Title 20, Social Services

[§346-393] Rights of the young adult. (a) Young adults have a right to meaningful court reviews, including the right to: (b) Nothing in this part shall be construed to abrogate any other rights that a person who has attained eighteen years of age, may have as an adult under state…

[§346-394] Jurisdiction. The family courts established pursuant to chapter 571 shall have exclusive jurisdiction over proceedings brought under this part. [L 2013, c 252, pt of §2]

§346-395 Eligibility. A young adult may continue to receive services under this part if the young adult meets the following criteria:

§346-396 Voluntary care agreement. If a young adult is no longer under jurisdiction pursuant to chapter 587A as the subject child and chooses to participate in the young adult voluntary foster care program and meets the eligibility criteria set forth in section 346-395, the depar…

[§346-397] Provision of extended foster care services. As soon as the department determines that a young adult is eligible under section 346-395 and the young adult signs the voluntary care agreement as described in section 346-396, prior to the filing of the petition invoking th…

[§346-398] Petition; venue. (a) Within thirty days after the voluntary care agreement is signed, the department shall file with the court in the county where the young adult resides a petition invoking the jurisdiction of the court under this part, which shall contain: (b) Upon t…

[§346-399] Notice of hearings and reviews. Notice of hearings and reviews shall be provided to the parties; provided that no further notice is required for any party who was given actual notice of a hearing or review while present in court. Notice of hearings or reviews shall be …

§346-4.5 Investigators; authority and access to records. (a) The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers a…

§346-40 Maintenance and availability of records; penalty. (a) To enable another provider to determine the proper course of treatment in emergencies and in order to determine whether a provider is genuinely entitled to reimbursement and to protect the medicaid program against frau…

[§346-400] Case plan; reports to be submitted by the department. (a) A case plan shall: (b) The department shall prepare a report to the court, developed in collaboration with the young adult as developmentally appropriate, describing: (c) The report shall be submitted to the cou…

[§346-401] Court proceedings. (a) The court shall conduct all proceedings under this part without a jury. (b) The general public shall be excluded from these proceedings. Only parties found by the court to have a direct interest in the case shall be admitted to the proceeding. (c…

[§346-402] Court-appointed attorneys. The court may appoint an attorney sua sponte or at the request of any party to represent a young adult who is eligible under section 346-395 and has signed the voluntary care agreement as described in section [346-396] if it is deemed by the …

[§346-403] Periodic review. (a) Periodic judicial reviews shall occur not less than once every one hundred eighty days after the signing of the voluntary care agreement and may be conducted either by court hearing or court review. (b) At the periodic review, the court shall issue…

[§346-404] Termination of jurisdiction. Jurisdiction under this part shall terminate when:

[§346-405] Reestablishing jurisdiction. A young adult who was previously under the jurisdiction of the court under this part and who was terminated from the young adult voluntary foster care program may reestablish jurisdiction by signing a new voluntary foster care agreement at …

[§346-406] Liability of the department. The department or any of its employees who provide services under this part shall not be liable to a third person:

§346-41 Inspection of institutional facilities. (a) The director of the department of health, department of human services and the attorney general of the State shall have the right to inspect all institutions and organizations in the State, whether public or private, to which pa…

§346-41.5 Hawaii qualified health centers. If the medicaid managed care program is implemented, the department shall provide a supplemental capitation program for the uninsured with enabling services based on an annual cost-based determination to all Hawaii qualified health cente…

§346-42 Administrative inspections and warrants. (a) Issuance and execution of administrative inspection warrants shall be as follows: (b) The designated representative of the attorney general or the department may make administrative inspections of provider premises in accordanc…

[PART XX.] HEALTH ANALYTICS [§346-421] Health analytics program; appointments. (a) There is established within the department of human services the health analytics program. (b) The head of the program shall be known as the health analytics and informatics program administrator, …

[§346-43] Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1978, c 105, §9]

