reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-9 - Suspension, revocation, and discontinuance of certificate of approval

Current through June, 2024
(a) When a center does not meet the standards
				under which a certificate of approval was granted, the department shall notify
				the center in writing of its noncompliance. The written notification shall
				state the specific violations and shall give the center a minimum of
				thirty-three days from the date of the mailing of the notice to make the
				necessary corrections.
(1) If a center fails
				to make the necessary corrections within the stated time limit after the notice
				is given, the certificate of approval shall be suspended or revoked by the
				department.
(2) The department may
				issue a temporary certificate of approval as provided in section 17-1424-5
				while the necessary corrections are being made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-10 - Appeals and hearings

Current through June, 2024
(a) Any center
				whose certificate of approval is to be suspended or revoked shall be given
				written notice addressed to the center's last known mailing address.
(b) The notice shall contain a statement of
				the reasons for the proposed action and shall inform the licensee of the right
				to appeal the decision to the director of the department in writing, within ten
				working days after the mailing of the notice of the proposed action.
(c) The director of the department shall give
				a written acknowledgement of the receipt of the appeal to the licensee. The
				acknowledgement shall be given no later then fifteen calendar days following
				the receipt of the timely written appeal. The department shall provide an
				opportunity for a prompt hearing before a departmental hearing officer with
				respect to the proposed action. On the basis of the evidence adduced at the
				hearing, the hearing officer shall make the final decision of the department as
				to whether the certificate of approval shall be suspended or revoked.
(d) If no timely written appeal is made, the
				certificate of approval shall be suspended or revoked as of the termination of
				the ten day period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-11 - Administration

Current through June, 2024
(a) Each center shall have a director
				responsible for the total program of the center. The duties and
				responsibilities of staff members shall be clearly defined and individuals
				exercising administrative authority shall be specifically identified.
(b) Each center shall have a written
				statement of operating policies that shall include:
(1) The name and address of the
				center;
(2) The name of the
				individual, organization, or sponsoring agency that operates the
				center;
(3) Admission policies of
				the center;
(4) Maximum number of
				adults for whom the center is equipped to provide services;
(5) Specific hours of operation and whether
				meals are served or whether transportation is provided;
(6) Fees charged by the center;
(7) Policy and plans for routine and
				emergency medical care for participants; and
(8) Program of the center and services
				provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-12 - Personnel and staffing

Current through June, 2024
(a) A director's
				responsibilities shall include:
(1)
				Possession of basic knowledge and training or experiences in caring for
				disabled adults;
(2) Responsibility
				for the overall administration of the center and arrangement for adequate care
				of the participants; and
(3)
				Designation of a staff member to be responsible for administration, whenever
				the director is absent for any part of the day.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-13 - Admissions

Current through June, 2024
(a) Each application form for admission to
				the center shall include:
(1) The name of the
				applicant, home address, date of birth, and sex;
(2) The name, address, telephone number, and
				other pertinent information of next of kin or any other person responsible for
				the applicant's care;
(3) The
				family physician who may be called;
(4) Written consent to call another physician
				when the family physician cannot be located; and
(5) The specific hours of the day the
				applicant shall be under the care of the center.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-15 - Transportation

Current through June, 2024
When transportation is provided by the center, rules of the
				  public 1424-10 utilities commission and chapter
				  286, Hawaii Revised Statutes, shall
				  be met.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-16 - Services for center participants

