reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-6 - Authorization of payments

Current through June, 2024
(a) Monthly state
				supplemental payments for special care needs individuals shall be authorized
				for individuals who require higher than level of care III care and who, as
				determined by the department, meet the following conditions:
(1) The individual shall be a resident of an
				adult domiciliary care home who at initial placement was appropriately
				evaluated as needing level of care I, II, or III;
(2) The individual's condition has
				deteriorated following initial placement into domiciliary care and the
				individual has been identified as a level of care III resident certified by a
				physician as needing care in a nursing facility; and
(3) The individual is put on a waiting list
				for placement in a nursing facility.
(4) Exception: An individual approved for
				special care needs payments prior to July 19, 1982 and who does not meet the
				requirements of this subsection shall be exempt from meeting the requirements
				as long as the individual remains in the home in which the individual was first
				assessed as having special care needs. However, all of the requirements of this
				subsection shall be met when the following occurs:
(A) The individual transfers to another
				domiciliary care facility; or
(B)
				The individual is temporarily admitted to a medical facility for treatment and
				is discharged to the same home the individual resided in prior to entering the
				medical facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1418 - ADULT FOSTER CARE SERVICES › Section 17-1418-7 - Reduction or termination of services or payments

Current through June, 2024
The department shall reduce or terminate services or
				  payments to the individual in accordance with section
				  17-1416-44 when one or more of the
				  following occurs:
(1) Conditions for
				the reduction or termination of services specified in section 17-1416-45 are
				met;
(2) Friends or relatives
				express willingness and are able to assist without charge to the
				recipient;
(3) The individual no
				longer requires adult foster care placement services;
(4) The individual does not meet eligibility
				requirements specified in section 17-1418-4;
(5) The individual leaves the
				State;
(6) The individual moves and
				leaves no forwarding address or the individual's whereabouts are
				unknown;
(7) The individual
				requests termination of services;
(8) The individual requires services which
				are not within the scope of services specified in section 17-1418-5;
(9) The level of care required by the
				individual is higher than that which the domiciliary care home operator is able
				to provide;
(10) The department
				lacks resources to provide state supplemental payments for adult foster care
				services as specified in section 17-1418-5; or
(11) The individual dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-1 - Goals

Current through June, 2024
(a) Chore services shall be provided eligible
				recipients who cannot do essential housekeeping activities necessary to remain
				at home. The intent of chore services shall be to enable the recipients to
				maintain a stable living arrangement in health and safety as independently as
				possible.
(b) Chore services shall
				be consistent with the following goals:
(1)
				Self-sufficiency by providing some means by which the recipients may achieve,
				restore, or maintain independent living and self-direction;
(2) Prevention or remedy of abuse, neglect,
				or exploitation by providing services to the recipients during a protective
				service period; and
(3) Prevention
				or reduction of premature or inappropriate institutional care through the
				provision of home-based care which would allow the recipient to remain in or
				return home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Chore person" means an individual, without specialized
				  training in personal care services or nursing care services, who is hired
				  independently by the recipient or is provided by the department through a
				  purchase of service contract to perform chore services.
"Chore services" means those services provided in the
				  recipient's home to eligible individuals consisting of essential housekeeping
				  and related activities defined in section
				  17-1419-5, which the recipients
				  cannot do independently because of a physical or mental disability. Chore
				  services do not include services provided in domiciliary care homes as defined
				  in chapter 17-1418 or services in any facility which provides twenty-four hour
				  living accommodations and care for a fee by persons unrelated to recipients who
				  are unable to care for themselves.
"Individual" or "recipient" means an adult, age eighteen or
				  over, who is in need of chore services as specified in this chapter.
"Legal guardian" means:
(1) Any adult who has assumed legal guardianship of a child
				  as the result of a judicial determination under chapter
				  560, Hawaii Revised Statutes;
				  or
(2) Any person appointed by the court who has the rights and
				  responsibilities over an adult as a parent has over an unemancipated minor
				  subject to the limitations on the powers of the guardian ordered by the
				  court.
"Permanent custodian" means any adult who has assumed
				  permanent custody of a child as the result of a judicial determination under
				  chapter
				  587, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-3 - Eliaibilit remiirements

