reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Section 17-912-3 - Definitions

Current through June, 2024
For the purpose of chapters 17-912 to 17-927:
"Application" means a specific request made by an individual
				  for social services offered under the title XX program for the individual or on
				  behalf of another person.
"Emancipated minor" means a minor who is at least sixteen
				  years old, who earns an income which is more than sufficient to meet the
				  minor's basic living requirements, according to departmental standards, and
				  meets the minor's share of expenses in the home, and is not claimed as a tax
				  dependent. In addition, the minor shall have sufficient ability to plan the use
				  of earnings, and shall have an agreement with parents or caretakers to work and
				  use earnings as the minor wishes.
"Family" means one or more adults and children, if any,
				  related by blood, marriage, or adoption, who reside in the same household.
				  Related adults other than spouses or unrelated adults residing together shall
				  each be considered a separate family unit. A child living with non-legally
				  responsible relatives, an emancipated minor, or a child living under the care
				  of unrelated persons may be considered one-person families when the child is
				  the primary recipient of social services.
"Primary recipient" means an eligible individual for whom a
				  specific title XX goal is established and who is provided specified social
				  services in order to achieve that goal.
"Purchase of service (POS) provider" means an agency or
				  organization which offers social services on behalf of the department under the
				  terms of a valid written contract.
"Relative" means father, mother, brother, sister,
				  stepfather, stepmother, stepbrother, stepsister, half brother, half sister,
				  uncle, aunt; uncle half blood, aunt half blood, grandfather, grandmother, great
				  grandfather, great grandmother, first cousin, niece, nephew, including the
				  spouse of any of the above, even though the marriage ended in divorce or
				  death.
"Relative" means title XX of the Social Security Act (
				  42 U.S.C.
				  §1397 ).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Section 17-912-4 - Ranae of social services

Current through June, 2024
(a) The department
				shall provide a range of services to eligible individuals in accordance with
				the State's current social services block grant report of intended use and with
				provisions of the title XX social services programs specified in chapters
				17-913 to 17-927.
(b) The
				provisions of chapter 17-945 shall apply to families and children receiving
				services under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Section 17-912-5 - Methods of service provision

Current through June, 2024
(a) Services shall
				be provided to eligible individuals directly by department staff or by purchase
				of service (POS) providers. Services provided by POS providers shall be limited
				by the terms, 'scope, and funding specified in the POS contracts.
(b) Specific services such as chore, day
				care, and family care services may also be provided by individuals or agencies
				through independent arrangements made by the recipient. In these instances, the
				department shall reimburse the eligible recipient for the cost incurred in
				securing the services according to the department's payment rates for the
				service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-9 - Declaration of need for services

Current through June, 2024
(a) All persons
				  wishing to apply for available social services shall be given the opportunity
				  to do so.
(b) The application shall
				  be in writing on a form prescribed by the department. The form shall be dated
				  and signed under penalty of perjury and shall include all information needed by
				  the department necessary to establish eligibility for the services.
(1) The application form shall be signed by
				  one of the following persons:
(A) The
				  applicant;
(B) A representative
				  authorized by the applicant; or
(C)
				  When the applicant is incompetent or incapacitated, by someone acting
				  responsibly for the individual, including department staff.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-10 - Applicant as primary source of information

Current through June, 2024
(a) The applicant
				  shall be the primary source of information in determining eligibility and need
				  for initial and continuing receipt of services.
(b) The applicant or the applicant's
				  authorized, representative shall provide the department with the necessary
				  information in writing on the department's prescribed application form to:
(1) Establish eligibility for social
				  services; and
(2) Identify the
				  nature or type of services needed from the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-11 - Handlina applications

Current through June, 2024
(a) When the
				  application is received, it shall be assigned to a worker for a determination
				  of:
(1) The applicant's eligibility for
				  social services according to departmental eligibility requirements;
(2) The nature of the problem as stated by
				  the applicant;
(3) Whether the
				  identified problem may be appropriately addressed by services offered by the
				  department;
(4) Which of the
				  available services may best meet the applicant's problem;
(5) The service goals of the applicant;
				  and
(6) The need to inform the
				  applicant of and refer the applicant to other community resources if
				  appropriate, in order to:
(A) Provide freedom
				  of choice for the applicant; and
(B) Help the applicant secure services not
				  available from the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-12 - Disposition of application

