reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Section 17-1627-5 - Savings clause

Current through June, 2024
Existing child-caring institutions licensed by the
				  department shall continue to operate for the term of the institution's
				  certificate of approval and shall be required to qualify under this chapter
				  thereafter, except where prohibited by federal or state
				  statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-6 - Application

Current through June, 2024
(a) Any person, agency, or organization
				  desiring or planning to operate a child-caring institution shall be required to
				  submit a written application to the department for a certificate of
				  approval.
(b) The department shall
				  disqualify applicants who in this State or elsewhere have for cause been denied
				  a license, had a license not renewed, or had a license revoked to operate a
				  child-caring institution, a child-placing organization, a resource family home,
				  a nursing home, boarding home, day care, or adult family home or any other
				  facility for the care of children or adults.
(c) The following information shall also be
				  submitted to complete the application:
(1)
				  Location and building plans (see sections 17-1627-20 and 17-1627-21
				  );
(2) Written statement of the
				  institution's program and of the services to be provided by the institution
				  (see section 17-1627-16 );
(3)
				  Statement of legal authority.
(A) In the case
				  of incorporated organizations, the legal authority shall include:
(i) A copy of the charter and articles of
				  incorporation;
(ii) A copy of the
				  by-laws; and
(iii) A current list
				  of officers, directors, and trustees, showing terms of office.
(B) In the case of individuals,
				  partnerships, or unincorporated organizations, the legal authority shall
				  include the names of the individuals who are. fully responsible for any debts
				  or obligations incurred by the institution;
(4) A copy of the personnel
				  policies;
(5) A list of employees,
				  by name, position, and date of employment;
(6) A copy of the estimated annual budget for
				  the coming year;
(7) A copy of the
				  institution's policies on admission, program, care of children, and discharge;
				  and
(8) Verification that
				  requirements of the department of education are met when a regular school
				  program is conducted in the institution.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-7 - Study

Current through June, 2024
(a) The department shall study the
				  application and other required documents to determine whether the institution
				  meets the requirements of this chapter.
(b) The applicant shall show verification
				  that the institution meets the regulations of the fire department, and the city
				  and county building department.
(c)
				  Requirements of the department of education shall be met when a regular school
				  program is conducted in the institution.
(d) Reports of the study shall be kept on
				  file by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-8 - Issuance of the certificate of approval

Current through June, 2024
(a) When the
				  department determines through the study that the applicant is in satisfactory
				  compliance with the requirements of this chapter, the department shall approve
				  the application and shall issue a certificate of approval.
(b) The certificate of approval shall:
(1) Be valid for one year; or
(2) Be valid for two years when the following
				  criteria are met:
(A) The institution has
				  been in operation for at least one year as a licensed child-caring institution
				  by the State;
(B) The institution
				  fully complied with all licensing requirements;
(C) There were no major changes in the
				  institutional structure or in policies and procedures relating to foster
				  care;
(D) The applicants and
				  employees of applicants have no criminal history, employment history, or
				  background which poses a risk to the health, safety, or well-being of children;
				  and
(E) There were no complaints by
				  the workers, clients, or the public within the past year which were
				  investigated and confirmed and which require closer monitoring by the
				  department;
(3) Specify
				  the name and address of the institution to which the certificate is issued, the
				  number, sex, and age of children for whom the institution is licensed to give
				  care, and any exceptions;
(4) Be
				  non-transferable; and
(5) Be
				  conspicuously posted on the premises of the institution.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-9 - Renewal of certificate of approval

