Chapter 346

Department of Human Services

TITLE 20. SOCIAL SERVICES

Chapter

346 Department of Human Services

346C Long-Term Care Financing Program

346D Long-Term Care

346E Nursing Facility Tax

346F Nursing Facility Sustainability Program

346G Hospital Sustainability Program

347 Blind, Visually Handicapped, and Other Disabled Persons

347D Hawaii State Coordinating Council on Deafness–Repealed

348 Vocational Rehabilitation

348E Commission on Persons with Disabilities–Repealed

348F Disability and Communication Access Board

349 Executive Office on Aging

349C Elder Abuse or Neglect–Repealed

350 Child Abuse

350B Hawaii Children’s Trust Fund

350C Adoption Assistance Compact and Procedures for

Interstate Services Payments

350E Interstate Compact on Placement of Children

351 Crime Victim Compensation

352 Hawaii Youth Correctional Facilities

352D Office of Youth Services

353 Corrections

353B Interstate Compact for the Supervision of Adult Offenders

353C Public Safety

353D Offender Family Service Center Act

353E Statewide Integrated Sex Offender Treatment Program

353F Corrections Population Management Commission

353G Criminal Offender Treatment Act

353H Comprehensive Offender Reentry System

354 Correctional Industries–Repealed

354D Hawaii Correctional Industries

355 Western Interstate Corrections Compact

355D Interstate Corrections Compact

356 Hawaii Housing Authority; Low Income Housing–Repealed

356D Hawaii Public Housing Authority

357 Federal Housing Projects–Repealed

358 Government Aid for Housing Projects–Repealed

358D Homeless Assistance Act–Repealed

359 State Housing Projects–Repealed

359A Teachers Housing–Repealed

359G Hawaii Housing Authority–Housing Projects–Repealed

359L Factory Built Housing–Repealed

360 Provisions Applicable to Public Housing

Generally–Repealed

360E Advisory Council on Housing–Repealed

361 Community Home Mortgage Program–Repealed

362 Progressive Neighborhoods Program–Repealed

363 Veterans Rights and Benefits

364 Veterans Loans–Repealed

367 Status of Women

367D Parity for Female Offenders

368 Civil Rights Commission

CHAPTER 346

DEPARTMENT OF HUMAN SERVICES

Part I. General and Administrative Provisions

Section

346-1 Definitions

346-1.7 Repealed

346-2 Appointment of personnel

346-3 Compensation of employees

346-4 Repealed

346-4.5 Investigators; authority and access to records

346-5 Reports

346-6 Appropriations; expenditures; donations

346-7 Acceptance of grants-in-aid or outright grants

346-7.5 Spouse and child abuse special account; department

of human services

346-8 Additional funds

346-9 Workshop program

346-10 Protection of records; divulging confidential

information prohibited

346-11 Unauthorized disclosure or inspection

346-12 Hearing

346-13 Attendance and testimony of witnesses

346-14 Duties generally

346-14.3 Guiding principles to be used by state agencies

when dealing with children of incarcerated parents

346-14.5 Financial assistance advisory council; established

346-15 Death benefits for deceased medical or financial

assistance recipients and disposition of unclaimed

dead human bodies

346-16 Definitions

346-17 Child placing organizations, child caring

institutions, and resource family homes;

