reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 2 - REQUIREMENTS FOR LICENSURE › Section 11-79-17 - Inactive licenses

Current through June, 2024
(a) Upon request by
				  the licensee, the director may grant inactive Status to a person licensed under
				  this chapter. The request shall be submitted in writing to the department, and
				  the department shall acknowledge the request, in writing, within thirty
				  calendar days after receipt of the request. Inactive Status will be considered
				  for persons in good Standing not practicing dietetics in the State of Hawaii
				  for a minimum of one . year.
(b) If
				  the director grants a request for inactive Status, the license shall be
				  returned to the department within thirty calendar days after the request has
				  been granted.
(c) If the director
				  does not grant a request for inactive Status, the licensee may appeal the
				  decision and request a hearing in writing within thirty days of receipt of
				  notice.
(d) Any request to
				  reinstate an inactive license shall be submitted in writing to the department.
				  The department shall grant or deny reinstatement within thirty calendar days
				  after receipt of the request. Reinstatement shall be granted only if the holder
				  of the inactive license meets all the requirements of § 11-79-11 including
				  a full application with applicable fees, as required in §
				  11-79-11(a).
(e) A licensee must
				  request that an inactive license be reinstated within two years after the
				  expiration date of the inactivated license. If no reinstatement occurs within
				  that period of time, licensure will be granted only upon submittal of a full
				  application with applicable fees and the individual meets all requirements of
				  this chapter as per § 11-79-11.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 3 - CODE OF ETHICS, MISCONDUCT, AND DISCIPLINARY PROCEDURES › Section 11-79-26 - Grounds for denial, revocation, suspension, or condition of license

Current through June, 2024
(a) The department shall deny an application
				  for a license when the applicant fails to meet any requirement for licensure
				  specified in subchapter 2.
(b) The
				  department may deny, revoke, suspend, condition, or deny renewal of a license
				  for:
(1) Conviction by a court of competent
				  Jurisdiction of a crime which the director has determined directly relates to
				  the person's Performance in the practice of dietetics;
(2) Failure to report in writing to the
				  director any disciplinary decision related to dietetic practice issued against
				  the applicant or the licensed dietitian in any Jurisdiction within twenty days
				  after licensure or within thirty days after the disciplinary
				  decision;
(3) Violation of any of
				  the recognized ethical principles for dietitians as set out in section
				  11-79-12;
(4) Use of fraud,
				  deception, or misrepresentation in obtaining a license;
(5) Revocation, Suspension, or other
				  disciplinary action by another State, territory, federal agency, or country
				  against the licensed dietitian or applicant for any reason provided in this
				  section.
(6) Other just and
				  sufficient cause that renders a person unfit to practice dietetics.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 3 - CODE OF ETHICS, MISCONDUCT, AND DISCIPLINARY PROCEDURES › Section 11-79-27 - Enforcement

Current through June, 2024
(a) The department may enforce this chapter
				  on its own initiative.
(b) The
				  department may also enforce this chapter based on complaints. Complaints must
				  be submitted in writing and must include:
(1)
				  The exact nature of the complaint;
(2) The statutory or regulatory
				  requirement(s) that are alleged to have been violated;
(3) The professional or ethical principle(s)
				  that are alleged to have been violated;
(4) The date(s), time(s), and location(s) of
				  the alleged violation(s);
(5) The
				  name(s) and address(es) of individual(s) with knowledge of the alleged
				  violation(s);
(6) Any other
				  supporting evidence; and
(7) The
				  complainant's name, address, signature, and daytime telephone number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 3 - CODE OF ETHICS, MISCONDUCT, AND DISCIPLINARY PROCEDURES › Section 11-79-28 - Determination of suspension or revocation