Current through June, 2024
(a) To be eligible
				for chore Services, the individual shall meet one of the following
				requirements:
(1) Income maintenance Status
				as specified in section 17-1416-20(2)(A); or
(2) Without regard to income Status for
				individuals who require protective Services as specified in section
				17-1416-20(2)(B). When the department determines that protection is no longer
				needed as specified in section 17-1421-15, the recipient shall be assisted to
				apply for chore Services, and eligibility shall be established as specified in
				paragraph (1).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-5 - Scope of service

Current through June, 2024
(a) Chore services
				shall be provided according to a service plan developed between the social
				worker and the recipient.
(b)
				Services shall be limited to no more than eight hours a day. The maximum weekly
				hours shall be determined by the department based on the availability of
				resources.
(c) Chore services shall
				include one or more of the following activities:
(1) Routine housecleaning such as sweeping,
				mopping, dusting, making beds, cleaning the toilet and shower or bathtub,
				taking out rubbish;
(2) Care of
				clothing and linen by washing, drying, ironing, mending;
(3) Marketing and shopping for household
				supplies and personal essentials;
(4) Light yard work such as mowing the lawn,
				raking the lawn, trimming hedges, bundling rubbish for refuse
				collection;
(5) Simple home repairs
				such as mending screens, replacing light bulbs, replacing light fixtures,
				fixing leaky faucets, clearing stopped-up drains;
(6) Preparing meals;
(7) Running errands such as paying bills,
				picking up medication;
(8)
				Escorting the recipient to medical care services, nutritional or recreational
				programs;
(9) Providing to the
				social worker observations about the recipient's behavior and changes in home
				management abilities which necessitate more or less service; or
(10) Assistance with bathing, dressing,
				grooming.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-6 - Authorization for Service

Current through June, 2024
(a) The department
				shall pay for only the chore Services identified in section 17-1419-5 and
				specified in a written social Service plan made between the recipient and the
				social worker.
(b) Chore Services
				shall be authorized according to the total number of hours per day and the
				total number of weeks or months the specific Services are expected to be needed
				by the recipient based upon the judgment of the social worker. If the recipient
				lives with other adults who do not need chore Services but who benefit by the
				provision of service, the time allotted the particular task shall be prorated
				among the adult household members. In the event two or more recipients live in
				the same home and require the same service (e.g., light cleaning), the time
				allotted shall be prorated among the recipients.
(c) When the recipient independently hires
				the chore person, the department shall reimburse the recipient by direct
				monthly cash payments after service is received at a rate not exceeding the
				current State minimum hourly wage, and for no more than eight hours a day. The
				maximum weekly hours shall be determined by the department based on the
				availability of resources. Chore Services cash payments made to recipients
				shall be made in accordance with section 17-1416-32.
(d) Where the chore Service shall be provided
				through a purchase of Service provider, the department shall reimburse the
				provider agency at the contracted rate but for no more than eight hours a day.
				The provider may also Charge the recipient or someone else Willing to pay on
				behalf of the recipient for the difference between the amount the department
				pays and the actual Charge for chore Services. The recipient's inability to
				meet the Charge, if the recipient is otherwise eligible for chore Services,
				shall not be. used by the purchase of Service provider as the basis to deny the
				Services.
(e) The chore person
				shall be expected to perform the tasks agreed upon and specified in the service
				plan.
(1) When the chore person is a minor or
				an adult for whom a legal guardian has been appointed by the court, written
				consent from the minor's parent, legal guardian, or permanent custodian or from
				the adult's legal guardian shall be obtained by the department to verify that.
				the parent, legal guardian, or permanent custodian is in agreement with the
				tasks to be performed.
(2) If a
				change in the type or duration of the activity is required, the change shall be
				agreed upon by the recipient, chore person, chore person's legal guardian, or
				permanent' custodian as applicable, and social worker prior to
				authorization.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1419 - CHORE SERVICES FOR COMMUNITY LONG-TERM CARE PROGRAMS › Section 17-1419-7 - Reduction or termination of chore service