authority over, investigation of, and standards for

346-17.2 Health assessment

346-17.3 Motor vehicle insurance

346-17.4 Higher education stipends for students

346-17.5 Federal aid to children in foster care

346-17.6 Consent to no cost emergency shelter and related

services

346-18 to 19.6 Repealed

346-19.7 Prospective adoptive parents; standards and home

studies

346-20 to 25 Repealed

346-26 Prevention and treatment of conditions giving rise

to need

346-27, 28 Repealed

346-28.5 Family self-sufficiency escrow accounts; asset

test exemption

346-29 Applications for public assistance; manner, form,

conditions

346-29.3 Medical assistance application information; annual

report; public disclosure

346-29.5 Real property liens

346-30 Relief limited

346-31 Assignment of persons in need of public assistance

to work on public projects

346-32 Application of chapter 386 to persons in need of

public assistance assigned to work projects

346-33 Assistance payments inalienable

346-34 Frauds, penalties

346-35 Cancellation or revision

346-36 Assistance payments, subject to change or repeal

346-37 Recovery of payments and costs of medical

assistance

346-37.1 Payment of public assistance for child requires

payment of child support to department by natural

or adoptive parents

346-37.2 Department subrogated to rights

346-37.3 Notice of child support debt

346-37.4 to 37.6 Repealed

346-38 Incompetency of recipient

346-39 Legal representative

346-39.5 Unclaimed financial assistance balances in

electronic benefit transfer accounts

346-40 Maintenance and availability of records; penalty

346-41 Inspection of institutional facilities

346-41.5 Hawaii qualified health centers

346-42 Administrative inspections and warrants

346-43 Penalties under other laws

346-43.5 Medical assistance fraud; penalties

346-44 Recovery of public assistance overpayments

346-45 Confidentiality of court records

346-46 Certified nurse aides; training programs and

recertification

346-47 Repealed

Part II. Specific Provisions Covering Public

Assistance and Child Welfare Services

346-51 Public assistance and child welfare services

administered by department

346-51.5 Expenditure of temporary assistance for needy

families funds

346-52 Aged, blind, and permanently and totally disabled

persons; eligibility for assistance

346-53 Determination of amount of assistance

346-53.2 Temporary assistance for needy families; funding

and programs; public comment

346-53.3 Temporary assistance for needy families and food

stamps for individuals with a felony conviction

which has as an element the possession, use, or

distribution of a controlled substance

346-53.4 Reimbursement to expanded adult residential care

home operators

346-53.5 Repealed

346-53.6 Federally qualified health centers; rural health

clinics; reimbursement

346-53.61 Centers for Medicare and Medicaid Services approval

346-53.62 Federally qualified health centers and rural health

clinics; reconciliation of managed care

supplemental payments

346-53.63 Federally qualified health center or rural health

clinic; adjustment for changes to scope of services

346-53.64 Federally qualified health center or rural health

clinic visit

346-53.65 Appeal

346-53.8 Kahuku medical center

346-54 Report to the legislature

346-55 Repealed

346-55.1 Visitation, custody, and support when public

assistance paid

346-55.5 Repealed

346-56 State reimbursement

346-57 Loans to applicants for federal supplemental

security income

346-57.5 Interim assistance reimbursement special fund

346-58 Repealed

346-59 Medical care payments

346-59.1 Coverage for telehealth

346-59.2 Comprehensive breast and cervical cancer control

program

346-59.4 Medical assistance to other children

346-59.5 Enforcement of contracts

346-59.6 Medicaid overpayment recovery

346-59.7 Enforcement of decisions regarding medicaid

overpayment recovery; judgment rendered thereon

346-59.8 Repealed

346-59.9 Psychotropic medication

346-60 Group therapy; reimbursement for services

346-61 Optometric services, choice

346-62 Examination of blind

346-63 Social services

346-64 Repealed

346-64.5 Eligibility for chore services

346-65 Child abuse and neglect discretionary emergency

assistance

346-66 Psychological services

346-67 Medical foods and low-protein modified food

product; treatment of inborn error of metabolism;

