reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 3 - RECIPIENTS OF FINANCIAL OR REGULAR MEDICAL ASSISTANCE › Section 17-1744-5 - Coverage of medicare premiums for financial or regular medical assistance recipients

Current through June, 2024
(a) Financial and
				  medical assistance recipients, other than QMBs and QDWIs, are only entitled to
				  coverage of premiums for medicare part B (SMI).
(b) Financial and medical assistance
				  recipients, other than QMBs and QDWIs, are not eligible for coverage of
				  premiums for medicare part A (HIB).
(c) The effective dates of medicare part B
				  coverage, through the buy-in process, are described in section
				  17-1744-4.
(d) A recipient shall
				  not withdraw from SMI coverage while the recipient is enrolled under the
				  department's buy-in arrangement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 4 - COVERAGE OF MEDICARE PREMIUMS FOR QUALIFIED MEDICARE BENEFICIARIES (QMBs) › Section 17-1744-7 - Coverage of medicare premiums for QMBs

Current through June, 2024
(a) Qualified
				  medicare beneficiaries shall be entitled to coverage of premiums for medicare
				  part B (SMI) and for medicare part A (HIB), provided premiums for part A (HIB)
				  are required of the QMBs.
(b)
				  Premiums for medicare part A (HIB) shall not be covered for QMBs, who have
				  insured status in the Social Security system and are thus provided part A (HIB)
				  coverage at no cost.
(c) Premiums
				  for medicare part A (HIB) and part B (SMI) for QMBs shall be paid through the
				  respective buy-in programs for part A and part B.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 4 - COVERAGE OF MEDICARE PREMIUMS FOR QUALIFIED MEDICARE BENEFICIARIES (QMBs) › Section 17-1744-8 - Effective date of coverage of medicare premiums for QMBs

Current through June, 2024
Coverage of medicare part A (HIB) and part B (SMI)
					 premiums for QMBs shall begin effective the month after the month in which
					 determination of QMB eligibility is made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 5 - COVERAGE OF MEDICARE PREMIUMS FOR QUALIFIED DISABLED AND WORKING INDIVIDUALS (QDWIs) › Section 17-1744-10 - Coverage of medicare premiums for QDWIs

Current through June, 2024
(a) The medical
				  assistance coverage for qualified disabled and working individuals (QDWIs), who
				  are identified and referred to the State by the Social Security Administration,
				  shall only be limited to coverage of medicare part A (HIB) premiums.
(b) QDWIs shall not be entitled to coverage
				  of medicare part B (SMI) premiums.
(c) Premiums for medicare part A (HIB) for
				  QDWIs shall not be made through the part A buy-in program. A special group
				  premium payor arrangement shall be established for the purpose of paying
				  medicare Part A (HIB) premiums for QDWIs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 5 - COVERAGE OF MEDICARE PREMIUMS FOR QUALIFIED DISABLED AND WORKING INDIVIDUALS (QDWIs) › Section 17-1744-11 - Effective date of coverage of medicare part A (HIB) premiums for QDWIs

Current through June, 2024
The effective date of coverage of medicare part A premiums
					 for QDWIs shall be the effective date of enrollment in medicare part A as
					 allowed under
					 42 U.S.C.
					 §1395 i - 2(a) and determined by the
					 Social Security Administration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 6 - COVERAGE OF MEDICARE PREMIUMS FOR SPECIFIED LOW INCOME MEDICARE BENEFICIARIES (SLMBs) › Section 17-1744-13 - Coverage of medicare premiums for SLMBs

Current through June, 2024
(a) Specified low
				  income medicare beneficiaries shall be entitled to coverage of premiums for
				  medicare part B (SMI) only.
(b)
				  Premiums for medicare part B (SMI) for SLMBs shall be paid through the buy-in
				  program for part B.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 6 - COVERAGE OF MEDICARE PREMIUMS FOR SPECIFIED LOW INCOME MEDICARE BENEFICIARIES (SLMBs) › Section 17-1744-14 - Effective date of coverage of medicare part B (SMI) premiums for SLMBs