Current through June, 2024
(a) Services
				through the center shall include:
(1)
				Observation and supervision by center staff throughout the participant's stay
				at the center;
(2) Proper handling
				and notification of the person responsible for the participant's care or a
				physician when a participant becomes ill;
(3) Counseling and referral to a social
				agency or psychiatric facility when participants have inter-personal,
				behavioral, or family-related problems;
(4) Isolation of a participant when symptoms
				of a communicable disease are evident, pending medical clearance. The family or
				the participant's representative shall be contacted and encouraged to seek
				medical care for the participant;
(5) Adherence by staff members to specific
				instructions obtained from a physician for the care of a participant with
				special problems. The instructions shall be written in the participant's
				records;
(6) Provision of a
				participant's medication by the family to the center on a daily basis. The
				staff shall not give the medication, except as allowed under subparagraph (A),
				but may supervise or remind a participant about the need to take the prescribed
				medication. Medication:
(A) May be
				administered by staff members licensed by the state as a licensed practical
				nurse or registered nurse, or by unlicensed assistive personnel delegated the
				task by a licensed registered nurse as provided in chapter 16-89, subchapter
				15, Hawaii Administrative Rules, and if the participant's physician has signed
				an authorization statement for the administration of medication by staff
				licensed as a practical nurse or registered nurse, or by unlicensed assistive
				personnel delegated the task by a licensed registered nurse as provided in
				chapter 16-89, subchapter
				15, Hawaii Administrative
				Rules;
(B) Shall be kept in their
				original container bearing the prescription label which shows the date filled,
				the physician's directions for use and the adult participant's name;
				and
(C) Shall be stored out of
				reach of participants and returned to the participant or responsible family
				member at the end of each day; and
(7) Retention of first aid supplies at the
				center.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-17 - Physical location

Current through June, 2024
(a) Site
				requirements shall include:
(1) Location of
				the center in a safe and sanitary area which conforms to laws and regulations
				of the state and county governments;
(2) Clean and sanitary conditions for the
				center, with proper means of refuse disposal. All solid waste generated by the
				operation shall be properly stored and removed from the premises at least once
				a week. There shall be proper disposal of sewage with all plumbing outlets
				connected to a private sewage disposal system or a public sewer
				system;
(3) Provision of adequate
				natural light, artificial lighting, and ventilation in the building;
(4) Proper maintenance of the building so
				that it is free from leakage during periods of rainfall and free from rodent
				and insect infestation;
(5)
				Adequate space for outdoor activities; and
(6) Well-drained outdoor space with both
				sunny and shady areas. The outdoor space shall not be subject to ponding during
				periods of heavy rainfall.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-18 - Fire protection

Current through June, 2024
(a) The director
				shall formulate an evacuation plan for the protection and evacuation of the
				participants to areas of refuge. This plan shall include training of all staff
				members and participants in the event of fire. The plan shall be submitted to
				the fire department for approval.
(1) Fire
				drills shall be staged at least once a month in which all participants and
				staff members shall participate;
(2) The staff members shall be trained to
				properly report a fire, to extinguish a small fire, and to escape from a fire;
				and
(3) There shall be an alarm
				system that meets local fire codes to notify the staff and the participants in
				case of fire.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-19 - Other disasters and evacuations

Current through June, 2024
Centers located in areas subject to tsunami action,
				  flooding, or similar disasters, shall have a plan of evacuation to a place of
				  refuge, according to local civil defense regulations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-21 - Penalty

Current through June, 2024
Any individual, organization, or agency operating a day care
				  center for disabled persons, who wilfully makes any false statement or who
				  violates these rules shall be cited by the department and fined an amount
				  deemed to be appropriate by a court of appropriate jurisdiction, but not to
				  exceed the maximum of $5,000.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-22 - Separability

Current through June, 2024
If any part, section, subsection, paragraph, subparagraph,
				  or clause of this chapter, or its application to any person or circumstance, is
				  for any reason held to be unconstitutional or invalid, the remaining portions
				  of this chapter, or the application of this chapter to other persons or
				  circumstances shall not be affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-3 - Eligibility requirements for children