Current through June, 2024
(a) At least ninety
				  calendar days prior to the expiration of the certificate of approval, the
				  institution shall apply for renewal of the certificate of approval by
				  submitting a complete application including the following:
(1) Current list of legal proprietors.
				  Incorporated organizations shall submit a current list of officers, directors,
				  trustees, or advisory board members, showing terms of office;
(2) Current list of all employees, showing
				  duties, classification, salary range, and the educational background, training,
				  and experience of each professional staff;
(3) Report of the number of children served
				  in the past year by age, sex, and period of residence; and list of the current
				  child population by age, sex, and date of placement;
(4) Copy of the latest audited annual
				  financial statement prepared by someone licensed in the State to provide
				  auditing services;
(5) Copy of the
				  estimated annual budget for the coming year or the estimated biennial budget
				  for the next two years if the institution is certified for two years;
(6) Report of major changes in program or
				  facilities made within the past year or two years if the institution is
				  certified for two years;
(7) Copy
				  of any amendment to the articles of incorporation or by-laws of incorporated
				  organizations where the authority, purpose, or function has changed;
				  and
(8) Statement of any proposed
				  changes in the program or facilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-10 - Reporting changes

Current through June, 2024
The child-caring institution shall immediately report to
					 the department, any changes that may impact the institution's certificate of
					 approval or its ability to carry out the requirements of this chapter. These
					 changes include, but are not limited to, changes in program, services,
					 organizational structure, location, personnel, or criminal history or
					 background of the applicant or employees.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-11 - Denial of certificate of approval

Current through June, 2024
(a) A certificate
				  of approval shall not be issued when the study indicates that the institution
				  does not meet the requirements of this chapter.
(b) The department shall send the institution
				  a written statement giving the reasons for denying issuance of a certificate of
				  approval.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-12 - Provisional certificate of approval

Current through June, 2024
(a) The department
				  may issue a provisional certificate of approval for ninety calendar days when
				  an agency:
(1) Is unable to comply with all
				  the requirements for licensure because of circumstances beyond its control and
				  the areas of non-compliance:
(A) Do not pose
				  a risk to the health, safety, or well being of children; and
(B) Are expected to be corrected within
				  ninety calendar days from the date the department notified the agency;
				  or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-13 - Revocation and suspension

Current through June, 2024
(a) The department
				  may revoke the certificate of approval when the institution fails to comply
				  with the requirements of this chapter during the period covered by the
				  certificate.
(1) The department shall notify
				  the institution in writing, stating the specific reasons for the revocation and
				  the rules supporting the action.
(2) This written notice shall be mailed at
				  least ten calendar days prior to the revocation date.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1627-14 - Hearing

Current through June, 2024
(a) Any institution whose certificate of
				  approval is denied, suspended, revoked, or not renewed by the department may
				  request a hearing, in writing, as specified in chapter 17-602.
(b) The written request shall be received by
				  the department within ninety calendar days of the date the department mailed
				  the letter of denial, suspension, revocation, or non-renewal to the
				  institution.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1627-16 - Purpose and services

Current through June, 2024
(a) The purpose or
				  function of an institution shall be clearly defined in a written statement of
				  services giving the number, sex, ages, and eligibility criteria of children to
				  be accepted for care, the services to be provided, and the geographic area to
				  be served.
(b) Proposed major
				  changes in the organization, function, or program of the institution shall be
				  provided in writing and discussed with and approved by the department at least
				  sixty calendar days before the change is implemented.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1627-17 - Governing authority

Current through June, 2024
Each institution shall have a person or persons in whom
					 the legal governing authority and accountability for the performance of the
					 institution is vested as follows:
(1)
				  For individuals, partnerships, and unincorporated institutions, the legal
				  governing authority shall be the persons registered as the legal proprietors;
				  and
(2) For incorporated
				  organizations, the legal governing authority shall be the current officers and
				  board of directors or trustees as designated through the institution's charter,
				  articles of incorporation, constitution, or by-laws. When these documents
				  provide for an advisory board, the institution shall have an advisory
				  board.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1627-18 - Financing

Current through June, 2024
(a) Each institution shall show evidence of
				  having adequate resources to finance the operating costs of administration,
				  maintenance, and personnel, and to conduct a program that protects and promotes
				  the safety, health, and well-being of children in accordance with the
				  provisions of this chapter.
(b)
				  Accounts shall be kept by the institution in a form conducive to sound and
				  efficient fiscal management and audit.
(c) Accounts shall be audited once a year by
				  a person or organization licensed by the State to provide, auditing
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1627-19 - Personnel