Current through June, 2024
Coverage of medicare part B (SMI) premiums for SLMBs shall
					 begin in the first month of SLMB eligibility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 6 - COVERAGE OF MEDICARE PREMIUMS FOR SPECIFIED LOW INCOME MEDICARE BENEFICIARIES (SLMBs) › Section 17-1744-15 to 17-1744-20 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 7 - PREMIUM PAYMENT AND DISCONTINUANCE › Section 17-1744-21 - Premium payments

Current through June, 2024
(a) The department
				  shall pay the full amount of monthly medicare premiums for which an individual,
				  under the medical assistance program, is eligible.
(b) Buy-in coverage and other coverage of
				  medicare premiums shall be noted in each enrollee's case record.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1744 - COVERAGE OF MEDICARE PREMIUMS › Subchapter 7 - PREMIUM PAYMENT AND DISCONTINUANCE › Section 17-1744-22 - Suspended and discontinued payments

Current through June, 2024
A recipient is ineligible for continued buy-in coverage
					 effective the month financial or medical payment is suspended or discontinued
					 except when medical assistance coverage is suspended because of the recipient's
					 admission to a hospital, skilled nursing, or intermediate care facility which
					 is not a medical institution for mental disease or
					 tuberculosis.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 1 - ELIGIBILITY AND PROCEDURAL PROVISIONS › Section 17-1745-1 - Purpose

Current through June, 2024
The purpose of this chapter shall be to establish rules to
					 determine eligibility for the State funded death payments program for medical
					 and financial assistance recipients ineligible for the Social Security
					 Administration's one-time lump-sum death benefit and for unclaimed bodies, and
					 to set forth the conditions of payments through the death payments
					 program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 1 - ELIGIBILITY AND PROCEDURAL PROVISIONS › Section 17-1745-3 - Eligibility for the death payments program

Current through June, 2024
Eligibility for the death payments program shall be
					 limited to:
(1) Medical or financial
				  assistance recipients who were residents of the State at the time of death;
				  or
(2) Unclaimed bodies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 1 - ELIGIBILITY AND PROCEDURAL PROVISIONS › Section 17-1745-4 - Application for the death payments program

Current through June, 2024
(a) The death
				  payments program application shall include an application form designated by
				  the department and the death confirmation document specified in section
				  17-1745-5(a)(2). Both documents may be submitted by any person on behalf of a
				  deceased medical or financial assistance recipient or for an unclaimed
				  body.
(b) The death payments
				  program application shall be:
(1) Denied if
				  not submitted within sixty days from the date of death. This subsection shall
				  not apply to the applications submitted by the respective county medical
				  examiner or coroner on behalf of unclaimed bodies.
(2) Processed and eligibility determined
				  within forty-eight hours or two working days, whichever is greater, following
				  the receipt of the application and the death confirmation document.
(3) Processed and eligibility determined
				  immediately if immediate cremation has been ordered by the medical examiner or
				  coroner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 1 - ELIGIBILITY AND PROCEDURAL PROVISIONS › Section 17-1745-5 - Determination of eligibility

Current through June, 2024
(a) Deceased
				  medical or financial assistance recipients shall be eligible for the death
				  payments program if:
(1) The deceased, at the
				  time of death, is ineligible for the Social Security Administration's one-time
				  lump-sum death benefit; and
(2) A
				  certified death certificate or death confirmation, from agencies with authority
				  to confirm the death, acceptable to the department is received within sixty
				  calendar days from the date of death.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 2 - SCOPE AND CONTENT › Section 17-1745-12 - Services covered by the death payments program for unclaimed bodies