Current through June, 2024
In order to qualify for foster grandparent services, the
				  child shall meet the following conditions:
(1) The child must be chronologically
				twenty-one years of age or less. Preference is given to the younger children to
				facilitate meeting the child's developmental needs. Each foster grandparent
				shall preferably, but not exclusively, be assigned to two children.
(2) Foster grandparent services to a mentally
				retarded individual may continue beyond the individual's twenty-first birthday
				provided that the following criteria are met:
(A) The individual received the service prior
				to attaining the chronological age of twenty-one;
(B) The volunteer station's professional
				staff responsible for the individual's care certifies that the continued
				assignment is in the best interest of both the foster grandparent and the
				individual; and
(C) The foster
				grandparent, sponsor, volunteer station's professional staff, and the
				individual's parent or legal -guardian, whenever possible, mutually agree to
				the continued assignment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-4 - Eligibility requirements for volunteer stations

Current through June, 2024
(a) A
				volunteer station shall preferably be a twelve-month operation and shall meet
				the following requirements:
(1) Be within
				project service areas or defined in approved grant application;
(2) Be licensed or otherwise certified by an
				appropriate state or local licensing authority as required;
(3) Not request or receive any compensation
				for services of foster grandparents supervised by the organization;
(4) Be a public, private nonprofit
				organization, or proprietary health care agency organization;
(5) Enter into a memorandum of understanding
				with the program grantee delineating obligations and responsibilities before
				foster grandparents are assigned to children; and
(6) Have a consistent number of children
				enrolled to assure that foster grandparents may serve one or more children
				without supplanting staff. The suggested number of children at the volunteer
				station is as follows:
(A) Thirty or more
				children at a residential setting; and
(B) Fifteen or more children daily for a
				non-residential setting.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-6 - Foster grandparent benefits

Current through June, 2024
The foster grandparent program shall provide to the elderly
				  participants in the program:
(1) An
				hourly stipend which shall be based on the actual number of hours the foster
				grandparent serves;
(2) Mileage
				reimbursements up to a daily maximum per day, as determined by the program, for
				foster grandparents who drive to the volunteer stations and directly back home.
				Additional mileage allowance may be provided for travel if foster grandparents
				are required to travel between assignments during the day;
(3) Reimbursements for bus fare or bus pass
				costs to individuals using mass transit who do not qualify for free bus
				fare;
(4) A pre-entry physical
				examination and annual physical examination up to the maximum cost as
				determined by the program and as allowed by the ACTION agency
				guidelines;
(5) One meal per day
				where provided by the volunteer station, or a meal reimbursement or allowance
				as determined by the program if the volunteer station is unable to provide
				meals;
(6) Two or more of the
				following types of minimum levels of insurance purchased from any source, as
				specified by ACTION:
(A) Accident
				insurance;
(B) Personal liability
				insurance; or
(C) Excess automobile
				liability insurance;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-7 - Scope of foster grandparent services

Current through June, 2024
(a) Foster
				grandparents' services to children/youth shall include, but are not limited to:
(1) Providing personal care, such as feeding
				and dressing the child, assisting in self-care, motor skills, and learning
				experiences, and helping children to achieve independent living;
(2) Providing children with emotional
				support, counseling assistance in developing basic learning skills, and helping
				to delay or prevent institutionalization;
(3) Helping youth to mitigate the effects of
				institutionalization, acting as a community link, and assisting in learning
				situations or therapy; or
(4)
				Helping children regain stability through contact with older adults and
				providing these children with emotional support and empathy.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-8 - Authorization for service

Current through June, 2024
The foster grandparent program and its services shall be
				  authorized for adults and children meeting eligibility criteria specified in
				  sections 17-1425-2 and
				  17-1425-3, subject to availability
				  of funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-9 - Termination of services