Current through June, 2024
Chore services shall be reduced or terminated in accordance
				  with section
				  17-1416-44 when one or more of the
				  following occurs:
(1) Conditions for
				the reduction or termination of services as specified in section 17-1416-45 are
				met;
(2) Friends or relatives of
				the recipient express willingness to and are able to assist without charge to
				the recipient;
(3) The social
				worker's determination based upon observation, discussion, and medical
				statements when appropriate is that the recipient's physical or mental
				condition has worsened to the extent that other more specialized services such
				as personal care or nursing care are needed;
(4) The recipient's physician has determined
				and the recipient agrees that the recipient's physical or mental condition has
				worsened to the extent that the recipient can no longer be sustained safely at
				home and requires placement on a long-term basis in adult foster care or a
				medical or nursing facility;
(5)
				The recipient is unwilling or unable to make constructive use of the service
				and continuation of the services is determined by the social worker to be
				contrary to the overall rehabilitation or treatment plan;
(6) The recipient no longer meets eligibility
				requirements specified in section 17-1419-3;
(7) The social worker's determination based
				upon observation of and discussion with the recipient and upon medical
				statements when appropriate is that the recipient's physical or mental
				condition has improved to the extent that the recipient is able to assume more
				housekeeping responsibility and that fewer or no chore service hours are
				required;
(8) The purchase of
				service provider no longer has a valid contract with the department to provide
				the service;
(9) Services have not
				been provided for thirty days and the interruption in service is not related to
				the placement of the recipient on a short-term basis in adult foster care or a
				medical or nursing facility, or to medical or legal reasons as verified by a
				physician or the court;
(10) The
				recipient leaves the State;
(11)
				The service required by the recipient is not encompassed by the scope of
				service defined in section 17-1419-5;
(12) The recipient requests termination of
				services;
(13) The recipient dies;
				or
(14) The department lacks
				available funds to provide chore services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1421-2 - Definitions

Current through June, 2024
As used in this chapter:
"Abuse" shall be as defined in section
					 346-222, HRS.
"Capacity" shall be as defined in section
					 346-222, HRS.
"Caregiver" shall be as defined in section
					 346-222, HRS.
"Caregiver neglect" shall be as defined in section
					 346-222, HRS.
"Confirmed" means that an investigation conducted by the
					 department revealed reasonable cause to believe that vulnerable adult abuse had
					 occurred.
"Court" shall be as defined in section
					 346-222, HRS.
"Financial exploitation" shall be as defined in section
					 346-222, HRS.
"Investigation" means the professional and systematic
					 gathering and evaluation of information about the vulnerable adult for the
					 purpose of making decisions regarding confirmation of abuse, protection of the
					 vulnerable adult, and the provision of services for the vulnerable
					 adult.
"Legal guardian" means a person appointed by the court who
					 has the rights and responsibilities over the vulnerable adult as a parent has
					 over an unemancipated minor subject to the limitations on the powers of the
					 guardian ordered by the court.
"Perpetrator" means the person identified by a reporter of
					 vulnerable adult abuse or the department as the person who, by acts or
					 omissions, has abused a vulnerable adult.
"Physical abuse" shall be as defined in section
					 346-222, HRS.
"Protective service incident" means any new occurrence of
					 reported abuse of a vulnerable adult to the department.
"Protective services for vulnerable adults" means the
					 specialized, time-limited services provided on behalf of a vulnerable adult who
					 is reported to have been abused to ensure the vulnerable adult's safety and
					 welfare.
"Protective services plan" shall be as defined in section
					 346-222, HRS.
"Psychological abuse shall be as defined in section
					 346-222, HRS.
"Self-neglect" shall be as defined in section
					 346-222, HRS.
"Sexual abuse" shall be as defined in section
					 346-222, HRS.
"Unconfirmed" means that an investigation conducted by the
					 department revealed there was insufficient evidence to confirm that vulnerable
					 adult abuse had occurred.
"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 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1421-3 - Eligibility requirements