Current through June, 2024
Payments provided by the death payments program shall be
					 available only within the State. Payment for services shall include:
(1) Mortuary services which shall include:
(A) Removal or transfer of the body to a
				  mortuary;
(B) Death certificate and
				  other necessary papers; and
(C)
				  Professional services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 2 - SCOPE AND CONTENT › Section 17-1745-14 - Payments for unclaimed bodies

Current through June, 2024
The eligibility worker shall authorize payments to the
					 mortuary, or crematorium, or both, for unclaimed bodies. Authorization for
					 payments does not constitute authorization for cremation or burial.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 3 - REIMBURSEMENTS › Section 17-1745-20 - Amount and method of payment

Current through June, 2024
(a) A lump-sum
				  death benefit in an amount equal to the Social Security Administration's
				  one-time lump-sum death benefit for the year in which the medical and financial
				  assistance recipient died, shall be made to the person who submitted the death
				  payments program application.
(b)
				  Payments to the mortuary, or crematorium, or both, for unclaimed bodies shall
				  be:
(1) By vendor payment to any licensed
				  provider of mortuary or crematory services;
(2) Made to the extent of the cost, or in the
				  sum of $800 in total, whichever is less, for each unclaimed body; and
(2) Made by the department with an itemized
				  bill showing the specific services rendered by the provider.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1745 - FUNERAL PAYMENTS PROGRAM › Subchapter 3 - REIMBURSEMENTS › Section 17-1745-21 - Reimbursement procedures

Current through June, 2024
(a) The department
				  shall file a small estate claim for the death payments program expenses paid by
				  the department if:
(1) The estate of the
				  deceased exceeds $50; and
(2) There
				  is no surviving spouse, child, father, mother, grandfather, grandmother,
				  grandchild, stepfather, stepmother, or any designated heir.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-1746-1 - Purpose

Current through June, 2024
The purpose of this chapter is to describe the PACE Hawaii
					 Program, eligibility requirements, and services provided under the PACE Hawaii
					 Program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-1746-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Capitation payment" means the negotiated prepaid fixed
					 dollar amount the department pays each month on behalf of each PACE enrollee to
					 PACE whether or not the PACE enrollee receives services during the month
					 covered by the payment.
"Medicaid reimbursement" means the payment made to
					 Medicaid providers for Medicaid services rendered to eligible
					 recipients.
"PACE" means the PACE Hawaii Program which is a
					 demonstration project to provide an array of health related services within a
					 capitation payment.
"PACE enrollee" means an individual who voluntarily elects
					 to receive services through the PACE provider.
"PACE provider" means the Maluhia Long Term Care Health
					 Center under the state department of health.
"Subcontractor" means an organization or individual who
					 has entered into a contract with PACE to provide medical or health related
					 services for PACE participants.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 2 - PACE PROVIDER REQUIREMENTS › Section 17-1746-4 - PACE provider requirements

Current through June, 2024
The PACE provider shall be part of the national On Lok
					 Replication Project as authorized by the Secretary of the Department of Health
					 and Human Services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 2 - PACE PROVIDER REQUIREMENTS › Section 17-1746-5 - Subcontracts

Current through June, 2024
(a) A PACE provider that provides all or part
				  of the required PACE services indirectly through a subcontractor shall enter
				  into a written subcontract with the individual or organization. The written
				  subcontract shall stipulate, at the minimum:
(1) Name and address of the
				  subcontractor;
(2) Service to be
				  provided by the subcontractor;
(3)
				  Conditions for payment;
(4)
				  Statement of functions and responsibilities of the PACE provider and the
				  subcontractor; and
(5) Other items
				  agreed to by the PACE provider and the subcontractor.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-10 - PACE provider responsibilities