Current through June, 2024
(a) Foster
				grandparents services to children shall be terminated when:
(1) Any physical, emotional or psychological
				abuse occurs in the relationship between foster grandparent and
				child;
(2) The relationship is no
				longer meaningful or satisfying for the foster grandparent or child;
(3) The child no longer shows progress in
				personal behavior and development as determined by the volunteer station's
				professional staff, and the child's needs for individual attention or
				person-to-person relationship diminish, as determined by the volunteer
				station's professional staff and in concurrence with the foster grandparent
				program staff;
(4) Child becomes
				unmanageable in terms of size, strength or behavior;
(5) The child nears or reaches the age of
				twenty one. Separation may be delayed temporarily when the child is adjudged
				professionally to have capacity for improvement and the child was receiving
				foster grandparent's service prior to attaining the chronological age of
				twenty-one;
(6) There is a conflict
				between the foster grandparent and the child's parent;
(7) The foster grandparent leaves the
				program; or
(8) The child leaves
				the volunteer station's program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1425 - FOSTER GRANDPARENT PROGRAM › Section 17-1425-10 - Appeal process

Current through June, 2024
An appeal by the foster grandparent shall be submitted in
				  writing to the director of the department within sixty calendar days from the
				  date of the termination letter. When no written appeal is received within the
				  specified time period, the termination shall be final and binding.
(1) The department shall acknowledge receipt
				of the appeal within fifteen calendar days from the date of receipt of the
				written appeal.
(2) The director of
				the department shall review and consider the facts for the termination of the
				foster grandparent from the program and shall make a final administrative
				decision within ninety calendar days from the date of receipt of the written
				appeal.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-1 - Definitions

Current through June, 2024
For the purpose of this chapter:
"ACTION" means the federal agency authorized to provide
				  opportunities for individuals to serve the communities through volunteer
				  programs administered by the agency.
"Care plan" means a written plan integrating the senior
				  companion into a comprehensive program covering the health and social service
				  needs of a client.
"Client" means a frail elderly person who is mentally,
				  emotionally, or physically impaired, or who is suffering sudden illness,
				  injury, or trauma, and is determined by the volunteer station or senior
				  companion program staff as needing the service of a senior companion.
"Grantee" means the agency which has been awarded a grant by
				  ACTION to operate a senior companion program in a specified locale and for a
				  specified budget period.
"Memorandum of understanding" means an agreement prepared by
				  the grantee and signed by the administrator of the grantee agency and the
				  volunteer station which identifies program requirements, working relationships,
				  and mutual responsibilities.
"Senior companion program" means a volunteer program which
				  provides low-income persons aged sixty or older part-time opportunities with
				  stipends to give person-to-person supportive services and companionship to
				  clients to assist them to live as independently as possible in the clients' own
				  homes.
"Stipend" is an hourly payment to senior companions to
				  enable them to serve without cost to themselves. The stipend is non-taxable and
				  not considered as income.
"Volunteer station" means a public or private nonprofit
				  social service or health care agency or organization qualified or licensed to
				  provide services for clients that has entered into a memorandum of
				  understanding with the grantee.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-2 - Eligibility requirements for senior companions

Current through June, 2024
(a) In order
				to qualify as a senior companion, a person shall meet the following conditions:
(1) Be sixty years of age or older;
(2) Have a total annual cash income from all
				resources at or below the income eligibility level established by the director
				of ACTION.
(A) The income eligibility level
				established in conformance with the Domestic Volunteer Service Act of 1973 ( 42
				U.S.C. 55061 ) shall be determined by the national poverty line set forth in
				section 625 of the Economic Opportunity Act of 1964, as amended, (
				42
				U.S.C. §2971 d ), to which is added for
				individual states that amount a state supplements federal supplementary
				security income payments for an aged individual.
(B) Income eligibility levels shall be
				reviewed at least once a year;
(3) Be physically and mentally able to serve
				as verified by a physical examination conducted by a licensed
				physician;
(4) Not be in the
				regular work force;
(5) Be able to
				accept necessary supervision and be capable of serving assigned clients on a
				regular basis as a volunteer;
(6)
				Be able to regularly participate in the program for a total of not more than
				twenty hours a week;
(7) Understand
				the special needs of the clients and have a desire to help the clients maintain
				independence; and
(8) Not have a
				criminal, employment, or other background history which poses a risk to clients
				served by the program.
(A) Applicants and
				current program participants who have not done so, shall provide the program
				with information concerning any criminal, employment, and other background
				history, and consent to history checks by the program. Such information and
				consent shall be given on forms provided by the program. Applicants shall
				include those individuals reapplying to the program
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-3 - Eligibility requirements for clients