Current through June, 2024
Protective services shall be available to vulnerable
					 adults who are abused without regard to income as specified in section
					 17-1416-20(2)(B).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1421-5 - Authorization for service

Current through June, 2024
(a) Protective
				  services shall be authorized for vulnerable adults following a referral or
				  request for protective services.
(b) The department shall document the
				  referral or request on a prescribed department form.
(c) Subject to the availability of funds,
				  payment for protective service resources shall be authorized for each
				  protective service incident when:
(1) The
				  vulnerable adult meets the eligibility requirements specified in section
				  17-1421-3;
(2) The department
				  determines that protective service resources are necessary and appropriate for
				  the vulnerable adult; and
(3) No
				  other method of payment is available such as medicaid assistance or purchase of
				  service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 2 - REPORTS › Section 17-1421-6 - Screening of reports

Current through June, 2024
(a) The department
				  shall screen each report of vulnerable adult abuse received to determine
				  whether the subject of the report is a vulnerable adult who:
(1) Has incurred abuse; or
(2) Is in danger of abuse if immediate action
				  is not taken.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 2 - REPORTS › Section 17-1421-7 - Registration of reports

Current through June, 2024
Each report of vulnerable adult abuse accepted for
					 investigation by the department as specified in section
					 17-1421-6 shall be entered into
					 the department's information system, which is the state central registry on
					 vulnerable adult abuse, in accordance with departmental
					 procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 2 - REPORTS › Section 17-1421-8 - Reporting of vulnerable adult abuse

Current through June, 2024
Instances of vulnerable adult abuse that may involve a
					 crime shall be reported to the police or appropriate law enforcement agency
					 with or without the adult's consent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-9 - Investigation

Current through June, 2024
(a) An investigation shall include but not be
				  limited to:
(1) Reasonable efforts to have
				  face to face contact with the vulnerable adult and alleged perpetrator(s) of
				  abuse using police assistance as necessary in accordance with section
				  346-229,
				  HRS;
(2) Collateral contacts as
				  needed with others such as family members, friends of the vulnerable adult, and
				  professionals who may have information about the vulnerable adult relevant to
				  the investigation; and
(3) An
				  assessment of the need for protective services and referrals to appropriate
				  resources.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-9.1 - Disposition and notice

Current through June, 2024
(a) For those
				  reports accepted for investigation pursuant to section 17-1421-6, a disposition
				  shall be made in accordance with departmental procedures and documented in the
				  department's information system within sixty-calendar days of the date of the
				  report as to whether the vulnerable adult has been abused.
(b) The disposition shall be shared with and
				  explained to the vulnerable adult or the vulnerable adult's legal guardian and
				  the identified perpetrator(s) either in writing or orally.
(c) In addition, the department shall provide
				  a written notice on a prescribed department form to the identified
				  perpetrator(s) of the disposition of the investigation. The written notice
				  shall include:
(1) The department's decision
				  to confirm or not confirm the allegations of vulnerable adult abuse;
(2) The specific rules supporting the action;
				  and
(3) The identified
				  perpetrator's right to appeal the department's disposition through established
				  hearing procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-10 - Provision of services

Current through June, 2024
(a) Protective
				  services for vulnerable adults shall include the development of a protective
				  services plan.
(b) Services such as
				  the following shall be provided as determined necessary by the department to
				  prevent further abuse:
(1) Providing
				  counseling to the vulnerable adult alone, and where appropriate, to family
				  members and other collaterals to assist the individuals in recognizing the
				  problems resulting in abuse and in developing alternative means of handling the
				  situation;
(2) Assisting the
				  vulnerable adult, the vulnerable adult's family or friends, or legal guardian
				  in locating and arranging for needed services in the vulnerable adult's home or
				  in an alternative living arrangement; and
(3) Assisting the vulnerable adult in the
				  initial adjustment to services provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-11 - Court intervention