Current through June, 2024
The determination of whether a Suspension or revocation
					 will be imposed shall be consistent with the seriousness of the conduct on
					 which it is based upon consideration of the following:
(1) Whether it resulted in actual or
				  potential harm;
(2) Nature of
				  actual or potential harm;
(3)
				  Degree of actual or potential harm;
(4) Pattern of conduct or previous
				  instance(s) of similar conduct;
(5)
				  Malicious intent;
(6) Impairment of
				  the licensed dietitian and willingness to address the impairment;
(7) Actions taken by the licensed dietitian
				  and other parties to mitigate actual or potential harm; and
(8) Extenuating circumstances contributing
				  factors.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 3 - CODE OF ETHICS, MISCONDUCT, AND DISCIPLINARY PROCEDURES › Section 11-79-29 - Reinstatement following license revocation

Current through June, 2024
(a) A licensed
				  dietitian whose license has been revoked may submit an application for
				  reinstatement of licensure, accompanied with the licensure fees for
				  reinstatement.
(b) An application
				  for reinstatement shall not be submitted until one year or more after the
				  effective date of revocation.
(c)
				  An application for reinstatement shall include a Statement detailing the
				  reasons why licensure should be granted.
(d) Upon receipt of an application for
				  reinstatement, the department shall forward the application and supporting
				  documentation to the advisory committee for review.
(e) The advisory committee shall review the
				  application and supporting documentation, if any, and shall prepare written
				  comments to the director.
(f) The
				  director shall review the application for reinstatement, the submitted basis
				  therefore, and the recommendation of the advisory committee and shall grant or
				  deny reinstatement of the license based on the following:
(1) The presence or absence of demonstrated
				  evidence which clearly shows that the conduct which formed the basis of the
				  revocation has been satisfactorily addressed;
(2) The serious nature of the conduct which
				  formed the basis of the revocation;
(3) The likelihood that client safety and
				  quality of care would not be jeopardized in any way by reinstatement;
				  and
(4) Whether the person meets
				  all licensing requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 4 - OTHER PROVISIONS › Section 11-79-36 - Licensure Fees

Current through June, 2024
The department shall collect a non-refundable fee for each
					 of the following:
(1) $25 for
				  application, re-activation or reinstatement for licensure;
(2) $225 for triennial licensure
				  fee;
(3) $50 for late
				  renewal;
(4) $50 for application
				  for licensure by endorsement;
(5)
				  $25 for inactive Status; and
(6)
				  $25 for replacement licenses.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 79 - LICENSING OF DIETITIANS › Subchapter 4 - OTHER PROVISIONS › Section 11-79-37 - Dietitian licensure special fund

Current through June, 2024
All fees collected shall be deposited into the dietitian
					 licensure special fund, and shall be used for:
(1) Operation of licensing program;
				  and
(2) Funding of statewide
				  continuing education and training programs for licensed dietitians.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 80 - CHRONIC RENAL DISEASE › Section 11-80-2 - Definition

Current through June, 2024
As used in this chapter:
"Chronic renal disease" means advanced kidney disease
				  necessitating chronic hemodialysis and/or kidney transplant to sustain
				  life.
"Third-party payments" include any insurance coverage and
				  any assistance available from other governmental agencies such as department of
				  social services, division of vocational rehabilitation, Veteran's
				  Administration, Champus, etc.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 80 - CHRONIC RENAL DISEASE › Section 11-80-3 - Application for assistance

Current through June, 2024
Applicants shall complete a financial profile form provided
				  by the State department of health and shall submit a financial apportionment
				  form completed by a physician and the financial registar or medical social
				  worker of the hospital involved.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-2 - Reasonable distance; interim exemption