Current through June, 2024
The department shall dispose of applications by taking one
					 of the following actions:
(1)
				  Applicants shall be determined eligible for social services when:
(A) All required forms and verifications
				  submitted to the department:
(i) Are received
				  within thirty days of the date of application; and
(ii) Contain all information necessary for
				  determining eligibility; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-13 - Time limits for application disposition

Current through June, 2024
(a) The disposition
				  of all applications for social services provided by the department shall be
				  made within thirty calendar days from the date of application.
(b) For applicants determined eligible,
				  services shall be initiated or arranged within:
(1) Fifteen calendar days after the decision
				  on eligibility has been made; or
(2) Thirty calendar days after date of the
				  application.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-14 - Notice to the applicant of application disposition

Current through June, 2024
(a)
				  The department shall notify applicants about the applicants' eligibility for
				  service within fifteen calendar days after the department makes a
				  decision.
(b) The applicant shall
				  be sent a written notice that contains a statement of the action taken, the
				  reasons for the action, the specific rules supporting the action, and of the
				  right to appeal the department's decision through established fair hearing
				  procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-15 - Presumntive eliaibility

Current through June, 2024
(a) Any applicant
				  not determined eligible or ineligible by the thirtieth day from the date of
				  application shall be determined presumptively eligible for the social service
				  for which the individual applied effective the thirty-first day from the date
				  of application.
(b) A determination
				  of presumptive eligibility shall not constitute a final disposition. The
				  application shall be processed and disposition of the application shall be made
				  as soon as possible. The applicant shall remain presumptively eligible until
				  the application is either approved or denied. The applicant shall be informed
				  of the decision.
(c) On the
				  thirty-first day from the date of application, the department shall send a
				  written notice of presumptive eligibility to all applicants who have not been
				  notified of approval or denial.
(d)
				  The cost of services for which the application was made shall be authorized for
				  services received beginning the thirty-first day until presumptive eligibility
				  is no longer effective when:
(1) The
				  applicant submits to the department a bill or receipt for payment within thirty
				  days of the date indicated on the bill or receipt; and
(2) The amount paid does not exceed the
				  department's rate of payment for the kind of service received.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 1 - APPLICATION FOR SERVICES › Section 17-912-16 - Right to a fair hearina

Current through June, 2024
Every applicant or recipient shall be informed in writing
					 at the time a decision is made regarding a social service application or
					 request for additional services and at the time of any department action
					 affecting the service the recipient is receiving:
(1) Of the applicant's or recipient's right
				  to a fair hearing;
(2) Of the
				  method for obtaining a hearing as specified in chapter 17-602.1; and
(3) That the applicant or recipient may be
				  represented by legal counsel, relatives, a friend, any other spokesperson the
				  applicant or recipient chooses, or that the applicant or recipient may be
				  self-represented.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 2 - GENERAL ELIGIBILITY REQUIREMENTS › Section 17-912-22 - Eliaibilitv recruirements for title XX social Services

Current through June, 2024
In order to be determined eligible for specific social
					 Services under title XX, individuals and families shall meet the following
					 reguirements:
(1) Program eligibility
				  requirements as specified in chapters 17-913 to 17-945; and
(2) Income eligibility requirements as
				  follows:
(A) Income maintenance Status for
				  the following individuals or families:
(i)
				  Recipients of AFDC or AFDC-UP benefits and any other individual included in the
				  payment; or
(ii) Recipients of
				  supplemental security income (SSI); or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 2 - GENERAL ELIGIBILITY REQUIREMENTS › Section 17-912-23 - Establishment and implementation of the service plan

Current through June, 2024
(a)
				  The department shall establish with the client a service plan which shall be
				  recorded and shall include:
(1)
				  Identification of the problem as presented by the client;
(2) Goals that shall be achieved:
(A) Self-support;
(B) Self-sufficiency;
(C) Protection;
(D) Prevention or reduction of premature or
				  inappropriate institutional care; and
(E) Institutional care; and
(3) Barriers that stand in the way
				  of achieving goals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 2 - GENERAL ELIGIBILITY REQUIREMENTS › Section 17-912-24 - Case plan