Current through June, 2024
(a) The department
				  shall initiate court action by petitioning for an order for immediate
				  protection when, in accordance with sections
				  346-231
				  and
				  346-232,
				  HRS, the department determines that there is reason to believe the vulnerable
				  adult has incurred abuse or is in danger of abuse if immediate action is not
				  taken.
(b) The department may
				  initiate court action for the appointment of a legal guardian or conservator
				  under article V of chapter
				  560, HRS, and may consolidate this
				  action with the proceedings for an order for immediate protection.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-12 - Confidentiality

Current through June, 2024
(a) All information relating to cases of
				  vulnerable adult abuse shall be confidential and unauthorized disclosure shall
				  be punishable as provided in section
				  346-225,
				  HRS.
(b) In addition, the
				  provisions of chapter 17-1401.1 shall apply to this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 3 - SCOPE OF SERVICE › Section 17-1421-13 - Coordination with and referral to other agencies

Current through June, 2024
(a) The
				  department may enter into written agreements or purchase of service contracts
				  with other agencies for the provision of services, including screening of
				  reports and investigation, as specified in sections 17-1421-6, 17-1421-9, and
				  17-1421-10.
(b) Upon termination of
				  protective services for vulnerable adults by the department, the vulnerable
				  adult shall be referred to the agency responsible for follow-up services as
				  appropriate. For the mentally ill adult and the developmentally disabled adult,
				  the designated state agency to provide services is the department of
				  health.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 4 - TERMINATION › Section 17-1421-14 - Termination of payment

Current through June, 2024
Payment for protective service resources for vulnerable
					 adults shall be terminated under one of the following conditions:
(1) The vulnerable adult no longer meets
				  eligibility requirements for protective services as specified in this
				  chapter;
(2) Protective services
				  for the vulnerable adult are terminated as specified in section
				  17-1421-15;
(3) The vulnerable
				  adult has been the recipient of services for the maximum days allowed under
				  section 17-1421-5;
(4) The court
				  orders an individual, agency, or organization other than the department to
				  continue payment for protective service resources;
(5) The department lacks available funds to
				  provide payment for protective service resources;
(6) Termination of payment for services is in
				  accordance with the protective services plan;
(7) The vulnerable adult withdraws consent
				  for the continuation of services;
(8) The placement resource no longer meets
				  applicable state licensing requirements; or
(9) The placement resource is no longer able
				  to accommodate the vulnerable adult.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1421 - PROTECTIVE SERVICES FOR VULNERABLE ADULTS › Subchapter 4 - TERMINATION › Section 17-1421-15 - Termination of service

Current through June, 2024
Protective services shall be terminated under one of the
					 following conditions:
(1) When, after
				  reasonable effort is made by the department to provide protective services, the
				  department determines through personal observation, discussion with the
				  vulnerable adult and available family members, friends, other collaterals or
				  legal guardian that the vulnerable adult does not require or no longer needs
				  protection and is able to manage in an alternate living arrangement or at home,
				  with or without supportive services, without danger;
(2) When, after reasonable effort is made by
				  the department to provide protective services, the vulnerable adult continues
				  to resist contact with the department, and there are insufficient grounds to
				  pursue legal guardianship;
(3) The
				  vulnerable adult withdraws consent for the provision of services and there are
				  insufficient grounds to pursue legal guardianship;
(4) The court dismisses the petition for
				  legal guardianship and the vulnerable adult refuses to accept services from the
				  department;
(5) The court
				  terminates its authorization to provide necessary services and the vulnerable
				  adult refuses to accept services from the department;
(6) The vulnerable adult leaves the State;
				  or
(7) The vulnerable adult
				  dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-1 - Goals

Current through June, 2024
(a) In general, the requested service shall
				be given to help individuals:
(1) Become or
				stay self-supporting and not dependent upon public assistance;
(2) Become or stay self-sufficient and not
				dependent on others to take care of the individual and the individual's daily
				living needs; and
(3) Prevent
				premature institutional care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-2 - Definitions