Current through June, 2024
(a) Each institution shall have written
				  personnel policies covering job classification, hiring practices, salaries and
				  fringe benefits, leaves, staff training and development, and other employment
				  practices.
(b) All personnel shall
				  have the following:
(1) Ability in relating
				  to, understanding, and working with children;
(2) Demonstrated ability to provide a
				  positive role model for children;
(3) Emotional stability and good physical
				  health; and
(4) Education and
				  experience appropriate for the position with thorough employment and background
				  checks to verify the person's qualifications.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1627-21 - Building

Current through June, 2024
The institution shall:
(1) Submit in advance, to the department,
				  plans for creating a new building, moving into an existing building, or making
				  alterations;
(2) Comply with all
				  local regulations governing building and other related ordinances;
(3) Comply with the requirements of the city
				  and county fire department;
(4)
				  Provide proper facilities for isolation of children who are suspected of having
				  communicable diseases, which are not yet controlled or diagnosed. The
				  facilities shall include a bathroom to be used only by the children in the
				  isolation unit;
(5) Provide
				  adequate space for study. Suitable chairs and desks located in a well-lighted
				  area shall be available for each child. When there is insufficient natural
				  light, adequate artificial light shall be provided;
(6) Provide office space for administrative
				  workers, caseworkers, and other staff members as appropriate;
(7) Provide a dining room, which is clean,
				  adequately furnished, and large enough to comfortably accommodate both children
				  and staff;
(8) Provide adequate
				  kitchen facilities for the proper preparation, storage, serving and clean up of
				  meals;
(9) Provide adequate
				  facilities for laundering. Facilities shall include a separate room, proper
				  light, ventilation, and drainage. Hot and cold running water shall be
				  available;
(10) Provide bedrooms
				  that are safe, well lighted, and well-ventilated and that have adequate space
				  for each child;
(11) Provide
				  bathrooms that have sanitary flush toilets, washbasins, and bathing facilities
				  with running hot and cold water;
(12) Provide a room for the children to
				  gather during leisure time and an area where children may visit with parents
				  and others and have some degree of privacy;
(13) Provide outdoor play equipment suitable
				  to the ages of the children. Toys and play equipment shall be safe, clean, kept
				  in good condition, and placed in safe storage when not in use; and
(14) Provide each child with a storage
				  facility for clothing and personal belongings.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-26 - General

Current through June, 2024
(a) Each institution shall provide and
				  arrange for services and facilities as noted in the institution's statement of
				  services.
(b) The entire program of
				  the institution shall be arranged and conducted in a manner that meets the
				  needs of each child in placement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-27 - Application procedures

Current through June, 2024
(a) The institution
				  shall state in writing its admission policy and shall receive applications
				  within the limits of this policy.
(b) Children under three years of age shall
				  be excluded from institutional care.
(c) The institution shall state in writing
				  that the agency will not discriminate on the basis of race or
				  religion.
(d) Any established
				  religious practices within the institution shall be discussed at the time of
				  application, and the legal custodian shall express agreement or disagreement
				  with the institution's general plan and exceptions. If the legal custodians do
				  not agree, the child shall" not be required to participate in the religious
				  practices of the institution.
(e)
				  There shall be a written agreement between the institution and the legal
				  custodian denoting consent by the legal custodian to the placement.
(f) There shall be a written agreement
				  between the institution and legal custodian regarding the medical care to be
				  given to each child, the method of payment, and consent for medical and
				  hospital care.
(g) There shall be a
				  statement in writing in each child's application as to how the cost of the
				  child's care shall be met, the date payment is due, and items covered by the
				  payment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-28 - Admission