Current through June, 2024
For families with children at risk of placement or in
					 placement in substitute care, the case plan shall meet the requirements, of
					 section 17-945-11.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 3 - TREATMENT OF INCOME › Section 17-912-27 - Income information

Current through June, 2024
(a) When
				  eligibility is based on the income status of the applicant or recipient, all
				  income specified in section 17-912-28 which is available to the applicant or
				  recipient within a given month shall be taken into account in:
(1) Determining the applicant's eligibility
				  for social services; or
(2)
				  Redetermining the recipient's continuing eligibility for social
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 3 - TREATMENT OF INCOME › Section 17-912-28 - Income to be considered in eligibility determination

Current through June, 2024
(a)
				  Monthly gross income shall be used to determine categorical eligibility based
				  on income status.
(b) Monthly gross
				  income means monthly sums of income received from the following sources:
(1) Gross income before deductions are made
				  for items such as, but not limited to, taxes, union dues, bonds, and pensions
				  from:
(A) Wages;
(B) Salary;
(C) Armed forces pay; -
(D) Commissions;
(E) Tips;
(F) Piece-rate payments; and
(G) Cash bonuses earned;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 3 - TREATMENT OF INCOME › Section 17-912-29 - Exempted monthly gross income

Current through June, 2024
The following monthly gross income or resources shall be
					 excluded from consideration as resources in determining income eligibility for
					 social services:
(1) Money received
				  from the sale of property such as stocks, bonds, a house, or a car unless the
				  person was engaged in the business of selling the property, in which case, the
				  net proceeds would be counted as self-employment income;
(2) Withdrawals of bank deposits;
(3) Money borrowed;
(4) Tax refunds;
(5) Gifts, including in-kind gifts such as
				  free room and board;
(6) Lump sum
				  inheritances or insurance payments;
(7) Capital gains;
(8) The value-of coupon allotment under the
				  Food Stamp Act of 1977, as amended (
				  7 U.S.C.
				  §§2011 -
				  2027
				  ), in excess of the amount paid for the coupons;
(9) Any payment received under the Uniform
				  Relocation Assistance and Real Property Acquisition Policies Act of 1970 (
				  42
				  U.S.C. §§4601 -
				  4655
				  );
(10) Earnings of a child under
				  fourteen years. No inquiry shall be made;
(11) Loans and grants, such as scholarships
				  obtained and used under conditions that prohibit use for current living
				  expenses;
(12) Any grant or loan to
				  any undergraduate student for educational purposes made or insured under any
				  program administered by the United States Secretary of Education;
(13) Home produce utilized for house
				  consumption;
(14) Income to
				  volunteers derived from the volunteers' participation in the following programs
				  authorized by the Domestic Volunteer Service Act of 1973 (
				  42 U.S.C.
				  §§5011,
				  4951
				  -
				  4958
				  ):
(A) Foster grandparent program;
(B) Senior companion program; and
(C) Volunteers in service to America (VISTA)
				  program;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 3 - TREATMENT OF INCOME › Section 17-912-30 - Method of budaetinu income

Current through June, 2024
(a) Gross monthly
				  income shall be considered as a resource in one of the following manners:
(1) Lump sum, if received only
				  once;
(2) Current monthly income,
				  if received regularly and is constant in amount; or
(3) Average income of the past two months if
				  monthly income is irregular and there is reasonable assurance that the income
				  will be the same in the next two months,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 4 - AUTHORIZATION FOR SERVICE › Section 17-912-34 - Service authorization