Current through June, 2024
(a) An owner,
				operator, manager, employer, or other person who owns or controls a place open
				to the public or place of employment covered by the provisions of sections
				328J-3
				or
				328J-4,
				HRS, may apply to the department for an interim exemption to the reasonable
				distance presumption in section
				328J-6,
				HRS. The application shall include:
(1) A
				completed application form;
(2) A
				floor plan to scale (1/4" or 1/8" = 1' -0") of the place open to the public or
				place of employment with all entrances, exits, windows that open and
				ventilation intakes clearly labeled;
(3) A floor plan to scale (1/8" or 1/16" = 1'
				- 0") of the place open to the public or place of employment including all
				entrances, exits, windows that open, and ventilation intakes in the area within
				the 30 feet surrounding the area for which an interim exemption is sought. This
				floor plan shall identify by name all adjoining property owners, lessees, and
				tenants whose premises are within 30 feet of the area for which an interim
				exemption is sought;
(4) An
				elevation plan drawn to scale (1/8" or 1/16" = 1' - 0") of the place open to
				the public or place of employment including all entrances, exits, windows that
				open, and ventilation intakes in the area within 30 feet of area for which an
				interim exemption is sought. The elevation plan shall identify by name all
				adjoining property owners, lessees, and tenants within 30 feet of the place
				open to the public or place of employment including vertically adjoining
				property owners, lessees, and tenants; and
(5) Affidavits signed by each adjoining
				property owner, lessee, and tenant located within 30 feet of the area for which
				an interim exemption is sought attesting to their knowledge of and support for
				the interim exempt ion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-3 - Applicability to private residences

Current through June, 2024
(a) Private
				residences are exempt from the provisions of sections
				328J-2,
				328J-3,
				and
				328J-4,
				HRS, except when used as a licensed child care, adult day care, or health care
				facility.
(b) A limited common
				element, such as a lanai that is designed to serve a single unit but is located
				outside the unit's boundaries, is exempt from the provisions of sections
				328J-2,
				328J-3,
				and
				328J-4,
				HRS; provided that the bylaws or house rules of the association may restrict
				smoking in these areas.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-4 - Signs

Current through June, 2024
(a) Any place covered by the provisions of
				sections
				328J-3
				or
				328J-4,
				HRS, that is accessed solely by means of a second place that is covered by the
				provisions of sections
				328J-3
				or
				328J-4,
				HRS, is exempt from the signage requirements in section
				328J-9, HRS; provided that
				the required signage is posted in the second place.
(b) If the international "No Smoking" symbol,
				consisting of a pictorial representation of a burning cigarette enclosed in a
				red circle with a red bar across it, is used on a required sign, the symbol
				shall be not less than one inch in diameter and shall be clearly
				visible.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-5 - Enforcement action

Current through June, 2024
(a) Any person may
				register a complaint with the department either orally or in writing. The
				person shall not be required to provide personal information for the department
				to investigate and take action, if appropriate.
(b) Any inspector of the department upon
				observing a violation (including a violation by an individual or by a person
				who owns, manages, operates, or otherwise controls any establishment regulated
				by this chapter) shall document the violation and may issue a citation or
				summons as provided in this chapter and in chapter 328J, HRS.
(c) Upon receiving a complaint or observing a
				violation, the department shall:
(1) Send a
				letter to the reported violator informing the violator of the complaint or
				violation if the department did not issue a citation or summons to the
				violator; and
(2) Forward a copy of
				the complaint, violation, summons, or citation to any other applicable
				licensing or permitting authority such as the county liquor commission when the
				violation is committed by a person who owns, manages, operates, or otherwise
				controls any place or facility designated by chapter
				328J,
				HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-6 - Permit or license suspension or revocation

Current through June, 2024
(a)
				Consistent with any rules adopted to implement section
				321-11,
				HRS, the director may suspend a permit or license authorized by section
				321-11,
				HRS, after a person who owns, manages, operates, or otherwise controls any
				place or designated facility has been found to have violated the provisions of
				chapter 328J, HRS, or these rules at least three times within a two year
				period. This section shall apply only to permits or licenses that are issued by
				the director or the director's designee. Any action to suspend or revoke a
				permit or license not issued by the director or the director's designee shall
				be brought before the agency or authority that issued the permit or license or
				before a court of competent jurisdiction.
(b) A permit or license suspended pursuant to
				this section shall be reinstated sixty days after the date of suspension. An
				appeal of a suspension may be allowed if--and shall be resolved--consistent
				with the rules adopted to implement section
				321-11,
				HRS, that authorize the issuance of the permit or license in
				question.
(c) Consistent with any
				rules adopted to implement section
				321-11,
				HRS, the director may revoke a permit or license authorized by section
				321-11,
				HRS, if the permit or license has been suspended more than twice within a
				two-year calendar period.
(d) A
				person whose permit or license has been revoked may apply for a new permit or
				license no sooner than one year after the revocation becomes effective. An
				appeal of a revocation may be allowed if--and shall be resolved--consistent
				with the rules adopted to implement section
				321-11,
				HRS, that authorize the issuance of the permit or license in
				question.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-7 - Department inspector enforcement; other law enforcement officers