Current through June, 2024
(a) Admission of children to the institution,
				  except for emergency situations, shall be based on:
(1) A complete study of the child and
				  family's situation;
(2) Fulfillment
				  of the requirements of the admission policy;
(3) An agreement between the child's legal
				  custodian and the institution that the institution may best serve the child;
				  and
(4) Fulfillment of the
				  following requirements:
(A) A physical
				  examination, in accordance with departmental procedures, that includes testing
				  for human immunodeficiency virus (HIV)infection, acquired immune def iciency
				  syndrome (AIDS), AIDS related complex (ARC), and hepatitis B (with the informed
				  consent of the legal custodian or other authorized entity) when the physician
				  determines that such testing is medically indicated. Information on the HIV
				  status of a child shall be released in accordance with the provisions of
				  chapter 17-1601;
(B) A report from
				  the physician that indicates the absence of any communicable condition and the
				  presence of any extraordinary health needs; and
(C) Immunizations and tuberculin (TB) testing
				  in accordance with the department of health recommendations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-29 - Health

Current through June, 2024
(a) All children shall receive health
				  supervision and medical care, including:
(1)
				  Timely and appropriate care when ill;
(2) Renewals of immunizations and
				  vaccinations;
(3) Tuberculin
				  clearances in accordance with the recommendations of the department of
				  health;
(4) Annual physical
				  examinations with necessary follow up on recommendations;
(5) Monitoring of any chronic medical
				  conditions requiring attention; and
(6) Dental examinations and appropriate
				  dental care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-30 - Clothing and personal supplies

Current through June, 2024
(a) Clothing shall
				  be clean, well fitting, appropriate to age, sex, individual needs, and
				  comparable to community standard's.
(b) Children of school age shall participate
				  in the selection and purchase of their own clothing whenever possible and
				  appropriate.
(c) Each child shall
				  be provided with individual towels, combs, toothbrushes, and other personal
				  essentials.
(d) The child's
				  clothing and personal belongings shall be labeled and shall go with the child
				  when the child leaves the institution.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-31 - Education

Current through June, 2024
(a) Unless other plans are indicated and
				  mutually agreed upon before admission, children shall attend school in
				  accordance with the State's compulsory school attendance laws and shall be
				  provided reasonable educational accommodations depending on the needs of the
				  children.
(b) Institutional staff
				  shall plan with school personnel when there are any problems with the child in
				  school, and shall report to the family or agency placing the child, any serious
				  situations which may require the involvement of the legal custodians or
				  agency.
(c) The institution shall
				  ensure that children are provided with necessary school supplies, school
				  lunches, and other incidentals related to school life.
(d) Regular work assignments within the
				  institution shall be directed toward training and educating children. Work
				  assignments shall not be used as punishment or as a means of reducing operating
				  expenses.
(e) Assignments shall be
				  rotated and children shall share tasks in keeping with individual growth and
				  development.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-32 - Religion and culture

Current through June, 2024
(a) The institution
				  shall have a written statement regarding religious practices within the
				  institution.
(b) The institution
				  shall be responsible for providing children with opportunities for religious
				  education and experience not in conflict with the expressed wishes of the
				  person having a right to determine the child's religious practices.
(c) The institution shall recognize,
				  encourage, and support the child's religious beliefs, cultural heritage, and
				  language.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-33 - Social life and leisure time

Current through June, 2024
(a) The program
				  shall provide appropriate age and developmental socialization opportunities for
				  the child.
(b) Visits with legal
				  custodians, relatives, or friends shall be encouraged and opportunities shall
				  be provided for the visits when the visits are in the best interest of the
				  child.
(c) Visitations shall not be
				  used as a means of discipline or reward.
(d) The leisure time needs of the child shall
				  be met by a program that:
(1) Is flexible,
				  well-rounded, and is appropriate for the child's stage of
				  development;
(2) Allows the child
				  freedom of choice in selecting leisure time activities;
(3) Allows the child, where possible, to
				  become an active participant in appropriate community groups; and
(4) Recognizes the need for the child to be
				  alone at times.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 3 - SERVICES TO CHILDREN › Section 17-1627-34 - Behavior and discipline