Current through June, 2024
(a) The department
				  shall provide services only as part of a social service plan for individuals
				  and families meeting the eligibility requirements for specific
				  services.
(b) The social service
				  plan shall include only those services which are described in chapters 17-913
				  to 17-927, as being available through the department.
(c) The services shall be authorized by the
				  department social worker and shall be for a predetermined period during which
				  services are necessary. Services authorized shall not cover a period prior to
				  the actual date on which the individual or family was determined eligible for
				  the service.
(d) No payment shall
				  be made for services which are not included in the service plan and which are
				  provided the recipient without prior written authorization of the
				  department.
(e) Payment for
				  services shall be provided:
(1) Through cash
				  payment, directly to the recipient after service is received;
(2) By purchase order payment made on behalf
				  of the recipient directly to a vendor with a written purchase agreement with
				  the department; or
(3) By purchase
				  of service payment made on behalf of the recipient directly to a POS
				  provider.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 5 - OTHER PROVISIONS › Section 17-912-39 - Request for additional services

Current through June, 2024
(a) There shall be
				  written documentation of a recipient's request for services in addition to the
				  services the recipient is already receiving. The documentation may be:
(1) A written request completed by the
				  recipient; or
(2) A recording of
				  the request by departmental staff.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 5 - OTHER PROVISIONS › Section 17-912-40 - Redetermination of eliuibility for social services

Current through June, 2024
(a) The
				  department shall redetermine income and program eligibility for continued
				  social services:
(1) When information is
				  obtained that there are anticipated changes in the individual's or family's
				  situation;
(2) Promptly, not to
				  exceed thirty days, after information is received that changes have occurred in
				  the individual's or family's circumstances which may result in ineligibility
				  for services; and
(3) At least once
				  every year from the month eligibility for service was determined.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 5 - OTHER PROVISIONS › Section 17-912-41 - Confidentiality

Current through June, 2024
The provisions of chapter 17-601 shall be applicable to
					 the specific services identified in chapters 17-912 to 17-927, except for
					 chapter 17-920.1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 5 - OTHER PROVISIONS › Section 17-912-42 - Reporting changes

Current through June, 2024
(a) Social service
				  recipients shall be responsible to report to the department within thirty days
				  of occurrence any changes in:
(1) Monthly
				  gross income and the source of the income;
(2) Address, including:
(A) Place of residence; and
(B) Mailing address;
(3) Family member size;
(4) Marital status;
(5) Providers of the service the recipient is
				  receiving; and
(6) Circumstances
				  which may affect the recipient's eligibility for continuing services,
				  including, but not limited to;
(A) Changes in
				  number of hours of service required;
(B) Changes in hours of employment;
				  and
(C) Anticipated changes in the
				  individual's situation which may affect the individual's eligibility for
				  continued services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 5 - OTHER PROVISIONS › Section 17-912-43 - Overpayments and recoupment

Current through June, 2024
(a) An overpayment
				  shall occur when a recipient receives social service cash payments to which the
				  person is not entitled.
(b)
				  Overpayments shall be collected from the individual in the following manner:
(1) As a refund from the currently available
				  social service cash payment at a rate of ten per cent of the monthly social
				  service payment for individuals who continue to be eligible for social service
				  costs; or
(2) Recovered for the
				  department by the investigations office (INVO) for individuals who are no
				  longer eligible for cash payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 6 - TERMINATION, SUSPENSION, OR REDUCTION OF SERVICE › Section 17-912-49 - Advance notice of action to terminate, suspend, or reduce social services

Current through June, 2024
(a) The department
				  shall give timely and adequate notice prior to initiating-action to terminate,
				  suspend, or reduce social services unless the provisions of subsection (d)
				  apply. Under this requirement:
(1) "Timely"
				  means that:
(A) The department shall mail a
				  written notice at least ten days prior to the effective date of action. The
				  date of action shall be the date on which services shall be terminated,
				  reduced, or suspended; and
(B) When
				  the department obtains facts indicating need for the action because of probable
				  fraud, the department shall mail a written notice at least five days before
				  social service is actually terminated, suspended, or reduced. Where possible,
				  these facts shall have been verified through collateral sources; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 912 - TITLE XX GENERAL PROVISIONS › Subchapter 6 - TERMINATION, SUSPENSION, OR REDUCTION OF SERVICE › Section 17-912-50 - Basis for reduction or termination of services