Current through June, 2024
(a) The director shall appoint and commission
				one or more inspectors as the exigencies of the public service may require.
				Department inspectors shall enforce the provisions of chapter
				328J,
				HRS, and these rules. Inspectors shall be provided with suitable badges or
				insignia of office by the department. Inspectors shall have the authority to
				serve and execute warrants, notices, citations, or summons, and to issue
				citations in all matters relating to enforcement of chapter 328J, HRS, or of
				these rules.
(b) Police officers,
				sheriffs, and other law enforcement officers are authorized to enforce chapter
				328J, HRS, and these rules. Nothing in subsection (a) shall be construed to
				prevent police officers, sheriffs, or other law enforcement officers from
				enforcing the provisions of chapter 328J, HRS, and of these rules,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-8 - Responsibility of owner, manager, operator, or employee

Current through June, 2024
(a)
				An owner, manager, operator, or employee of an establishment regulated by
				chapter 328J, HRS, shall inform, persons violating chapter
				328J,
				HRS, or this chapter, of the provisions of chapter
				328J,
				HRS, and of this chapter.
(b) To
				inform a person who is violating chapter
				328J,
				HRS, or this chapter, of the provisions of chapter 328J, HRS, and of this
				chapter, an owner, manager, operator, or employee of an establishment regulated
				by chapter 328J, HRS, shall:
(1) have posted
				signs that comply with section
				328J-9, HRS, and section
				11-81-4;
(2) inform the person that
				smoking is not permitted within the establishment and within 20 feet from
				entrances, exits, windows that open, and ventilation intakes that serve the
				establishment; and
(3) not state or
				imply that smoking is at the person's own risk or is otherwise allowable within
				the area described in subsection 11-81-8(b)(2) above.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-9 - Hotels and cruise ships

Current through June, 2024
(a) Smoking is
				allowed on the lanai areas of hotel guest rooms including non-smoking hotel
				guest rooms. Nothing in this subsection shall prevent a hotel from prohibiting
				smoking on lanai areas of hotel guest rooms pursuant to section
				328J-8,
				HRS.
(b) For purposes of this
				chapter and chapter 328J, HRS, hotel rooms include cruise ship guest quarters
				while operating within the territorial waters of the State, of
				Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-10 - Exception for retail tobacco stores

Current through June, 2024
(a) All retail
				tobacco stores and any areas claimed to be retail tobacco stores shall be
				separately ventilated from areas where smoking is prohibited. No smoke from a
				retail tobacco store or an area claimed to be a retail tobacco store shall
				infiltrate into areas where smoking is prohibited.
(b) Upon request by an inspector, the person
				who owns, manages, operates, or otherwise controls a retail tobacco store or an
				area claimed to be a retail tobacco store shall provide copies of mechanical
				engineering plans for the retail tobacco store or area claimed to be a retail
				tobacco store that show the separate ventilation systems.
(c) The failure to provide the mechanical
				engineering plans upon request of an inspector shall be prima facie evidence
				that the area claimed to be a retail tobacco store does not fall within the
				exception for retail tobacco stores provided in section
				328J-7, HRS. The
				inspector may then issue a summons or citation for any violation of chapter
				328J, HRS, or of this chapter that the inspector observes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES › Section 11-81-11 - Exception for a scene within a production being filmed