Current through June, 2024
(a) Discipline
				  shall be constructive and positive and shall be carried out with kindness and
				  understanding. No child shall be subjected to physical discipline or any action
				  which would endanger the child's physical or emotional well-being.
(b) The child's age, intelligence, emotional
				  development, past experiences, and ability to understand and accept limits
				  shall be considered in handling the child's behavior and in determining the
				  method of discipline.
(c) The
				  director shall be ultimately responsible in all matters of discipline and shall
				  have full knowledge of all methods used. The director shall also designate
				  staff members having authority and responsibility to administer
				  discipline.
(d) Rewards and
				  discipline shall be fair and consistent, and the staff shall help the child
				  understand the consequences of the child's behavior.
(e) Visitation with legal custodians shall be
				  a right of the child and shall not be withheld as a form of
				  punishment.
(f) The child shall be
				  counseled or disciplined privately, and not before a group.
(g) Deprivation of meals shall not be used as
				  a means of punishing children.
(h)
				  No child shall be subjected to harsh, injurious, or humiliating disciplinary
				  actions. Confirmation of the use of such method of discipline shall be grounds
				  for suspension or revocation of a certificate of approval in accordance with
				  section 17-1627-13.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 4 - ADMINISTRATION OF THE INSTITUTION › Section 17-1627-39 - Records

Current through June, 2024
(a) Each institution shall keep a current
				  register of all children admitted. This register shall be open for inspection
				  by the department.
(b) Each
				  institution shall maintain accurate and up-to-date health records for each
				  child in the institution. The records shall be open to inspection by the
				  department.
(c) At a minimum, the
				  child's record shall include the application for admission, a social study of
				  the family and child, a statement of the person having legal responsibility for
				  the child, verification of the child's age, consent for placement, medical care
				  and hospitalization, an accurate and up-to-date health record, and a report of
				  the child's progress and adjustment in the institution.
(d) The child's record shall be kept
				  confidential, and shall not be released to agencies, other than to the
				  department for licensing purposes, without consent of the legal
				  custodians.
(e) All records of the
				  institution, including the child's record, shall be released to the department
				  for licensing purposes or for the investigation of a child abuse or neglect
				  allegation or report.
(f) Any
				  information pertaining to a person's human immunodeficiency virus (HIV)
				  infection, acquired immune deficiency syndrome (AIDS), or AIDS related complex
				  (ARC) is subject to stringent confidentiality requirements in accordance with
				  chapter 17-1601.
(g) The
				  institution shall maintain accurate information as to how to contact a child's
				  legal custodian or other responsible person in the event of an emergency. A
				  legal custodian shall be able to contact the institution in
				  emergencies.
(h) The institution
				  shall maintain complete, accurate, and updated personnel files on all
				  employees.
(i) The institution
				  shall keep any additional reports as required by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Subchapter 4 - ADMINISTRATION OF THE INSTITUTION › Section 17-1627-40 - Reports to be submitted to the department

Current through June, 2024
Each institution shall submit the following reports in
					 writing to the department:
(1) Monthly
				  report on the number of children under care according to age, sex, and length
				  of stay;
(2) Any other special
				  reports as required by the department."
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1701 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-1701-1 - Purpose

Current through June, 2024
The purpose of this chapter shall be to define the
				  conditions under which the department shall make its program manuals available
				  to the public, and to establish the costs of copies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1701 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-1701-3 - Availability of program manuals

Current through June, 2024
(a) The program
				manuals shall be made available to interested individuals and organizations for
				review, study, or reproduction on regular work days during regular office
				hours.
(b) Custodians shall make
				the program manuals available for public review.
(c) The program manuals shall also be
				available upon request through any med-QUEST division offices or any family and
				adult services division public welfare offices.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1701 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-1701-4 - Cost of program manuals