Current through June, 2024
(a) Services
				  shall be reduced or terminated when one or more of the following occur:
(1) When it is determined that the individual
				  is ineligible for continued services;
(2) The recipient moves and leaves no
				  forwarding address or the recipient's whereabouts are unknown;
(3) The service is no longer included in the
				  department's scope of service;
(4)
				  The recipient is unwilling or unable to make constructive use of the
				  service;
(5) The department social
				  worker has determined that the recipient's need for the service has
				  decreased;
(6) The POS provider no
				  longer has a valid contract with the department to provide the
				  service;
(7) The recipient requests
				  termination of services;
(8) The
				  recipient leaves the State; or
(9)
				  The recipient dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1400 - OVERVIEW › Section 17-1400-1 - Purpose

Current through June, 2024
The purpose of the rules specified in this subtitle is
				  to:
(1) Identify the types of
				assistance and services offered by the adult and community care services
				branch;
(2) Specify conditions
				which an individual shall meet in order to receive the assistance or services;
				and
(3) Specify conditions which
				the adult and community care services branch shall follow in administering the
				programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to define the conditions
				  under which the department of human services, social services division, adult
				  and community care services branch (ACCSB), may disclose information related
				  to:
(1) Applicants or recipients of
				services provided by the ACCSB;
(2)
				Individuals who are subjects of a vulnerable adult abuse report investigated by
				the ACCSB; and
(3) Any other
				information gathered and maintained by the ACCSB.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-2 - Definitions

Current through June, 2024
For purposes of this chapter unless the context otherwise
				  indicates:
"Authorized recipient of confidential information" means
				  those entities authorized by departmental rules, state or federal statutes, or
				  court order to receive information contained in the reports and records
				  maintained by the department.
"Disclosure" means the release of confidential information
				  by the department.
"Guardian ad litem" means a person appointed by the court
				  whose role is to protect and promote the needs and interests of the adult or a
				  party in a court hearing pursuant to section
				  346-234,
				  HRS.
"Near fatality" means an act that, as certified by a
				  physician, places the adult in a serious or critical condition or would result
				  in the adult's death if untreated.
"Perpetrator" shall be as defined in section
				  17-1421-2.
"Record or records" means all written or electronic
				  information gathered and maintained by the department in its state central
				  registry or in physical records, including but not limited to:
(1) Reports of vulnerable adult abuse accepted by the
				  department for further action;
(2) Documentation of actions taken by the department;
(3) Medical, psychological, psychiatric, or other reports as
				  well as departmental contacts, assessments, or reports; and
(4) Any record or information collected and maintained by the
				  department that identifies or contains information regarding a person who
				  is:
(A) An applicant or recipient of services from the
				  department; or
(B) A perpetrator of vulnerable adult abuse.
"Re-disclosure" means the release of confidential
				  information received from the department by the authorized recipient of the
				  information.
"State central registry" means the information regarding
				  reports of vulnerable adult abuse and subsequent actions by the department
				  maintained in the department's information system.
"Vulnerable adult" shall be as defined in section
				  346-222,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-3 - Maintenance of records

Current through June, 2024
(a) The ACCSB shall
				keep records to document information acquired in the administration of the
				ACCSB programs.
(b) This
				information shall:
(1) Substantiate the
				expenditure of public funds;
(2) Be
				kept in confidential records and files; and
(3) Not be subject to any other law
				permitting inspection of public records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-4 - Disclosure of records

Current through June, 2024
(a) All records and
				information shall be confidential and unauthorized disclosure or re-disclosure
				shall be a violation. Records shall not be accessible for public inspection
				except as provided by this chapter.
(b) Disclosure of records shall be provided
				in accordance with departmental procedures, provided that when the record
				contains information the person is not authorized to receive, that information
				shall not be provided.
(c)
				Recipients of confidential information shall be bound by the same
				confidentiality restrictions as the department and shall maintain
				confidentiality and prevent unauthorized re-disclosure.
(d) The name of a reporter of vulnerable
				adult abuse shall be disclosed only with the reporter's written authorization
				or pursuant to a court order.
(e)
				Records containing communications between the department of the attorney
				general and the department shall not be disclosed as those communications are
				considered attorney-client privilege and are subject to release only by court
				order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-5 - Disclosure of information to applicants, recipients, perpetrators, or entities designated by the applicant, recipient, or perpetrator to receive confidential information