notice

346-68 Bridge to hope program; transitional benefits

346-69 Welfare safety net program; department of human

services

346-70 Medical assistance for other pregnant women

Part III. General Assistance to Households Without

Minor Dependents

346-71 General assistance to households without minor

dependents

346-72 Applications

346-73 Repealed

346-74 Representative payee

346-75 Repealed

Part IV. Services to Adults

A. Day Care Center–Repealed

346-81 to 85 Repealed

B. Family Boarding Homes–Repealed

346-90 to 96 Repealed

C. General Provisions

346-97 Criminal history record checks

Part V. Public Service Employment

346-101 Findings and purpose

346-102 Public service employment; established

346-103 Wages or salaries of public service employment

346-104 Refusal to work; ineligibility for public

assistance

Part VI. Licensure of Independent Group

Residences–Repealed

346-121 to 124 Repealed

Part VII. Resident Alien and Naturalized Citizen

Program

346-141 Purpose

346-142 Definitions

346-143 Administration

346-144 Application; approval; statement; return

346-145 Transportation assistance

346-146 Penalty

Part VIII. Child Care

A. General

346-151 Definitions

346-152 Exclusions; exemptions

346-152.3 Investigations

346-152.5 Requirements for persons exempt pursuant to

section 346-152

346-152.7 Safe sleep policy

346-153 Records of deficiencies and complaints; release

to public

346-154 Background checks

346-155 Rules

346-156 Penalty

346-157 Liability insurance coverage; no requirement

346-158 No smoking in child care facilities

346-159 Repealed

B. Group Child Care Home and Group Child Care

Center Licensure

346-161 License for group child care home, group child care

center required

346-162 Rules; minimum standards

346-163 Licenses and temporary permits

346-164 Suspension and revocation of licenses and

permits; reissuance

346-165 Visitation and inspection of group child care home,

group child care center

346-166 Records

C. Family Child Care Home Registration

346-171 Registration for family child care home required

346-172 Rules for registration

346-173 Procedure for registration

346-174 Informing parent and legal guardian of children

and general public

346-175 Visitation and inspection of family child care

home; revocation of registration

346-176 Family child care system

346-177 Program of incentive for registration

D. Miscellaneous Provisions

346-181 Preschool open doors program

Part IX. Workfare–Repealed

346-201 to 215 Repealed

Part X. Adult Protective Services

346-221 Purpose; construction

346-222 Definitions

346-223 Jurisdiction; venue

346-224 Reports

346-225 Confidentiality of reports

346-226 Access to records

346-227 Investigation

346-228 Action upon investigation

346-229 Right of entry

346-230 Termination of services

346-231 Order for immediate protection

346-232 Order to show cause hearing

346-233 Petition

346-234 Guardian ad litem; counsel

346-235 Consolidation with guardianship proceedings

346-236 Permanent changes

346-237 Notice of proceedings

346-238 Service

346-239 Required findings concerning postponed hearings

346-240 Adjudicatory hearing

346-241 Disposition

346-242 Review hearings

346-243 Appeal

346-244 Admissibility of evidence

346-245 Hearings

346-246 Failure to comply with court orders

346-247 Payment for service or treatment provided to a

party

346-248 Fiscal and service responsibility

346-249 Cooperation

346-250 Immunity from liability

346-251 Presumption of capacity

346-252 Advanced age

346-253 Rules

Part XI. First-To-Work Program

346-261 First-To-Work; establishment; purpose

346-262 to 276 Repealed

Part XII. Adoption Assistance

346-301 Adoption assistance program established

346-302 Equal benefits

346-303 Rules

346-304 Eligibility

346-305 Effect on prior adoption assistance agreements

Part XIII. Rx Plus Program–Repealed

346-311 to 319 Repealed

Part XIV. Home and Community-Based Case Management

Agencies and Community Care Foster Family

Homes–Repealed

346-331 to 336 Repealed

Part XV. State Pharmacy Assistance Program–Repealed

346-341 to 347 Repealed

Part XVI. Medicaid Preauthorization Exemption

346-351 Findings

346-352 Preauthorization exemption for certain physicians

and physician assistants

Part XVII. Homeless Programs

346-361 Definitions

346-362 Duties

346-363 Exception to liability for donors

346-364 Contract or conveyance to the department

346-365 Program administration

346-366 Time limits

346-367 Determination of eligibility and need

346-368 Abuse of assistance

346-369 Exemptions

346-370 Emergency or transitional shelter volunteers

346-371 Annual financial audit

346-372 Provider agency and donor cooperation are not

in restraint of trade

346-373 Construction of part

346-374 Homeless shelter stipends

346-374.5 Emergency shelter; minimum requirements

346-375 Temporary emergency shelter

346-376 Additional powers

346-377 Repealed

346-378 Housing first programs

Part XVIII. Hawaii Interagency Council on

Homelessness

346-381 Hawaii interagency council on homelessness;

establishment

346-382 Membership

346-383 Meetings; quorum

Part XIX. Young Adult Voluntary Foster Care Program

346-391 Purpose

346-392 Definitions

346-393 Rights of the young adult

346-394 Jurisdiction

346-395 Eligibility

346-396 Voluntary care agreement

346-397 Provision of extended foster care services

346-398 Petition; venue

346-399 Notice of hearings and reviews

346-400 Case plan; reports to be submitted by the

department

346-401 Court proceedings

346-402 Court-appointed attorneys

346-403 Periodic review

346-404 Termination of jurisdiction

346-405 Reestablishing jurisdiction

346-406 Liability of the department

346-407 Repealed

Note

Chapter heading amended by L 1987, c 339, §4.

L Sp 2005, c 4, §3 provides:

“SECTION 3. The department of human services shall not take any action to remove pharmaceutical benefits management from managed care plans that provide health care coverage for Hawaii medicaid beneficiaries.”

L 2008, c 241, §2 provides:

“SECTION 2. The department of human services shall apply to the federal Centers for Medicare and Medicaid Services to allow persons who are eligible to receive medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care; provided that the cost for the home- and community-based services shall not exceed the total expenditures that would have been incurred if the person received facility-based long-term care, services, or support.”

Certain positions in the Med-QUEST division and the director’s office are exempt from the civil service requirements of chapter 76, for three calendar years commencing on July 1, 2016, unless extended by legislative act. L 2016, c 79, §3.

Contracts that take effect after June 30, 2017, between the department of human services and a provider agency for the operation or management of an emergency or transitional shelter to comply with L 2016, c 234. L 2016, c 234, §6.

Equitable referral system for discharge of medicaid patients from hospitals, nursing homes, and long-term care facilities. L 2012, c 211, §7.

Homeless assistance working group; interim report to legislature (dissolved June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7.

Hospital sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 217; L 2013, c 141; L 2014, c 123; L 2015, c 70.

Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 156; L 2013, c 142; L 2014, c 124; L 2015, c 69.

Return-to-home pilot program for eligible homeless individuals (terminated December 31, 2016). L 2013, c 222, §§12 to 14.

State’s program integrity compliance with the federal Patient Protection and Affordable Care Act of 2010 with respect to medicaid program integrity within certain programs; reports to 2015-2017 legislature. L 2013, c 240.

Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved June 30, 2017). L 2015, c 243.

Cross References

Commission on fatherhood, see chapter 577E.

Early intervention services for infants and toddlers, see §§321-351 to 321-357.

Hawaii children’s trust fund, see chapter 350B.

Hawaii health insurance exchange, see chapter 435H.

Hospital sustainability program, see chapter 346G.

Medicaid contracts; nonprofit and for-profit reporting requirements, see §103F-107.

Medicaid-related mandates, see chapter 431L.

Nursing facility sustainability program, see chapter 346F.

Primary health care incentive program, see §321-1.5.

Safe place for newborns, see chapter 587D.

Sex offender treatment program, see chapter 353E.

State health insurance program, see chapter 431N.

Transfer of head start collaboration office, see §302L-1.5(e).