Current through June, 2024
In order to qualify for senior companion services, the
				  individual shall meet the following conditions:
(1) The individual shall need the
				person-to-person assistance of a senior companion in order to maintain
				independent living within the individual's home; or
(2) The individual shall be scheduled to be
				released from a health care facility within two to four weeks and shall need
				the assistance and support of a senior companion to help prepare the individual
				to return to and remain in the individual's own home; and
(3) The individual shall be assessed as
				needing a senior companion by a volunteer station or senior companion program
				staff and shall have a written care plan;
(4) The individual, or the individual's legal
				guardian, shall sign the care plan authorizing senior companion visits and
				specifying the activities to be performed before a companion may be assigned to
				the individual; and
(5) Be sixty
				years of age or older.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-4 - Eligibility requirements for volunteer stations

Current through June, 2024
A volunteer station shall preferably be a twelve month
				  operation and shall meet the following requirements:
(1) Be within the project service area as
				defined in an approved federal grant application;
(2) Be licensed or otherwise certified by an
				appropriate state or local licensing authority as required;
(3) Not request or receive any compensation
				for services of senior companions supervised by the organization; and
(4) Be a public, private non-profit
				organization, or proprietary health care agency organization; and
(5) Enter into a memorandum of understanding
				with the program grantee delineating obligations and responsibilities
				undertaken before senior companions are assigned to the clients.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-6 - Senior companion benefits

Current through June, 2024
The senior companions shall be eligible for the following
				  benefits while participating in the program:
(1) An hourly stipend as determined by
				Congress which is non-taxable and not considered as income in determining
				eligibility for various government programs. The stipend shall be based upon
				the actual number of hours the senior companion serves;
(2) Transportation allowance as determined by
				ACTION;
(3) Physical examination,
				pre-entry and annual, paid by the program, maximum cost determined by
				ACTION;
(4) Meal allowance as
				determined by ACTION;
(5) Insurance
				which shall be limited to the following:
(A)
				Accident insurance;
(B) Personal
				liability insurance; and
(C) Excess
				automobile liability insurance;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-7 - Scope of senior companion services

Current through June, 2024
(a) The senior
				companion's services to clients may include, but shall not be limited to the
				following:
(1) Socialization and recreation,
				such as arranging social contacts with other people, revitalizing family ties,
				reading, writing letters, teaching arts and crafts;
(2) Assisting in obtaining social services,
				such as information on senior housing, supplemental income, food stamps,
				registering in a nutrition program;
(3) Personal and health services, such as
				assisting with personal grooming and hygiene, helping with prescribed physical
				therapy, providing escort service to the doctor; or
(4) Assisting with home management, such as
				meal planning and preparation, shopping, or paying bills.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-8 - Authorization for service

Current through June, 2024
The senior companion program and its services shall be
				  authorized for adults meeting eligibility criteria specified in sections
				  17-1426-2 and
				  17-1426-3 and shall be subject to
				  availability of funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-9 - Termination of services

Current through June, 2024
(a) A senior
				companion's service to clients shall be terminated when:
(1) Any abuse occurs in the relationship
				between the senior companion and the client;
(2) The relationship is no longer meaningful
				or satisfying to the senior companion or client;
(3) The client develops acute functional or
				organic difficulties;
(4) The
				client demonstrates a diminishing need for individual attention; or
(5) The senior companion leaves the program
				or the client leaves the volunteer station program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1426 - SENIOR COMPANION PROGRAM › Section 17-1426-10 - Appeal process