Current through June, 2024
The PACE provider shall:
(1) Inform the recipient of the recipient's
				  right to voluntarily enroll and disenroll from PACE;
(2) Indicate whether enrollment is continuous
				  or time limited;
(3) Explain the
				  PACE enrollee's obligation to receive services through the PACE
				  provider;
(4) Describe the
				  geographical service area of the PACE provider;
(5) Provide a list of the scope of covered
				  services and how these services may be obtained;
(6) Explain under what conditions emergency
				  services may be obtained.
(7)
				  Explain the PACE enrollee's grievance process;
(8) Explain the reasons for termination from
				  PACE; and
(9) Limit enrollment into
				  the PACE provider to no more than the total number of recipients and total
				  dollar amount during a state fiscal year as specified in the contract between
				  he department and the PACE provider.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-11 - Eligibility requirements

Current through June, 2024
PACE services shall be provided to individuals who
					 voluntarily elect PACE services in lieu of Medicaid services and who meet all
					 of the following conditions:
(1)
				  Reside within the specified geographical service area of the PACE
				  provider;
(2) Is fifty-five years
				  of age or older at the time of application;
(3) Is not enrolled in the Hawaii QUEST
				  program;
(4) Is certified by the
				  department's medical consultant as requiring acuity level A or acuity level
				  C;
(5) Is eligible for
				  federally-funded medical assistance as determined by the department;
				  and
(6) Voluntarily elects to
				  participate in PACE and signs the appropriate statement requesting PACE
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-12 - Effective date of enrollment

Current through June, 2024
An eligible individual shall be enrolled into PACE
					 effective the month in which the application to the PACE provider is
					 received.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-13 - Effective date of disenrollment

Current through June, 2024
Disenrollment from PACE shall be effective midnight of the
					 last day of the month in which the individual is terminated by the PACE
					 provider due to ineligibility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-14 - Waiver of other Medicaid benefits

Current through June, 2024
(a) An individual
				  who elects PACE shall waive all rights to Medicaid payments for services that
				  are equivalent to PACE services.
(b) Medicaid payments may be made for other
				  Medicaid covered services unrelated to services available under PACE.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-15 - Covered services

Current through June, 2024
(a) Services
				  available to PACE enrollees shall be negotiated by the department and the PACE
				  provider. The cost of providing PACE services and the administrative costs for
				  the PACE provider shall be included in the capitation payment.
(b) The covered services may be provided by
				  the PACE provider either directly or indirectly through subcontractual
				  arrangements in accordance with the provisions set forth in this
				  chapter.
(c) At the minimum, PACE
				  services shall include:
(1) Multidisciplinary
				  team to assess, develop, implement and evaluate the treatment plan of each
				  participant enrolled in PACE;
(2)
				  Adult day health services of which the core services include health related
				  services, nursing services, maintenance therapies, social work services,
				  recreational therapy, and dietary services;
(3) Primary medical care including
				  consultation, routine care, preventive health care, and physical
				  examinations;
(4) Occupational
				  therapy or physical therapy or both when prescribed by the multidisciplinary
				  team;
(5) Audiology services when
				  referred by the multidisciplinary team;
(6) Optometry services when referred by the
				  multidisciplinary team;
(7) Dental
				  care as determined by the PACE provider dentist and approved by the
				  multidisciplinary team;
(8)
				  Podiatry services;
(9) Speech
				  therapy;
(10) Home care
				  services;
(11) Prescription drug
				  services;
(12) Durable medical
				  equipment;
(13) Non-emergency
				  medical and non-medical transportation; and
(14) Acuity level A and acuity level C
				  nursing facility care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-16 - Excluded services