Current through June, 2024
(a) Disclosure of
				information to individuals or agencies other than those specified in section
				17-1401.1-6 shall be allowed only when a written authorization has been
				obtained from the applicant, recipient, perpetrator, or the legal guardian of
				the applicant, recipient, or perpetrator. The written authorization shall be
				signed and dated by the applicant, recipient, perpetrator, or the legal
				guardian of the applicant, recipient, or perpetrator and shall specify:
(1) The name of the individual or agency
				authorized to receive the information or to review the record;
(2) The specific information the department
				is authorized to release and the purpose for which the information is being
				sought;
(3) The name, social
				security number or birth date, and address of the applicant, recipient, or
				perpetrator;
(4) The expiration
				date or expiration event that relates to the applicant, recipient, or
				perpetrator or the purpose of the authorization, and also specifying that if no
				expiration date or expiration event is specified the authorization shall expire
				one year from the date the authorization is signed; and
(5) Whether the information is desired
				through review or by receipt of reproduced copies of the information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-7 - Restrictions against disclosure of information relating to human immunodeficiency virus (HIV), AIDS related complex (ARC), and acquired immune deficiency syndrome (AIDS)

Current through June, 2024
(a) All records
				including all communication, or specific medical or epidemiological information
				contained therein, that identify any individual who has or has been tested for
				HIV, ARC, or AIDS, shall only be released pursuant to section
				325-101,
				HRS, and in accordance with departmental procedures.
(b) Persons or entities receiving information
				under this section shall maintain confidentiality of the information subject to
				section
				325-102, HRS, which
				provides civil penalties for the unauthorized disclosure of information
				relating to HIV, ARC, and AIDS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-8 - Applicant's, recipient's, or perpetrator's right to correct case record

Current through June, 2024
Each applicant or recipient of services provided by the
				  ACCSB or perpetrator of vulnerable adult abuse shall have the right to request
				  to have their record amended by the department in accordance with chapter
				  92F, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-9 - Dissemination of material

Current through June, 2024
All material sent or distributed to applicants or recipients
				  of services provided by the ACCSB, including material enclosed in envelopes
				  containing checks, shall be limited to the administration of social services
				  programs.
(1) Mailing or distribution
				of holiday greetings, general public announcements, voting information, and
				alien registration notices shall be prohibited.
(2) Material relating to the health and
				welfare of applicants and recipients, such as announcements of free medical
				exams, availability of services or resources, and consumer protection
				information may be mailed or distributed.
(3) Only the names of the persons directly
				connected with the administration of the social services program and identified
				in an official capacity with the department shall be contained in material sent
				or distributed to applicants, recipients, and providers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-10 - Penalty

Current through June, 2024
Any person who fails to safeguard confidential information
				  or who violates rules governing the confidential nature of department
				  information may be prosecuted for a violation. Violators shall include, but
				  shall not be limited to:
(1) Any
				person, including any person who acquires information through authorized
				inspection, who divulges the information other than as authorized by law;
				and
(2) A person who intentionally
				and knowingly aids or abets an unauthorized person in the inspection of the
				records or files.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
				  administrative provisions of the hearing process including the responsibilities
				  of the department to the applicant, recipient, or claimant, as well as the
				  rights and benefits of these individuals between the time the individuals
				  express dissatisfaction with any adult and community services branch action or
				  inaction and the time a final hearing decision is
				  implemented.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-2 - Definitions

