THE SENATE
S.B. NO.
1058
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
related to care homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-53, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes, to be provided to recipients who are eligible for federal supplemental security income or public assistance, or both. The director shall provide for level of care payment as follows:
(1) For adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment shall not [[Struck through: exceed]] [Underlined: be less than] $784[[Struck through: ;]] and [Underlined: shall not exceed $1,332; and]
(2) For adult residential care homes classified as facility type II, the state supplemental payment shall not [[Struck through: exceed]] [Underlined: be less than] $892[[Struck through: .]] [Underlined: and shall not exceed $1,440.]
If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.
The department shall handle abusive practices under this section in accordance with chapter 91.
Nothing in this subsection shall allow the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided or where the recipient no longer requires any domiciliary care.
(d) [[Struck through: On July 1, 2006, and thereafter, as]] [Underlined: As] the department determines a need, the department shall authorize a payment, as allowed by federal law, for resident clients receiving supplemental security income in adult residential care home type I and type II facilities, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, when state funds appropriated for the purpose of providing payments under subsection (c) for a specific fiscal year are not expended fully within a period that meets the requirements of the department's maintenance of effort agreement with the Social Security Administration[[Struck through: .]][Underlined: ; provided that the payment under this subsection shall not exceed $500 and shall only be authorized if the maximum payments under subsection (c) have been paid for at least twelve consecutive months.]
The payment shall be made with that portion of state funds identified in this subsection that has not been expended.
The department shall determine the rate of payment to ensure compliance with its maintenance of effort agreement with the Social Security Administration."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2025.
INTRODUCED BY:
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Report Title:
CCFFH; ARCH; DDDOM; Adult Foster Homes; Department of Human Services; State Supplemental Payments
Description:
Increases the state supplemental payment ceilings for type I adult residential care homes, licensed developmental disabilities domiciliary homes, community care foster family homes, certified adult foster homes, and type II adult residential care homes. Authorizes an additional payment for resident clients residing in these homes when state funds for the state supplemental payment for a specific fiscal year are not fully expended, under certain circumstances.
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