Current through June, 2024
(a)
				Smoking by talent only shall be allowed in areas where it is otherwise
				prohibited by chapter 328J, HRS, when smoking is part of a scene within a
				production being filmed; provided that the production complies with the
				requirements of this section. When smoking by talent only is allowed as part of
				a scene within a production being filmed, non-talent crew members who do not
				appear on camera in the scene shall not smoke in areas where smoking is
				otherwise prohibited by chapter 328J, HRS. Any smoking as part of a scene
				within a production being filmed shall be for a limited duration at any one
				location of not more than fourteen (14) calendar days.
(b) If the production is being filmed upon
				public property, the person in charge of the filming shall provide for
				inspection copies of the permit issued by the Hawaii Film Office, county film
				office, or federal film office upon request by an inspector.
(c) If the production is being filmed upon
				private property, the person who owns, manages, operates, or otherwise controls
				an area covered by chapter 328J, HRS, where smoking is to be allowed as part of
				a scene within a production being filmed shall provide for inspection upon
				request by an inspector copies of at least two of the following:
(1) The script for the production being
				filmed;
(2) The story boards for
				the production being filmed;
(3)
				The story treatment for the production being filmed;
(4) The anticipated distribution plan for the
				production being filmed;
(5) The
				location agreement for the location where filming is to occur. At minimum, the
				location agreement shall specify the duration of the filming at that location
				(not to exceed fourteen (14) calendar days), the conditions of use for that
				location, fees (if any) to be paid for use of the location, insurance (if any)
				required to be maintained for use of the location, and the deposit (if any) for
				damages; or
(6) Releases
				authorizing the use of their likenesses signed by all of the talent who appear
				on camera as part of the scene within a production being filmed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-88.1-1 - Purpose

Current through June, 2024
The Developmental Disabilities Division shall establish a
					 system and conditions for the provision of services for persons who meet
					 criteria for having a developmental or intellectual disability. This chapter
					 establishes rules for services provided by the Developmental Disabilities
					 Division.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-88.1-3 - Record Retention

Current through June, 2024
(a) The division shall maintain records to
				  document information acquired about applicants for division services and
				  participants in the administration of the division's programs, including waiver
				  services, according to federal and state laws, regulations, and departmental
				  policies on record retention; the controlling time period to be determined by
				  whichever is longest.
(b)
				  Information acquired about applicants and participants shall:
(1) Substantiate the expenditure of public
				  funds;
(2) Be kept in confidential
				  records and files of the division.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-88.1-4 - Rights of persons with developmental or intellectual disabilities

Current through June, 2024
Persons with developmental or intellectual disabilities
					 shall have the rights as those identified in section
					 333F-8,
					 HRS. In addition:
(1) The division
				  shall utilize its reporting and management process to collect information on
				  adverse events.
(2) Should abuse or
				  neglect be suspected, the division will report the incident to the appropriate
				  authority.
(3) The division shall
				  establish a policy and a process for reviewing and limiting the use of
				  restraints or seclusion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-5 - Developmental or intellectual disabilities

Current through June, 2024
(a) To be considered as having a
				  developmental disability, a person must have a severe, chronic disability that
				  meets the definition of developmental disability. The person must have all of
				  the following:
(1) A diagnosis that meets the
				  definition of an eligible condition for a severe and chronic disability. The
				  diagnosis is attributable to a mental or physical impairment to a mental or
				  physical impairment or combination of mental and physical impairments; is
				  manifested before the person attains age twenty-two (22); is likely to continue
				  indefinitely; result in substantial functional limitations in three (3) or more
				  of the following areas of major life activity: self-care, receptive and
				  expressive language, learning, mobility, self-direction, capacity for
				  independent living, and economic sufficiency; and reflects the person's need
				  for a combination and sequence of special, interdisciplinary or generic care,
				  treatment or other services which are of lifelong or extended duration and are
				  individually planned and coordinated.
(A)
				  Evidence of an eligible condition under cerebral palsy or epilepsy requires a
				  diagnosis by a licensed physician; or
(B) Evidence of an eligible condition under
				  autism spectrum disorder requires a diagnosis by a board certified neurologist,
				  board certified psychiatrist, board certified developmental-behavioral
				  pediatrician, or licensed psychologist using the most recent Diagnostic and
				  Statistical Manual of Mental Disorders criteria; or
(C) Evidence of an eligible condition or
				  disorder due to a neurological condition, or central nervous system disorder,
				  or chromosomal disorder that results in both substantial impairment of general
				  intellectual functioning and adaptive behavior skill deficits similar to those
				  of a person with intellectual disability, and requires a diagnosis by a
				  licensed physician or licensed psychologist.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-6 - Waiver requirements