Current through June, 2024
The following services shall not be paid for under the
					 capitated rate:
(1) Inpatient hospital
				  care provided under Medicaid;
(2)
				  Ambulance or emergency transportation or both as provided under
				  Medicaid;
(3) Laboratory and
				  X-rays, including tests ordered as part of the routine care, physical
				  examinations or preventive care, physical examinations or preventive care
				  provided by the PACE provider;
(4)
				  Medical specialists;
(5) Home
				  health services provided under Medicaid;
(6) Any services which have not been
				  authorized by the multidisciplinary team, even if the service is listed as a
				  covered benefit;
(7) Services
				  rendered in a non-emergency setting or for a non-emergency reason without the
				  PACE provider authorization;
(8)
				  Prescription drugs not prescribed by the PACE provider;
(9) Cosmetic surgery unless required for
				  improved functioning of a malformed part of the body resulting from an
				  accidental injury or for reconstruction following mastectomy;
(10) Experimental, medical, surgical, or
				  other health procedures not generally available in the Hawaii area;
(11) Gender alteration procedures;
(12) Family planning;
(13) Maternal care and pediatrics;
(14) Service in any hospital for the
				  treatment of tuberculosis or chronic medically uncomplicated drug dependency or
				  alcoholism; and
(15) Any services
				  rendered outside of the United States.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-17 - Grievances

Current through June, 2024
The PACE provider shall establish an internal grievance
					 policy and procedure to hear and adjudicate complaints by PACE
					 enrollees.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-18 - Quality assurance

Current through June, 2024
The PACE provider shall develop and implement an internal
					 quality assurance program to ensure provision of adequate and appropriate
					 medical and related services and to safeguard against inappropriate and under
					 utilization of medical and related services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-19 - Reports and data

Current through June, 2024
(a) The PACE provider shall maintain a system
				  which makes readily available to health professionals of PACE all information
				  pertinent to the care and management of each PACE enrollee.
(b) The PACE provider shall make any of the
				  PACE records available to the department or its representatives, Department of
				  Health and Human Services, and other authorized federal and state
				  agencies.
(c) The PACE provider
				  shall be required to maintain client records for a minimum of three (3) years
				  after date of discharge from PACE.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1746 - PACE HAWAII PROGRAM › Subchapter 3 - PACE PROGRAM SERVICES › Section 17-1746-20 - Confidentiality

Current through June, 2024
(a) The PACE provider shall develop and
				  implement written policies and procedures that govern access to, duplication
				  of, and dissemination of information from the PACE enrollee's record or records
				  with explicit written consent by the PACE enrollee.
(b) Access to such information without the
				  PACE enrollee's consent shall be limited pursuant to section
				  346-14,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-1 - Purpose

Current through June, 2024
(a) These rules are adopted pursuant to
				  chapters
				  91 and
				  92, Hawaii Revised Statutes ("HRS"),
				  and implement chapter 356D, HRS, and address the following objectives:
(1) To govern the practice before the Hawaii
				  public housing authority. State of Hawaii; and
(2) To secure the just and efficient
				  determination of proceedings before the Hawaii public housing authority. State
				  of Hawaii.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-3 - Business hours and location

Current through June, 2024
(a) The principal
				  office of the authority is located at 1002 North School Street, Honolulu,
				  Hawaii 96817. All communication to the authority, including specifically its
				  board and chairperson, shall be transmitted to the authority's
				  office.
(b) The principal office of
				  the authority shall be open Monday through Friday, holidays excepted, from 7:45
				  a.m. to 4:30 p.m. of each week day, unless otherwise provided by statute or
				  executive order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-4 - Applicability of rules

Current through June, 2024
The rules under this chapter shall apply to all practices
					 and procedures of the authority, provided that where these rules are
					 inconsistent with the authority's rules under another chapter, these rules
					 shall be superseded by the specific rule of practice and procedure of the other
					 chapter. The board shall refer to Robert's Rules of Order for guidance on
					 procedural matters not addressed in the authority's rules or in law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-6 - Agenda