Current through June, 2024
(a) The department
				shall deposit, without charge, fifteen copies of the program manual of rules of
				the department with the state publications distribution center and one copy
				each with the state archives and the University of Hawaii.
(b) Upon request, copies of specific sections
				of the program manuals shall be provided without charge to an applicant or a
				recipient, or the individual's legal representative who requires specific
				sections of the program manuals to determine whether an administrative hearing
				should be requested or to prepare for a hearing.
(c) Upon request, copies of the program
				manuals shall be provided without charge to state or county agencies and
				officers, and public agencies and officers outside the State.
(1) State or county agencies or officers, and
				public agencies and officers outside the State entitled to a free copy of the
				department's program manuals shall be placed on the mailing list of the
				department's, policy and program development offices, for the additional
				issuances of the rules and procedures.
(2) State or county agencies or officers, and
				public agencies and officers outside the State placed on the mailing list shall
				be responsible to notify the department's policy and program development
				offices, for any reason, when the issuances are no longer needed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-3 - Maintenance of records

Current through June, 2024
(a) The department
				of human services, med-QUEST division and family and adult services division
				(FASD), shall keep records to document information acquired about applicants
				and recipients in the administration of medical assistance programs.
(b) This information shall:
(1) Substantiate the expenditure of public
				funds;
(2) Be kept in confidential
				records and files of the med-QUEST division and FASD; and
(3) Not be subject to any other law
				permitting inspection of public records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-4 - Confidential information

Current through June, 2024
(a) The following
				information shall be confidential and shall not be used or disclosed except as
				provided in section 17-1702-5:
(1) Names and
				addresses of applicants and recipients, and amounts of medical assistance
				provided. This includes prohibition against release of information to any
				federal, state, or local committee or legislative body;
(2) Information related to the social and
				economic condition or circumstances of a particular individual, whether or not
				an applicant or recipient, including wage information obtained from the state
				department of labor or from the Social Security Administration;
(3) Department's evaluation of recorded or
				unrecorded information about a particular individual, whether or not an
				applicant or recipient;
(4)
				Medical, psychological, or psychiatric data, whether or not an applicant or
				recipient;
(5) Correspondence
				concerning a particular individual, whether or not an applicant or recipient;
				and
(6) The name of the worker or
				unit in which the case is or was active.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-5 - Disclosure of information to administer the public assistance or other federal programs

Current through June, 2024
(a) The use or
				disclosure of any of the information specified in section 17-1702-4(a) shall be
				limited to the persons or purposes stipulated in this section and, unless
				otherwise stated, this excludes inspection of the entire case record.
(b) Disclosure for purposes directly
				connected with the administration of the medical assistance program shall be
				allowed:
(1) To an employee of the DHS and
				the U.S. government in the performance of the employee's official duties, who
				shall have access to the entire case record;
(2) To the extent necessary to provide
				services and to determine eligibility or the amount of medical assistance for
				applicants or beneficiaries;
(3) To
				the following, who shall be subject to the standards of confidentiality that
				are comparable to those of the Medicaid agency:
(A) Fiscal intermediary;
(B) Other individuals contracted by the
				Medicaid agency to provide a service;
(C) Medicaid providers who require
				eligibility, cost share or TPL information for billing or recovery
				purposes;
(D) Participating health
				plans that require eligibility, co-payment, or TPL information for billing or
				recovery purposes;
(E) Private
				social service agencies, including purchase of service (POS) providers, from
				which a beneficiary receives services; and
(F) Agencies administering programs under the
				Social Security Act under such titles as XVI-SSI (
				42 U.S.C.
				§§1381 -
				1383
				), IV-A AFDC ( 42 U.S.C. §§630 - 644 ), or XX-Social Services (
				42 U.S.C.
				§1397 ).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-6 - Disclosure of information to individuals or agencies