Current through June, 2024
(a) To be eligible for home and
				  community-based waiver services, a person shall be deemed eligible for division
				  services under section 11-88.1-5, be Medicaid eligible as determined by the
				  department of human services, and meet ICF/ID level of care as determined by
				  the department of human services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-7 - Application for division services

Current through June, 2024
(a) A person applying for support or services
				  under this chapter shall do so through the division's standardized access
				  intake system.
(b) Submission of an
				  application for division services shall indicate intent to apply for services
				  and support from the division.
(c)
				  The application for division services shall be made in writing on an
				  application form prescribed by the division. Should the applicant for division
				  services be unable to complete the application, the division will provide
				  assistance. The application for division services shall:
(1) Include or have attached any available
				  information such as psychological, medical, social summary and other reports to
				  establish eligibility for services;
(2) Include a completed application signed
				  by:
(A) The adult person with developmental
				  or intellectual disabilities; or
(B) The applicant's legal guardian, or the
				  applicant's family member, or other representative with the best interest of
				  the applicant when the applicant is an adult; or
(C) The applicant's parent or legal guardian
				  when the applicant is a minor. Division staff may request the applicant to
				  provide additional necessary information including standardized evaluations as
				  determined necessary by the division to make a determination of
				  eligibility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-8 - Disposition of division application

Current through June, 2024
(a) Within thirty (30) working days from the
				  date of a completed application, the division shall determine eligibility for
				  services; and
(b) The applicant
				  shall be notified in writing of the eligibility determination
				  results.
(c) Should the applicant
				  be deemed not eligible, the written notice shall provide the reasons for
				  ineligibility and inform the applicant of the right to appeal and describe the
				  appeal process.
(1) The applicant shall be
				  provided fifteen (15) working days to request an informal review with the
				  division, in writing, as provided in section 11-88.1-17.
(2) Should the result of the informal review
				  be unfavorable to the applicant, the applicant may appeal the results of the
				  informal review through a formal hearing, in writing, as provided in section
				  11-88.1-17.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-9 - Termination of division eligibility

Current through June, 2024
(a) Eligibility for services may be
				  terminated when the:
(1) Participant in
				  waiver services no longer meets the eligibility criteria in effect at the time
				  of redetermination for services as determined by assessments or evaluations
				  completed by qualified professionals. The division may review a person's
				  eligibility at any time;
(2)
				  Participant requests termination from the program;
(3) Participant chooses a nursing facility or
				  ICF/ID facility in lieu of the division services;
(4) Participant, or the participant's legal
				  guardian, or the participant's family member, or other representative with the
				  best interest of the participant, elects not to sign or consent to the proposed
				  individualized service plan, the current individualized service plan has
				  expired and no new individualized service plan is in place for ninety (90)
				  working days or more;
(5)
				  Participant permanently leaves the state; or
(6) Participant dies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 11-88.1-10 - Decrease or termination of services

Current through June, 2024
(a) Division and waiver services may be
				  decreased or terminated when the:
(1)
				  Participant and the division or its agent mutually agree to terminate or reduce
				  services;
(2) Provider of service
				  contract is terminated and no other options are available through contractual
				  agreement;
(3) Friends or relatives
				  of the participant express willingness and are able to care for the participant
				  without charge in lieu of division services;
(4) Current services or level of services are
				  not necessary based on an assessment by the division;
(5) Participant, or the participant's legal
				  guardian, or the participant's family member, or other representative with the
				  best interest of the participant, elects to not approve or sign the proposed
				  individualized service plan and the current individualized service plan has
				  expired; or
(6) Allocated resources
				  to pay for services have reached or exceeded its limit after DOH and DHS have
				  acted with good faith in their best efforts to secure sufficient state and
				  federal funding, respectively.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 3 - SCOPE AND CONTENT OF SERVICES › Section 11-88.1-15 - Scope of services