Current through June, 2024
(a) The executive director shall prepare the
				  agenda for the meetings of the board, as directed by the chairperson.
(b) The authority shall maintain a list of
				  all names and addresses of persons who have requested, in writing, notification
				  of the board's meetings. Persons may receive notifications by either mail or
				  email. The list shall be updated annually.
(c) Requests from members of the public to be
				  included on the agenda of the board meeting shall be in writing and must be
				  received by the executive director at least twenty calendar days before the
				  scheduled board meeting. The request shall be summarized and shall include the
				  action being requested by the board.
(d) The name of the requesting party shall be
				  placed on the agenda for the next scheduled board meeting except when the
				  chairperson determines that the volume or substance of the items scheduled for
				  the next meeting or the location thereof warrant the placement of the
				  requesting party's name on the agenda of a subsequent board meeting.
(e) Written requests to the board requiring a
				  response shall be accompanied by a stamped, self-addressed envelope.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-9 - Quorum and number of votes necessary for action

Current through June, 2024
Six directors of the board shall constitute a quorum and
					 the affirmative vote of at least six directors shall determine any action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-10 - Submittal and filing of documents

Current through June, 2024
(a) All documents
				  and requests to the authority of every nature shall be in writing addressed to
				  the executive director, the board, or the chairperson, as may be appropriate
				  under the circumstances, and transmitted to the authority within the time
				  limits prescribed by law, rules, or by order of the authority. The date of
				  filing shall be established by the authority's time-date stamp on the
				  document.
(b) All documents filed
				  with the authority shall be either written in dark ink, typewritten, or
				  printed; shall be plainly legible, and shall be on strong, durable paper no
				  larger than 8- 1/2" x 11" in size, unless otherwise specified by the authority,
				  except that maps, charts, tables, drawings, spreadsheets, and other like
				  documents may be larger, folded to the size of the papers to which they are
				  attached.
(1) All documents filed by any
				  person or agency in any proceeding shall state on the first page thereof the
				  name, mailing address and business telephone number, if any, of the individual
				  who may be served with any documents filed in the proceeding;
(2) The original of each document shall be
				  signed in black or blue ink by the party; and
(3) Reproduction may be by any process,
				  provided all copies are clear and permanently legible.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-11 - Extensions of time

Current through June, 2024
Unless otherwise provided in this chapter, whenever a
					 party is required to take action within a period of time prescribed or allowed
					 by applicable order, statute, or rule, the chairperson may:
(a) Approve a written stipulation signed by
				  all parties extending such time period; or
(b) Extend such time period upon written
				  request of the party requesting the extension for good cause shown.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-12 - Amendment of documents

Current through June, 2024
If any document filed with the authority is not in
					 substantial conformity with applicable rules of the authority, the authority
					 may accept and file such documents and may request the filing of an amended
					 document in conformance with the applicable rules. The mere fact of filing
					 shall not waive any failure to comply with these rules, or any other legal
					 requirement. If an amended document is requested by the authority, the amended
					 document shall be effective as of the date the authority receives it.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-13 - Retention of documents

Current through June, 2024
The authority shall retain all documents filed with the
					 authority in its files for a time period provided by law. The executive
					 director may permit the withdrawal of original documents upon submission of
					 properly authenticated copies to replace the original documents.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-14 - Access to authority records

Current through June, 2024
(a) All government
				  records of the authority shall be open for inspection in the principal office
				  of the authority during established business hours, unless access to such
				  records is restricted or closed by law.
(b) A request for access to or copies of
				  government records shall be made in writing to the executive director and shall
				  include a clear and concise description of the records sought. All such
				  requests must be signed by the requesting party or the party's authorized
				  representative.
(c) The authority
				  shall not be required to prepare a compilation or summary of its records in
				  response to a request for records.
(d) Copies of the government records shall be
				  available in accordance with subsection (b), and payment of the reasonable
				  costs of reproduction set forth in section
				  92-21,
				  HRS, and the fee for searching, reviewing, or segregating the records as set
				  forth by the office of information practices pursuant to section 92E-42, HRS.
				  Reasonable costs of reproduction shall include, but are not limited to, actual
				  time for reproduction, material costs, including electricity cost, equipment
				  and equipment rental costs, costs for certification, and labor costs for
				  monitoring the public inspection of the records to prevent theft, loss,
				  defacement, or alteration of the records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-15 - Limitation on access to authority records