Current through June, 2024
As used in this chapter: "Courtesy services" means direct
				  services given by department staff to add to or to take the place of services
				  of another social welfare agency at the agency's request or at an adult's
				  request when there is no other agency available to provide the services.
"Repatriate" means a United States citizen or a dependent of
				  a United States citizen who returns to the United States from a foreign country
				  because the individual is destitute, ill, or due to war, the threat of war,
				  invasion, or similar crisis. The individual must be without available resources
				  for living expenses and be certified to the Department of Health and Human
				  Services by the Department of State to be eligible for the temporary assistance
				  for repatriates program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-3 - Eligibility requirements

Current through June, 2024
(a) In order to be
				eligible for courtesy services, the person needing the assistance or in whose
				behalf the assistance is being asked shall not qualify for the assistance under
				the department's eligibility requirements for the particular activity and shall
				not have access to other resources to provide the assistance.
(b) The repatriate whose eligibility for
				assistance under the temporary assistance for repatriates program is confirmed
				by the income maintenance section of the department shall be eligible for
				courtesy services as specified in section 17-1422-4(b).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-4 - Scope of service

Current through June, 2024
(a) Courtesy
				services shall be limited to the following activities:
(1) Answering out-of-state and other
				inquiries about persons currently or previously known to the department, who
				have consented to the release of the requested information;
(2) Contacting and interviewing individuals
				living in Hawaii at the request of an out-of-state agency, and releasing the
				department's social findings and recommendations to that agency with the
				individual's consent;
(3) Assisting
				the adult who is referred for determination of appropriateness of domiciliary
				care home placement and determination of level of care as defined in chapter
				17-1418 or with pre-placement planning; and
(4) Assessing, preparing, and arranging
				placement out of the home for the adult specified in paragraph (3).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-5 - Authorization for service

Current through June, 2024
(a) Courtesy
				services shall be authorized for persons meeting the requirements of this
				chapter under the following circumstances:
(1) The requesting agency gives enough
				information to the department to identify and locate the person to be
				contacted; and
(2) The department
				is able to initiate the requested service without causing undue delay or denial
				of direct services in other adult and community care programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1422 - COURTESY SERVICES › Section 17-1422-6 - Termination of service

Current through June, 2024
(a) Courtesy
				services shall be terminated when one or more of the following occur:
(1) The information requested is collected
				and shared with the requesting out of state agency or other agency and the
				requesting agency deems no further action is needed;
(2) The requesting agency no longer needs the
				information;
(3) The department
				decides no further social study is needed;
(4) The persons to be contacted cannot be
				found' or refuse to cooperate; or
(5) The requested assessment, preparation,
				arrangement, or placement services have been provided or are no longer
				desired.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Alien" means any person not a citizen or national of the
				  United States but who is allowed, under federal law, to reside in the United
				  States.
"Homeland" means the country outside the United States in
				  which an individual was born.
"Naturalized citizen" means an individual who was not born
				  in the United States but who has legally received the rights and privileges of
				  a citizen.
"Transportation assistance" means the costs and services
				  specified in section
				  17-1423-4 which are provided to
				  the alien or naturalized citizen to help the individual return to the person's
				  homeland.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-3 - Eligibility requirements

Current through June, 2024
(a) To be eligible
				for transportation assistance, the individual shall be:
(1) An alien or naturalized
				citizen;
(2) A resident of the
				State;
(3) Sixty years of age or
				older; and
(4) A recipient of or be
				eligible to receive financial assistance from the department or supplemental
				security income (SSI) on the date of application for the service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-4 - Scope of service

Current through June, 2024
(a) Transportation
				assistance provided by the department shall include:
(1) Contacting a social service organization
				or governmental agency in the individual's homeland or reviewing and
				confirming, as warranted, information provided by the applicant to:
(A) Secure documentation regarding the
				familial, social, medical, and financial resources which will be available to
				the individual in the person's homeland; and
(B) Determine whether the individual will be
				able to return to the homeland;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-5 - Authorization for service