Current through June, 2024
An appeal by the senior companion shall be instituted in
				  writing to the director of the department within sixty days from the date of
				  the termination letter. When no written appeal is received within the specified
				  time period, the termination shall be final and binding.
(1) The department shall acknowledge receipt
				of the appeal within fifteen days from the date of receipt of the written
				appeal.
(2) The director of the
				department shall review and consider the facts for the termination of the
				senior companion from the program and shall make a final administrative
				decision within ninety days from the date of receipt of the written
				appeal.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1427-1 - Purpose

Current through June, 2024
(a) The purpose of the respite companion
				  service program shall be to provide employment training to low-income persons
				  aged fifty-five or older through part-time employment as respite
				  companions.
(b) Respite care
				  services provided through purchase of service contract shall be for the purpose
				  of providing care to disabled children or adults on a temporary basis to enable
				  their primary caregivers time to engage in other activities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1427-2 - Goals

Current through June, 2024
(a) The respite companion service program
				  shall be directed at helping eligible recipients to:
(1) Achieve or maintain economic self-support
				  to prevent, reduce, or eliminate dependency on public assistance; and
(2) Achieve or maintain self-sufficiency,
				  including reduction or prevention of dependency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-4 - Respite companion service program eligibility, status, benefits

Current through June, 2024
(a) In order to qualify as a respite
				  companion, a person shall meet the following requirements:
(1) Be fifty-five years of age or older. No
				  person shall be determined ineligible solely for reasons of advanced age, and
				  no upper-age limit shall be used;
(2) Be physically and mentally capable of
				  performing part-time employment duties;
(3) Be determined as income eligible for the
				  program by:
(A) Having an individual income
				  that does not exceed one hundred twenty-five per cent of the poverty level
				  determined in accordance with criteria established and updated by the United
				  States Office of Management and Budget; or
(B) Receiving cash welfare payments;
				  and
(4) No additional
				  conditions or requirements for enrollment eligibility shall be
				  imposed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-5 - Client family eligibility, status, obligations

Current through June, 2024
(a)
				  In order to qualify as a client family, the following conditions shall be met:
(1) The client family shall include a related
				  frail elderly family member who:
(A) Lives
				  with the client family;
(B)
				  Requires twenty-four hour care;
(C)
				  Would be subject to placement outside the family home without the care provided
				  by the family members; and
(D) Is
				  not receiving services under the department's nursing home without walls
				  program as provided in chapter 17-1438;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-6 - Respite station eligibility, status obligations

Current through June, 2024
(a)
				  In order to qualify as a respite station, an agency shall:
(1) Be a public or private non-profit agency,
				  institution, or organization;
(2)
				  Be within the respite companion service program geographic area as defined in
				  grants funding the respite companion service program;
(3) Include the provision of health care
				  services to the frail elderly person in its scope of services;
(4) Not request or receive any compensation
				  for services of respite companions supervised by the organization;
(5) Have, and be willing to assign, qualified
				  staff to supervise respite companions assigned to the agency; and
(6) Enter into a memorandum of understanding
				  with the respite companion service program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-7 - Scope of respite companion service

Current through June, 2024
(a) The respite
				  companion's services to clients and client families shall include the following
				  duties and responsibilities:
(1) Health and
				  personal services which shall include:
(A)
				  Attending the client during the absence of client family members;
(B) Assisting the client with such activities
				  as bathing, personal grooming, and dressing;
(C) Monitoring the use of medication and
				  health; and
(D) Assisting with
				  occupational and physical therapy or other activities as prescribed in the care
				  plan;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-8 - Referral, assessment, care plan, and supervision procedures

Current through June, 2024
(a) A request for respite companion service
				  shall be made in the following ways:
(1) The
				  client family may make a request for respite companion service to the respite
				  companion service program on the family's own behalf;
(2) Any health or social service agency may
				  make a request for respite companion service for the agency's clients to the
				  respite companion service program; or
(3) A respite station having an established
				  number of respite companion hours assigned to the station's staff may assign a
				  respite companion directly to qualifying clients and client families.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-9 - Authorization of respite companion service