Current through June, 2024
Access to authority records is subject to the limitations
					 set forth in section
					 92F-13,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-16 - Authentication of authority's documents

Current through June, 2024
The executive director is authorized to certify as to the
					 authenticity of documents on file in the offices of the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2000-18 - Limitations on testimony before the board

Current through June, 2024
(a) The board may
				  limit the length of each person's oral testimony to three minutes.
(b) The board shall only accept oral
				  testimony related to items on the agenda for the meeting at which the testimony
				  is offered.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-21 - General rule

Current through June, 2024
All persons and parties shall comply with these rules of
					 practice and procedure when appearing before the board. The board may waive,
					 modify, or suspend any of the provisions of this chapter to the extent
					 permitted by law. All persons and parties shall have a reasonable opportunity
					 to present evidence and argument on all the issues involved.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-22 - Appearances before the board

Current through June, 2024
(a) A party to a
				  proceeding before the board may appear in person or through an authorized
				  representative if the party is an individual; through an authorized
				  representative if the party is a partnership, corporation, trust or
				  association; or through an officer or employee if the party is a State agency
				  or political subdivision of the State.
(b) The board may at any time require an
				  authorized representative of a party to demonstrate or prove that he or she has
				  the authority to act in such capacity.
(c) An appearance before the board may be
				  made by video conference, telephone or other electronic means, with the
				  approval of the chairperson.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-23 - Disqualification of member of board or hearings officer

Current through June, 2024
No matter shall be heard by a member of the board or by a
					 hearings officer who:
(a) Has any
				  pecuniary interest in the matter being heard; or
(b) Is related within the third degree by
				  blood or marriage to any party to the proceeding.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-24 - Board proceedings, generally

Current through June, 2024
The following shall apply to proceedings before the board
					 under subchapter
					 3, contested cases, and subchapter
					 4,
					 declaratory relief
(1) Unless
				  otherwise provided in this chapter, all documents, as required by these rules,
				  including memoranda and other documents requested by the board, shall be filed
				  with the authority prior to the date of the proceeding;
(2) The board, at the written request of a
				  party to the proceeding, shall have the power to issue subpoenas as provided
				  under law, requiring the attendance of witnesses or the production of documents
				  at the hearing. The party requesting the issuance of a subpoena shall identify
				  with particularity the person or documents to be subpoenaed. Witnesses so
				  summoned shall be paid the same fees as are paid witnesses in the courts in the
				  State of Hawaii and such fees, including mileage, shall be paid by the party
				  who requests the issuance of the subpoena. The board may require deposit of
				  such fees by the requesting party before the issuance of the subpoena. The
				  board may deny or modify the issuance of the subpoena, if it is unreasonable or
				  oppressive or fails to comply with the requirements under law;
(3) Witnesses shall be placed under oath
				  prior to testifying;
(4) The
				  proceeding shall be recorded, but it shall not be necessary to transcribe the
				  record unless requested by the party. The proceedings shall be tape recorded
				  unless a party requests the services of a court reporter to record the
				  proceeding verbatim. In the event a court reporter is requested, the secretary
				  to the board shall be given notice thereof at least seven calendar days prior
				  to the commencement of the proceeding. The cost of the transcriptions of the
				  proceedings shall be borne by the requesting party;
(5) A party may submit written requests to
				  the board regarding a matter pending before the board prior to the commencement
				  of the proceeding. The chairperson may, but shall not be required to, issue a
				  ruling on the request prior to the commencement of the proceeding;
(6) Rules of evidence as stated in section
				  91-10,
				  HRS, shall apply;
(7) An offer of
				  proof for the record shall consist of a statement of the substance of the
				  evidence to which objection has been sustained;
(8) Documents offered in evidence shall be
				  accepted upon ruling of the chairperson;
(9) Proposed findings of fact, conclusions of
				  law, decisions and orders shall not be accepted unless submitted no later than
				  seven business days after the day the proceedings were concluded, or such other
				  time as may be established by the board or hearings officer; and
(10) Appeal of a decision may be made to the
				  circuit court as provided by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-25 - Board's decision