Current through June, 2024
As used in this chapter: "Adverse action" means denial of or
				  failure to act with reasonable promptness on a claim for public assistance, or
				  the suspension, reduction, termination, or withholding of public
				  assistance.
"Aid paid pending a hearing decision" means the continuation
				  or reinstatement of public assistance paid to or for recipients between the
				  date of timely request for a hearing and the date the hearing decision is
				  made.
"Authorized representative" means an individual who has been
				  authorized in a written statement by the claimant to act for and represent the
				  claimant in any and all aspects of a hearing.
"Claimant" means an applicant or recipient who has requested
				  a hearing in writing due to dissatisfaction with adult and community services
				  branch action or inaction. A claimant with a court appointed guardian of the
				  person shall be considered to be represented by the guardian. The guardian
				  shall have all rights and duties of the incapacitated claimant.
"Date of hearing request" means the date of the department's
				  receipt of a signed written request for a hearing by the claimant or authorized
				  representative which meets all the criteria of a request for hearing as defined
				  in this section. When there is no prior written request by the claimant, and no
				  written authorization naming an authorized representative, the date of hearing
				  request shall be the date the authorization is received.
"Hearing" means an administrative proceeding which affords
				  an aggrieved person an opportunity to present an appeal before an impartial
				  departmental representative for formal decision.
"Hearing officer" means an impartial person assigned by the
				  department to conduct hearings and to render a final decision. The hearing
				  officer shall not have been directly involved in the initial determination of
				  the action in question.
"Informal review" means a review conducted by the department
				  at the written or oral request of a dissatisfied individual. An informal review
				  is not the same as the administrative hearing procedure provided the individual
				  after a written request for a hearing is received.
"Request for hearing" means a clear written expression,
				  documenting the appeal, by the claimant or authorized representative that the
				  claimant wants a hearing because the claimant is dissatisfied with an adult and
				  community care services branch action of denying, reducing, discontinuing,
				  terminating, suspending, withholding assistance, not acting on a claim for
				  assistance with reasonable promptness, or determining an overpayment
				  amount.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-3 - Informal Review

Current through June, 2024
(a) A dissatisfied
				individual may request an informal review from the department before or after
				filing a request for a hearing. However, the individual is not required to seek
				that action before filing a request for a hearing.
(b) Request for informal review may be made
				of the following individuals:
(1) The social
				services worker;
(2) Unit
				supervisor;
(3) Section
				administrator; or
(4) Branch
				administrator.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-4 - Right to a hearing

Current through June, 2024
(a) Every applicant
				for or recipient of public assistance shall be provided an opportunity for a
				hearing if dissatisfied with any adult and community care services branch
				adverse action affecting the assistance claim.
(b) Every applicant or recipient filing for a
				hearing shall have the right to submit a written request naming an authorized
				representative for hearing purposes. The written authorization shall be
				received by the department before the department acknowledges any action taken
				by the authorized representative on the applicant's or recipient's
				behalf.
(c) Every applicant or
				recipient shall be informed in writing at the time of application for any form
				of public assistance and at the time of an adult and community care services
				branch action affecting the individual's assistance claim:
(1) Of the individual's right to a
				hearing;
(2) Of the method for
				obtaining a hearing; and
(3) That
				the individual may present the appeal independently or be represented by an
				authorized representative such as legal counsel, relative, friend, or any other
				person of the individual's choice.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-5 - Rights of the claimant

Current through June, 2024
The claimant or the authorized representative shall have an
				  opportunity to:
(1) Examine the case
				record as well as all documents and records to be used at the hearing at a
				reasonable time before the date of the hearing as well as during the
				hearing;
(2) Present the case
				independently or with the aid of others including legal counsel;
(3) Bring witnesses, including an interpreter
				if the claimant is non-English speaking. If the claimant does not have an
				interpreter, an interpreter shall be obtained by the department;
(4) Establish all pertinent facts and
				circumstances;
(5) Advance any
				arguments appropriate to the issue being heard without undue interference;
				and
(6) Question or refute any
				testimony or evidence, and to confront and cross examine any witness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-6 - Action on request for hearing