Current through June, 2024
(a) Participation
				  in the respite companion service program as a respite companion shall be
				  authorized when an individual meets the eligibility requirements specified in
				  section 17-1427-4. Such participation shall be authorized subject to the
				  availability of funds.
(b) Respite
				  companion service shall be authorized when a client family meets the
				  eligibility requirements specified in section 17-1427-5.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-10 - Geographic area of service

Current through June, 2024
Areas served by the respite companion service program
					 shall be determined by the availability of funds and shall be set forth in
					 contracts for the currently funded period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 2 - RESPITE COMPANION SERVICE PROGRAM › Section 17-1427-11 - Reduction or termination of service

Current through June, 2024
(a) A respite
				  companion shall be terminated from serving when one or more of the following
				  conditions are met:
(1) The respite companion
				  decides to resign;
(2) The respite
				  companion's physical examination result indicates that the companion is not
				  physically or mentally able to fulfill the time or duty requirements of the
				  position;
(3) The respite companion
				  no longer meets the income eligibility requirements as established by the
				  United States Office of Management and Budget;
(4) The respite companion has frequent and
				  unexcused absences;
(5) The respite
				  companion fails to fulfill required duties and responsibilities; or
(6) The respite companion is unable to accept
				  supervision from the respite station or the respite companion service
				  program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1427 - RESPITE SERVICES › Subchapter 3 - CONTRACTED RESPITE CARE SERVICES › Section 17-1427-12 - Respite care service

Current through June, 2024
Respite care service to enable primary, unpaid, regular
					 caregivers for a disabled child or adult to engage in other activities may be
					 provided by the department through contracted services, subject to the
					 availability of funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-1 - Goal

Current through June, 2024
Services provided under this chapter shall be directed at
				  providing home and 1439-1 community-based long-term care services which assist
				  individuals with developmental disabilities to remain in or return home as an
				  alternative to institutionalization.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-3 - Eligibility requirement

Current through June, 2024
(a) Home and
				community-based services shall be available to individuals:
(1) Who are eligible for federally funded
				medical assistance;
(2) Authorized
				at acuity level B by the department's medical consultant or appointed
				agent;
(3) Whose average cost of
				care will be less than the cost of institutional ICF/MR care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-4 - Provision of home and community-based services

Current through June, 2024
(a) Home and
				community-based services shall be available to clients who have been approved
				by the department and shall include any service approved by HCFA in the waiver
				program, including:
(1) Case
				management;
(2) Adult day
				health;
(3) Habilitation;
(4) Personal Care;
(5) Respite;
(6) Skilled nursing;
(7) Environmental modifications;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-5 - Exclusion of developmentally disabled/mentally retarded waiver program services

Current through June, 2024
Home and community-based services shall not include services
				  provided during periods of time when the 1439-5 client has been admitted on an
				  inpatient basis to either an acute care or longterm care
				  facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-6 - Determining client's need for home and community-based services

Current through June, 2024
(1) The individual shall be deemed to be
				mentally retarded in accordance with the provisions of chapter
				333, HRS;
(2) The interdisciplinary team shall assess
				the client to be in need of acuity level B services; and
(3) The department's medical consultant or
				appointed agent shall aithorize admission of the client to the home and
				community-based services waiver program. Authorization granted by the
				department's medical consultant or appointed agent shall be valid for not more
				than thirty days from the date of authorization.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-7 - Contractors of home and community based services

Current through June, 2024
(a) The
				contractor shall submit to the department a written request to participate in
				the waiver program.
(b) All
				contractors shall comply with all applicable federal, state, and local laws,
				ordinances, rules, regulations, and licensing requirements.
(c) Contractors receiving reimbursement for
				medicaid waiver services shall enter into a written agreement with the
				department.
(d) The agreement with
				the department shall be terminated when the contractor fails to provide home
				and community-based services in accordance with the terms stipulated in the
				agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-8 - Payment for services