Current through June, 2024
With respect to proceedings before the board under
					 subchapter
					 3, contested cases, subchapter
					 4,
					 declaratory relief, and for reconsideration, all final orders, rulings,
					 decisions or actions entered by the board shall be filed with the
					 authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-26 - Request for reconsideration of board's decision

Current through June, 2024
(a) Any
				  request for reconsideration of an order, ruling, decision, or action of the
				  board shall be made in writing and shall be filed with the authority within ten
				  days of the order, ruling, decision, or action. The request shall state the
				  grounds for the request for reconsideration and may be summarily denied if it
				  appears from the request that there is no new, relevant evidence on the matter
				  to present to the board.
(b) Upon
				  receipt of the request, the chairperson shall:
(1) Assign the request for reconsideration
				  for further proceedings either before the board or before a hearings officer;
				  or
(2) Deny the request on the
				  ground that no new, relevant evidence exists to support the request for
				  reconsideration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-27 - Limitation of time; appeal to circuit court

Current through June, 2024
Appeal of the authority's final order, ruling, decision,
					 or action may be made to the circuit court as provided by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-28 - Failure to appear

Current through June, 2024
If any party fails to appear at the scheduled proceeding
					 without good cause, the board may proceed in the absence of the party and may
					 issue any decision or order it deems just and equitable under the
					 circumstances, including dismissal of the party's claim for relief and
					 reimbursement of costs, if such has been incurred.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDING BEFORE THE BOARD › Section 17-2000-29 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the authority, the recommended decision
				  shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-41 - Contested cases; applicability

Current through June, 2024
The right to a contested case hearing shall exist where
					 provided for by administrative rule of the authority or where required by law.
					 The right to hearing shall only be afforded to the person affected by the
					 action or decision of the authority, unless otherwise provided by rules of the
					 authority or by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-42 - Commencement of case

Current through June, 2024
A contested case shall commence by the filing of a petition
					 for a permitted relief with the board. Unless otherwise provided by rule of the
					 authority or by law, the petition shall be filed within thirty days of the
					 action or decision of the authority for which contested case hearing is sought.
					 Upon the filing of a petition, the authority shall docket the petition and
					 assign a docket number to the petition.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-43 - Contents of petition

Current through June, 2024
(a) The petition
				  shall state the following:
(1) Name, address,
				  telephone number of the petitioner and the petitioner's legal counsel, if any,
				  which shall be updated by the petitioner at all times;
(2) A brief and concise factual statement of
				  the petitioner's claim;
(3) The
				  law or rule involved;
(4) The names
				  of all respondents or identities against whom the petition is brought;
				  and
(5) A brief statement of the
				  relief sought by the petitioner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-44 - Action by board

Current through June, 2024
Upon the filing of the petition, the chairperson shall
					 assign the petition for further proceedings before the board or assign the
					 matter to a hearings officer and afford all parties in the matter an
					 opportunity for hearing after reasonable notice.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-46 - Response

Current through June, 2024
Each respondent may file a written response to the petition
					 with the board or hearings officer if the case has been assigned to one. The
					 response shall state briefly a counterstatement of the facts, circumstances,
					 law, rules, or reasons in defense thereof, and shall specifically admit or deny
					 the allegations of the petition. The response shall be filed at least five
					 working days prior to the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-47 - Notice

Current through June, 2024
The board or hearings officer shall, as soon as possible,
					 provide notice pursuant to section
					 91-9.5,
					 HRS, to all parties of the scheduled hearing in such form and manner as
					 provided by law.