Current through June, 2024
(a)
				Disclosure to individuals or agencies other than those specified in section
				17-1702-5 shall be allowed only when a written authorization has been obtained
				from the applicant, the recipient, or the legal guardian of the applicant or
				recipient. The written authorization shall specifically include the
				applicant's, recipient's, or legal guardian's consent to have the information
				released or the record reviewed;
(1) When
				individuals or agencies other than applicants, recipients, or legal guardians
				of applicants or recipients wish to obtain information, or to review a
				department record, the requesting party shall submit an authorization signed
				and dated by the applicant, recipient, or legal guardian of the applicant or
				recipient specifying:
(A) The name of the
				individual or agency authorized to receive the information or to review the
				record, and the individual's agency connection, if any;
(B) The specific information the department
				is authorized to release and the purpose for which the information is being
				sought;
(C) Applicant or
				recipient's social security number or birthdate, and address; and
(D) The expiration date, or expiration event
				that relates to the applicant or recipient or the purpose of the authorization,
				and also specifying that if no expiration date or expiration event is specified
				the authorization shall expire one year from the date the authorization is
				signed;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-7 - Dissemination of material

Current through June, 2024
All material sent or distributed to applicants,
				  beneficiaries, or Medicaid providers, including material enclosed in envelopes
				  containing checks, shall be limited to the administration of medical assistance
				  programs.
(1) Mailing or distribution
				of holiday greetings, general public announcements, partisan voting
				information, and non-citizen registration notices shall be
				prohibited.
(2) Material relating
				to the health and welfare of applicants and beneficiaries, such as announcement
				of free medical exams, availability of surplus food, and consumer protection
				information may be mailed or distributed.
(3) The Medicaid agency shall distribute
				voter registration information and registration materials as required by the
				National Voter Registration Act of 1993 ( Pub. L. 103-931 ).
(4) Only the names of the persons directly
				connected with the administration of the medical assistance programs and
				identified in an official capacity with the DHS shall be contained in material
				sent or distributed to applicants, beneficiaries, and providers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1702 - CONFIDENTIALITY › Section 17-1702-8 - Penalty

Current through June, 2024
(a) Any person who fails to safeguard
				confidential information or who violates rules governing the confidential
				nature of DHS information may be prosecuted for a violation. Violators shall
				include, but shall not be limited to:
(1) Any
				person, including any person who acquires information through authorized
				inspection, who, knowing the information to have been acquired from the records
				or files of the department, intentionally divulges the information other than
				as authorized by law; and
(2) A
				person who intentionally and knowingly aids or abets an unauthorized person in
				the inspection of the records or files.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
				  administrative provisions of the department's review and hearing process for
				  individuals and beneficiaries dissatisfied with department or managed care
				  health plan action or inaction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-2 - Informal Review

Current through June, 2024
(a) An individual
				may request an informal review of an adverse action from the Med-QUEST Division
				before or after filing a request for a hearing. However, the individual is not
				required to seek informal review prior to filing a request for a
				hearing.
(b) When the oral or
				written request for an informal review is received by the Med-QUEST Division,
				the individual shall be given the opportunity to discuss reasons for the
				proposed adverse action and to present information to show that the proposed
				action is incorrect. Corrective action shall be made as necessary. If this
				informal review does not result in resolution, and the individual has not filed
				a request for a hearing, the individual may request a hearing subject to the
				timeliness limitations for filing requests for hearing as specified in this
				chapter.
(c) During the informal
				review process, the department may use information regarding an individual
				obtained by the Health Insurance Exchange.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-3 - Right to a hearing

Current through June, 2024
(a) Every
				individual shall be provided an opportunity for a hearing where an adverse
				action affects the individual's eligibility, benefits, services or
				claims.
(b) Every individual shall
				be provided an opportunity for an expedited hearing in accordance with section
				17-1703.1-11, if the time otherwise permitted as described in section
				17-1703.1-15(a)(1) or (a)(2) would jeopardize the individual's life or health
				or ability to attain, maintain or regain maximum function.
(c) Every individual filing for a hearing
				shall have the right to submit a written request naming an authorized
				representative for hearing purposes. The written authorization shall be
				received by the department before the department acknowledges any action taken
				by the authorized representative on the individual's behalf.
(d) Every individual shall be informed in
				writing at the time of application denial or adverse action:
(1) Of the individual's right to a
				hearing;
(2) Of the method for
				obtaining a hearing;
(3) That the
				individual may present the appeal independently or be represented by an
				authorized representative such as legal counsel, relative, friend, or any other
				person of the individual's choice;
(4) The availability of interpreter services
				for a limited English proficient individual; and
(5) Auxiliary aids for an individual with
				disabilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-4 - Action on request for hearing