Current through June, 2024
(a) The department
				shall initiate services to the eligible individual within forty-five calendar
				days of the date the application is approved.
(b) Prior to the department's making payment
				for services as specified in section 17-1423-4, the individual shall sign a
				statement of intent to establish permanent residency in the person's
				homeland.
(c) The provision of
				services by the department shall be limited by the availability of funds.
(1) Payment for pictures, necessary
				documents, passports, and visas shall be authorized as the need arises. These
				payments shall be curtailed in favor of payment for airfare for individuals
				whose passports and visas are in order if funds are insufficient to meet both
				airfare and other costs.
(2) The
				date of the request for authorization shall determine the order in which
				airfare is approved. In any year in which funds are not sufficient to meet the
				cost of the earliest request, the first subsequent request for airfare which
				can be met by the available funds shall be approved,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-6 - Repayment of transportation assistance

Current through June, 2024
(a) An individual
				who uses transportation assistance to return to the person's homeland and
				subsequently returns to Hawaii to reestablish residency shall repay the State
				the amount of transportation assistance used with interest.
(b) The interest rate shall be five per cent
				per year on a declining balance from the day the individual reestablishes
				residency to the day the transportation allowance has been repaid in
				full.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-7 - Termination of service

Current through June, 2024
(a) Services under
				this program shall terminate when one of the following conditions is met:
(1) The individual has departed for the
				individual's homeland;
(2) The
				individual requests termination of the service;
(3) Before services are complete, the
				individual leaves Hawaii with the intent to reside in another state;
(4) The individual dies;
(5) The department receives documentation
				from the individual's homeland which indicates that return will be adverse to
				the individual's health or welfare; or
(6) The department receives documentation
				from the individual's homeland indicating that the individual's request to
				return has been denied.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1423 - TRANSPORTATION ASSISTANCE FOR RESIDENT ALIENS AND NATURALIZED CITIZENS › Section 17-1423-8 - Penalty

Current through June, 2024
Any individual who receives or uses services available under
				  this program with the intent to use the services for purposes other than those
				  specified in section
				  17-1423-1 may be found guilty of a
				  misdemeanor and required to return the full amount of assistance
				  provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-1 - Department's responsibility

Current through June, 2024
(a) The department
				shall recruit and license adult day care centers for disabled adults.
(b) This chapter establishes the standards
				which shall be applied by the department in granting a certificate of approval
				to operate an adult day care center for disabled adults.
(c) The standards shall not apply to any
				center or facility conducted solely for the purpose of education, social or
				recreational activities, or that is licensed by the state department of health
				as an adult day health facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Adult day care center" or "center" means a licensed
				  facility maintained and operated by an individual, organization, or agency for
				  the purpose of providing regular supportive care to four or more disabled adult
				  participants, with or without charging a fee.
"Applicant" means an individual, organization, or agency
				  that has submitted an application to the department for a certificate of
				  approval to operate an adult day care center.
"Certificate of approval" means a license issued by the
				  department authorizing the operation of an adult day care center.
"Director," "administrator," or "operator of the center"
				  means the person responsible to develop and to administer the adult day care
				  center program.
"Disabled adult" means the adult living alone, or living
				  with a spouse, relative, or friend who is unable to function independently and
				  is in need of regular protective and supportive care.
"Licensee" means the person or organization which holds the
				  certificate of approval to operate an adult day care center.
"Participant" means a disabled adult who is enrolled at an
				  adult day care center.
"Regular care" means care of disabled adult participants
				  which occurs at fixed or uniform intervals, thus excluding temporary,
				  occasional, or casual care.
"Staff member" means any employee of the adult day care
				  center who participates regularly in the care of the disabled adult
				  participants.
"Standard" means the requirements established in this
				  chapter that must be fulfilled for the issuance of a certificate of approval by
				  the department authorizing the operation of an adult day care center.
"Supportive care" means provision of a supportive
				  environment, personal care, supervision, and opportunities for social and
				  psychological stimulation to help prevent social and psychological
				  deterioration.
"Volunteer worker" means a person who gives time and
				  services regularly without compensation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-3 - Application for certificate of approval