Current through June, 2024
(a) Services and support administered or
				  provided by the division for eligible persons with developmental or
				  intellectual disabilities may include:
(1)
				  Access to division services;
(2)
				  Access to support in the community in coordination with other federal, state,
				  county, or private agencies such as:
(A)
				  Adult programs, residential alternatives and services;
(B) Case management services independent of
				  the direct service provider;
(C)
				  Crisis services to maintain persons with developmental or intellectual
				  disabilities in community settings;
(D) Recruiting, training, certifying,
				  monitoring of foster homes for adults with developmental or intellectual
				  disabilities, and referral of these adults in these homes;
(E) Providing, planning, developing,
				  coordinating and monitoring programs, services, or facilities necessary to
				  provide an array of services for persons with developmental or intellectual
				  disabilities, which are not duplicative of other entitlements;
(F) Informational services to families, the
				  general public and to lay and professional groups;
(G) Consultative services to the judicial
				  branch of government, educational institutions, and health and welfare
				  agencies;
(H) Planning and
				  developing collaboratively and cooperatively with public health providers and
				  private agencies for programs to prevent developmental or intellectual
				  disabilities.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 4 - APPEAL RIGHTS › Section 11-88.1-17 - Denial of application for division services

Current through June, 2024
(a) Any applicant who is denied eligibility
				  for division services may request:
(1) An
				  informal review; or
(2) An
				  administrative hearing; or
(3) An
				  informal review and an administrative hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 4 - APPEAL RIGHTS › Section 11-881-18 - Denial of application for Medicaid waiver services

Current through June, 2024
(a) Any applicant who is denied eligibility
				  for Medicaid waiver services may request:
(1)
				  An informal review from the division in accordance with section 11-88.1-17(b);
				  or
(2) An administrative hearing
				  from the division in accordance with section 11-88.1-17(c); or
(3) An informal review from the department of
				  human services in accordance with section
17-1703.1-2, HAR; or
(4) An administrative hearing from the
				  department of human services; or
(5) All of the above.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 4 - APPEAL RIGHTS › Section 11-881-19 - Suspension, reduction (decrease, or termination of division services

Current through June, 2024
(a) A participant
				  may appeal the suspension, reduction (decrease), or termination of division
				  services by submitting a request for:
(1) An
				  informal review; or
(2) An
				  administrative hearing; or
(3) An
				  informal review and an administrative hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 4 - APPEAL RIGHTS › Section 11-881-20 - Suspension, reduction (decrease, or termination of Medicaid waiver services

Current through June, 2024
(a) A participant
				  may appeal the suspension, reduction (decrease), or termination of Medicaid
				  waiver services by submitting a request for:
(1) An informal review from the division in
				  accordance with section 11-88.1-17(b); or
(2) An administrative hearing from the
				  division in accordance with section 11-88.1-17(c); or
(3) An informal review from the department of
				  human services in accordance with section 17-1703.1-2, HAR; or
(4) An administrative hearing from the
				  department of human services; or
(5) All of the above.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 5 - PROVISION OF SERVICES › Section 11-88.1-22 - Case managers and individualized service plans

Current through June, 2024
(a) Should the division determine in
				  accordance with subchapter
				  2 that the applicant is eligible for
				  services, the participant shall be assigned to a case manager within ten (10)
				  working days of the date of eligibility determination. The division's case
				  manager shall assist the participant to develop, with the input of family and
				  friends as necessary, an individualized service plan.
(b) For participants admitted into the home
				  and community-based services waiver program, within thirty (30) working days
				  after the date of admission into the waiver program, the division's case
				  manager shall develop a revised written individualized service plan prescribing
				  the home and community-based services that will be provided, and specifying the
				  goals, frequency and type of providers.
(c) The individualized service plan shall be
				  developed by the individual, with the input of family, friends, and other
				  persons identified by the individual as being important to the planning process
				  and may include but shall not be limited to:
(1) Assessment of what is important to the
				  participant, how any issue of health or safety shall be addressed, and what
				  needs to happen to support the participant in the participant's desired
				  life;
(2) A budget to effectuate
				  the individualized service plan; and
(3) Authorization of services and support
				  funded by the division.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 5 - PROVISION OF SERVICES › Section 11-88.1-23 - Payment for division services

