-15, the recipient shall be assisted to
				apply for adult foster care services, and eligibility shall be established as
				specified in paragraph (1).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-5 - Scope of services

Current through June, 2024
(a) Placement
				services include one or more of the following activities for the individual
				meeting eligibility requirements specified in section 17-1418-4:
(1) Determination that domiciliary care home
				placement is appropriate;
(2)
				Assistance to the individual in learning about, applying for, and receiving
				income entitlements such as social security benefits, state supplemental
				payments, veterans' benefits, or financial assistance;
(3) Placement into an appropriate domiciliary
				care home; and
(4) Monitoring of
				the individual's domiciliary care home placement to assist with adjustment and
				to maintain the placement, as appropriate.