Current through June, 2024
(a) When a
				claimant's written request for a hearing is received by the department, the
				department shall immediately determine whether the request was received within
				the time period specified in this section and shall submit the request to the
				hearing officer. The department shall enter on the request the claimant's name,
				case number, and date the request was received. When the claimant is a court
				appointed guardian, the department shall require verification by the
				appropriate court documents. The department shall indicate the claimant's
				guardian status on the request.
(b)
				When the request is received by the hearing office, the request shall be date
				stamped and immediately forwarded to the unit which initiated the adverse
				action. The unit shall immediately determine whether the request was received
				within the period specified in this section.
(c) The request shall be received by the
				department within ninety calendar days of the date on which the notice
				informing the client of an adult and community care services branch decision
				was mailed to the claimant and shall refer to that specific decision. If the
				ninetieth day falls on a weekend or holiday, the ninetieth day shall then be
				the working day following the weekend or holiday.
(d) If the request was not filed within
				ninety calendar days of the date the notice was mailed to the claimant, the
				request shall be denied and the unit shall mail a notice of denial to the
				claimant.
(e) When the requirements
				specified in section 17-1402-10 are met, the unit shall reinstate or continue
				assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-7 - Unit responsibility

Current through June, 2024
(a) When the unit
				assists the applicant or recipient in filing for the hearing, the unit shall
				inform the applicant or recipient of the person's right to legal counsel, and
				inform the individual of legal resources in the community.
(b) The unit shall review all requests for
				hearing to assure that all facts are properly considered. If any basis for the
				grievance is found prior to the hearing, the unit shall promptly take necessary
				corrective action.
(c) The unit
				shall remain in touch with the claimant and shall immediately notify the
				hearing officer of any change in address or circumstances which may affect the
				need for the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-9 - Denial or dismissal of a request for hearing

Current through June, 2024
(a) A
				hearing shall not be granted by the department when either federal or state law
				requires automatic grant adjustment for classes of recipients unless the appeal
				is for incorrect grant computation.
(b) A hearing shall not be granted by the
				department when the claimant has withdrawn the request in writing. Where the
				claimant verbally reports a desire to withdraw the hearing request, the
				claimant shall be advised that the withdrawal shall be submitted in writing. If
				the claimant prefers, the department shall confirm the claimant's request to
				withdraw in writing to the claimant.
(c) The unit shall determine whether the
				request for hearing is based on action taken by the department as a result of
				subsection (a). These requests shall be denied by the unit.
(d) A hearing shall not be granted by the
				hearing officer when the claimant has abandoned the request. Abandonment occurs
				when the claimant or the authorized representative, without good cause, fails
				to appear at the hearing scheduled for the claimant.
(1) The, hearing officer shall send the
				claimant a letter stating that the appeal is considered abandoned unless there
				was good cause for the claimant's failure to appear. The claimant shall be
				notified that the request shall continue only if the claimant presents good
				cause for the failure to appear and contacts the agency within ten calendar
				days of the notice. If no reply is received within the ten calendar days, the
				hearing request shall be considered abandoned. If the tenth day falls on a
				weekend or holiday, the tenth day shall then be the working day after the
				weekend or the holiday.
(2) Good
				cause may be established on the basis of one of the following factors:
(A) Death in the family;
(B) Personal injury or illness which
				reasonably prohibits the claimant from attending the hearing; or
(C) Sudden and unexpected
				emergencies,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-10 - Status of social services recipients pending hearing

Current through June, 2024
(a)
				When a signed written request for a hearing is received from a social services
				recipient, entitled to timely notice, before the date of action, the date on
				which services shall be reduced or terminated, no action shall be taken to
				reduce or terminate social services until a hearing decision is rendered,
				unless:
(1) The claimant withdraws or
				abandons the request for hearing as specified in section 17-1402-9;
(2) A determination is made at the hearing
				that the sole issue involved is one of state or federal law or policy, or
				change in state or federal law and not one of incorrect service cost
				computation;
(3) Another change
				affecting the claimant's services occurs during the hearing process and the
				claimant fails to request a hearing after notice of the change; or
(4) The recipient specifically requests not
				to receive continued service pending a hearing decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1402 - HEARINGS › Section 17-1402-11 - The hearing

Current through June, 2024
(a) The hearing
				shall include consideration of:
(1) Any adult
				and community care services branch adverse action on a claim for social
				services which includes the department's:
(A)
				Failure to determine eligibility or make a payment within time limits set by
				the specific public assistance programs;
(B) Refusal to consider a request for or
				failure to make a payment adjustment within time limits set by the specific
				public assistance programs; or
(C)
				Discontinuance, termination, suspension, withholding, or reduction of the
				assistance; and