Current through June, 2024
(a) Services to eligible persons may be
				  provided directly by division staff or by POS providers.
(b) The director may, following the process
				  for procurement set forth under existing law, contract with private groups,
				  institutions, corporations, and other qualified private organizations to
				  provide services and support for persons with developmental or intellectual
				  disabilities. Services and support provided by POS providers shall be limited
				  by the terms, scope and funding specified in the purchase of service
				  contract.
(c) The director may also
				  enter into agreements to effectuate the purposes of this chapter with the
				  federal government, other state departments and agencies, and the
				  counties.
(d) The division may
				  obtain services from POS providers for a fee for persons with developmental or
				  intellectual disabilities. In these instances, the division shall reimburse the
				  POS provider of the services according to the department's negotiated payment
				  rates for the service.
(e) State
				  funds will not be expended for out-of-home placement to another state, or to
				  supplant, substitute, duplicate or supplement services provided by the State
				  Plan, IDEA, or federal, state, or county mandate or law.
(f) The division may require POS providers
				  that receive division funds for program services and that generate revenues
				  from products or services by program participants to use the revenues from
				  products or services for the purpose for which the funds were originally
				  granted. Further, the revenues may be used for:
(1) Expanding the project or
				  program;
(2) Supporting other
				  projects or programs that further the services for persons with developmental
				  or intellectual disabilities; or
(3) Obtaining equipment or other assets
				  needed for the project or program.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 5 - PROVISION OF SERVICES › Section 11-88.1-24 - Payment for home and community-based Medicaid waiver services

Current through June, 2024
(a) The department
				  shall pay only for Medicaid home and community-based services approved by CMS,
				  specified in a written individualized service plan made between the participant
				  and the division or its designee, and authorized by the case manager.
(b) The payment rate for each service shall
				  be established by the division based on applicable Medicaid rates.
(c) The payment rate for each service shall
				  not exceed the approved rate of payment by CMS.
(d) The department or the division shall
				  recover overpayments from providers.
(e) Subject to the availability of
				  appropriate providers and necessary funding, for a person deemed eligible for
				  HCBS waiver services, the department shall provide services within ninety (90)
				  working days of the date of eligibility determination.
(f) Providers that receive waiver funds for
				  providing developmental or intellectual disability services shall apply cost
				  share prior to receiving waiver funds.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 5 - PROVISION OF SERVICES › Section 11-88.1-25 - Purchase of service contracts

Current through June, 2024
(a) All programs and services contracted for
				  or provided by the division shall meet the division's program and fiscal
				  standards as well as federal standards when applicable. All standards and
				  monitoring procedures are established to ensure delivery of quality programs
				  and appropriate outcomes and services to persons with developmental or
				  intellectual disabilities.
(1) The program
				  standards shall be established by the division. The division may apply national
				  recognized standards and principles as its program standards.
(2) The division shall designate monitoring
				  teams to determine compliance with program and fiscal standards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 88.1 - SERVICES FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES › Subchapter 5 - PROVISION OF SERVICES › Section 11-88.1-26 - Payment for care and treatment of persons receiving services; liability

Current through June, 2024
(a) Payment for
				  care and treatment of persons receiving services and liability are as written
				  in section
				  333F-13,
				  HRS.
(1) Each participant or the guardian,
				  parent, or liable party shall be responsible for a monthly payment as
				  determined by the division.
(2) An
				  agreement shall be signed by the division and the participant or the liable
				  party, which states the payment amount and the date payment is due to the
				  division.
(3) Should the division
				  fail to receive the agreed upon amount by the specified date for two (2)
				  consecutive months, a notice of termination will automatically be sent
				  notifying the recipient that services will be terminated thirty (30) working
				  days from the date the notice is mailed.