Current through June, 2024
(a) An individual
				shall submit a hearing request:
(1) By
				telephone;
(2) Via mail;
(3) In person; or
(4) Through other commonly available
				electronic means.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-5 - Payment status of medical assistance or coverage pending hearing

Current through June, 2024
(a) The beneficiary is entitled to timely
				notice as to the status of medical assistance or coverage pending
				hearing.
(b) Adequate notice that
				medical assistance shall be reinstated and continued shall be provided where:
(1) Pertaining to eligibility or the
				fee-forservice program coverage denial, the beneficiary requests a hearing
				within fifteen (15) calendar days of the date of the adequate notice for
				adverse action.
(2) Pertaining to a
				managed care health plan's coverage denial, the beneficiary requests a hearing
				from the department within ten (10) calendar days of the date of the managed
				care health plan's notice for adverse action, for continuation of benefits,
				which were ordered by an authorized provider, and the original period covered
				by the original authorization has not expired.
(3) If the fifteenth
				(15th) day or tenth
				(10th) day as applicable falls on a weekend or
				holiday, the fifteenth (15th) day or tenth
				(10th) day as applicable shall be the first working
				day following the weekend or holiday.
(4) If the last day of the month falls on a
				weekend or holiday, the last day shall be the first working day following the
				weekend or holiday.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-6 - Rights of the individual

Current through June, 2024
An individual with a timely appeal shall have an opportunity
				  to:
(1) Examine the electronic and
				physical case record as well as all documents and records to be used at the
				hearing at a reasonable time before the date of the hearing as well as during
				the hearing;
(2) Present the case
				independently or with the aid of others including legal counsel;
(3) Bring witnesses;
(4) Request for an interpreter and shall be
				provided by the department during the hearing process if the individual is
				limited English proficient;
(5)
				Request for auxiliary aid or services and shall be provided by the department
				during the hearing process if the individual is disabled;
(6) Establish all pertinent facts and
				circumstances;
(7) Advance any
				arguments appropriate to the issue being heard without undue interference;
				and
(8) Question or refute any
				testimony or evidence, and to confront and cross examine any witness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-7 - Med-QUEST Division responsibility

Current through June, 2024
(a) When the
				Med-QUEST Division assists an individual in filing for the hearing, the
				Med-QUEST Division shall provide the individual with an adequate notice of the
				individual's right to an interpreter, auxiliary aids, legal counsel, and inform
				the individual of legal resources in the community.
(b) The Med-QUEST Division shall review all
				requests for a hearing to assure that all facts are properly considered. If any
				basis to support the grievance is found prior to the hearing, the Med-QUEST
				Division shall promptly take necessary corrective action.
(c) The Med-QUEST Division shall determine
				whether the request for hearing is based on action taken by the department as a
				result of section 17-1703.1-9(a). If applicable, the Med-QUEST Division shall
				make a recommendation to the hearing officer to deny the request.
(d) The Med-QUEST Division shall be the
				contact during the duration of the hearing appeal process with the individual
				and shall immediately notify the hearing officer of any change in address or
				circumstances which may affect the status of the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1703.1 - ADMINISTRATIVE APPEALS › Section 17-1703.1-8 - Responsibility of hearing office

Current through June, 2024
(a) The hearing
				office shall accept:
(1) Any request directly
				submitted to the hearing office; and
(2) All requests received through the
				Med-QUEST Division.