Current through June, 2024
(a) Any individual,
				organization, or agency desiring to operate an adult day care center shall
				submit an application to the department for a certificate of
				approval.
(b) The application shall
				be considered complete when it includes:
(1)
				A signed departmental application form;
(2) A written statement of services and
				operating policies of the applicant's proposed center;
(3) Information relating to the applicant's
				proposed center's organization and administration;
(4) Information on the number of staff
				members and the staff member's duties, educational background, and work
				experiences;
(5) Floor plans of the
				applicant's proposed center and its location on the property; and
(6) Reports of compliance with applicable
				county building and zoning codes, fire codes, and state sanitation
				requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-4 - Inspection of center

Current through June, 2024
(a) The department
				shall arrange for the inspection of a center or proposed center by the
				respective county's building department, county fire department, and, as
				appropriate, the state department of health to determine whether the center or
				proposed center meets the standards.
(b) Reports of the building, fire, and
				sanitation inspections shall be kept on file by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-4.1 - Disposition of application

Current through June, 2024
(a) The department
				shall dispose of an application for a certificate of approval no later then
				sixty days from the date of application.
(b) The department shall dispose of an
				application by taking one of the following actions:
(1) An applicant shall be determined eligible
				for a certificate of approval when it is clearly established and recorded that
				the applicant meets all the standards for the issuance of a certificate of
				approval to operate an adult day care center; or
(2) An applicant shall be determined
				ineligible for a certificate of approval when it is clearly established and
				recorded that the applicant does not meet the standards for the operation of an
				adult day care center.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-5 - Temporary certificate of approval

Current through June, 2024
(a) A center with
				minor deficiencies may be issued a temporary certificate of approval for a
				period up to three months if the center is temporarily unable to conform to all
				the standards. "Minor deficiencies" mean deficiencies which do not involve risk
				to life, health, or safety of the center participants. The center shall notify
				the department in writing of its plans, including time needed, to correct the
				deficiencies to conform to the standards.
(1)
				When necessary action has been initiated to conform to the standards and
				additional time is required to correct the minor deficiencies, the center shall
				be granted an extension of three months.
(2) A final three-month extension shall be
				granted when circumstances beyond the control of the center result in the
				center's inability to correct the deficiencies. Circumstances beyond the
				control of the center may include situations such as a strike which may affect
				the workers' ability to correct the deficiencies or to obtain equipment needed
				to repair or replace the deficiencies.
(3) At the expiration of the extension period
				under paragraph (1) or (2), the temporary certificate of approval shall be
				revoked and the center operation shall be terminated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-6 - Issuance of certificate of approval

Current through June, 2024
(a) A license to
				operate the adult day care center shall be issued by the department in the form
				of a certificate of approval when the department's evaluation of the complete
				application indicates that the center is in compliance with the standards in
				this chapter.
(b) The department
				shall issue a certificate of approval that shall be valid for not more than
				twenty-four months.
(c) The
				certificate of approval shall specify the name of the center, its address, the
				maximum number of adults for whom the center is licensed to provide care, and
				the period during which the center is licensed.
(d) The center shall post the certificate of
				approval in a prominent location at all times.
(e) The certificate of approval shall be
				nontransferable when the individual, organization, or agency to whom it is
				issued ceases to operate the center.
(f) The certificate of approval shall be
				subject to review when any change occurs in a center's:
(1) Physical facilities or location;
				or
(2) Operating
				policies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1424 - LICENSING OF ADULT DAY CARE CENTERS › Section 17-1424-8 - Renewal of certificate of approval

Current through June, 2024
(a) At least thirty
				days prior to the expiration date of the current certificate of approval, the
				center shall apply for renewal of its certificate of approval by completing the
				application form, and attaching a statement of services and operating policies
				of the center and information on staff members and their duties.
(b) A reevaluation of the center shall be
				conducted by the department to determine whether the center continues to comply
				with the standards.
(c) When the
				department's evaluation report indicates compliance with the standards, a
				certificate of approval shall be issued as provided in section
				17-1424-6.