Current through June, 2024
(a) The maximum
				payment for services for each client shall not exceed the HCFA approved rates
				of payment.
(b) Medicaid
				expenditures for periods of inpatient care in an acute care or longterm care
				facility shall not be computed into the annual cost of care for the
				client.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-9 - Utilization control

Current through June, 2024
(a) Contractors
				shall only serve eligible clients, whose care needs may be met by the provision
				of home and community-based services.
(b) Each evaluation, IHP, certification and
				recertification statement shall be written and entered in the client's
				record.
(c) Home and
				community-based service contractors shall meet the following conditions:
(1) The interdisciplinary team shall develop
				within one week a written individual habilitation plan which prescribes
				H&CBS services, specifying the goals, frequency and type of
				providers;
(2) The contractor shall
				implement the individual habilitation plan;
(3) A QMRP member of the interdisciplinary
				team shall review monthly, each client's individual habilitation plan to:
(A) Determine whether the client's needs are
				being met; and
(B) Determine the
				effectiveness of the services;
(4) An interdisciplinary team shall evaluate,
				at least annually, the following:
(A) Each
				client's individual habilitation plan of care;
(B) The effectiveness of the individual
				habilitation plan of care objectives; and
(C) Assess the client's continuing need for
				home and community-based services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-10 - Other basic service requirements

Current through June, 2024
(a) Contractors of
				home and community-based services shall establish and implement written
				policies and procedures that govern access to, duplication of, and
				dissemination of information from applicants' and clients' records.
(b) The following information about
				applicants and clients shall not be released:
(1) Names and addresses;
(2) Eligibility status, the amount of
				assistance, or both;
(3) Medical
				services provided;
(4) Social and
				economic conditions or circumstances;
(5) The department's evaluation of personal
				information; and
(6) Medical data,
				including diagnosis and past history of disease or disabiliy.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-15 - Termination of home and community based services

Current through June, 2024
(a) Services
				to clients of home and community-based services program shall be terminated
				when:
(1) A client is deemed by the
				interdisciplinary team to no longer require home and community-based
				services;
(2) The client or
				guardian, or both, requests termination from the program; or
(3) The client expires.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-16 - Hearings and appeals

Current through June, 2024
An appeal and hearing for applicants and clients shall be
				  available when the department suspends, terminates, or decreases service. The
				  hearings shall be conducted in accordance with departmental
				  rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1439 - HOME AND COMMUNITY BASED SERVICES FOR THE DEVELOPMENTALLY DISABLED/MENTALLY RETARDED › Section 17-1439-18 - Authorization of services

Current through June, 2024
The home and community-based services for the
				  developmentally disabled program is authorized by HCFA under the Social
				  Security Act (section 1915(c)) related to home and community-based services
				  waivers, and by the Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1443 - STATE-APPROVED FEEDING ASSISTANT TRAINING PROGRAM › Section 17-1443-2 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of human Services.
"Feeding assistant" means an individual who has successfully
				  completed a state-approved feeding assistant training program approved by the
				  department and who is paid by a nursing facility or is used under an
				  arrangement with another agency or Organization to feed nursing facility
				  residents who have no complicated feeding problems. Complicated feeding
				  Problems include difficulty swallowing, recurrent lung aspirations, and tube or
				  parenteral or intravenous (IV) feeding.
"Nursing facility" means a skilled nursing facility or
				  intermediate care facility or both, that is licensed and certified by the
				  department of health as meeting the requirements of medicare or medicaid
				  participation.
"Registered nurse" means an individual who is licensed as a
				  registered nurse in the State, pursuant to chapter
				  457,
				  HRS.
"Resident" means an individual who resides in a nursing
				  facility and receives needed professional Services directed by the attending
				  physician toward the maintenance, improvement, or protection of health, or
				  lessening of illness, disability, or pain.