§346-43.5 Medical assistance fraud; penalties. (a) A person commits the offense of medical assistance fraud if: (b) A person convicted under subsection (a)(2) shall pay restitution equivalent to the amount of medical assistance benefits paid by the State on behalf of that person.…

[Part XXI.] OFFICE OF WELLNESS AND RESILIENCE [§346-431] Definitions. As used in this part, unless the context otherwise requires: "Board" means the wellness and resilience advisory board. "Office" means the office of wellness and resilience. [L 2023, c 87, pt of §2]

[§346-432] Office of wellness and resilience; established. (a) There is established within the department for administrative purposes only, the office of wellness and resilience. (b) The office shall be headed by an executive director, who shall be appointed by the director witho…

[§346-433] Functions. The office shall:

[§346-434] Annual report. The office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including:

§346-435 Wellness and resilience advisory board; establishment; members; roles. (a) There is established within the department for administrative purposes only, a wellness and resilience advisory board to advise the office in implementing this part. The board shall consist of the…

[§346-436] State of well-being project; established. (a) There is established within the office the state of well-being project to assess and enhance tier 1 and tier 2 mental health support services for key stakeholder communities across the State. The project shall: (b) The offi…

§346-44 Recovery of public assistance overpayments. All overpayments of public assistance funds, including but not limited to overissuances of financial assistance, food stamp bonuses under a food stamp plan, medicaid assistance, and incorrect vendor payments in behalf of a recip…

§346-45 Confidentiality of court records. (a) The court shall maintain records of all adult protective proceedings under this chapter. All court documents and records pertaining to the action or proceeding shall be subject to inspection only by the vulnerable adult, and the vulne…

§346-46 Certified nurse aides; training programs and recertification. The director shall:

[§346-48] Coverage of ground ambulance services. Beginning on January 1, 2020, the State's medicaid programs: provided that implementation of this section is dependent on approval by the United States Centers for Medicare and Medicaid Services. [L 2019, c 140, §2]

§346-5 Reports. The director of human services shall file with the governor a written report or reports at such times, at least once in each year, and in such form as shall be requested by the governor covering the condition and activities of the department of human services and …

§346-51 Public assistance and child welfare services administered by department. The department of human services shall administer public assistance and child welfare services in the several counties except for payments administered under the federal supplemental security income …

[§346-51.5] Expenditure of temporary assistance for needy families funds. (a) Funds received by the State under the temporary assistance for needy families program block grant shall be subject to appropriation by the legislature and shall not be expended by the department without…

[§346-52] Aged, blind, and permanently and totally disabled persons; eligibility for assistance. A person shall be eligible for public assistance who meets the requirements established by the federal supplemental security income program or its successor agency, provided the perso…

§346-53 Determination of amount of assistance. (a) This subsection does not apply to general assistance to households without minor dependents. The standard of need shall equal the poverty level established by the federal government in 2006, prorated over a twelve-month period ba…

[§346-53.1] Summer electronic benefits transfer for children program. (a) Subject to the availability of funds, the department may implement the federal summer electronic benefits transfer for children program. To implement the program, the department shall work with the departme…

[§346-53.2] Temporary assistance for needy families; funding and programs; public comment. (a) The department, to the extent allowed under section 346-10, shall make all data relating to temporary assistance for needy families funds available to the senate and house of representa…

[§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. Section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are c…

[§346-53.4] Reimbursement to expanded adult residential care home operators. Qualified expanded adult residential care home operators under section 321-15.62 who accept residents certified by the department as requiring skilled nursing facility level care shall be reimbursed base…

[§346-53.6] Federally qualified health centers; rural health clinics; reimbursement. (a) Notwithstanding any law or waiver to the contrary, federally qualified health centers and rural health clinics, as defined in section 1905(1) of the Social Security Act (42 U.S.C. 1396 et seq…

[§346-53.61] Centers for Medicare and Medicaid Services approval. The department shall implement sections 346-53.62, 346-53.63, and 346-53.64, subject to approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. [L Sp 2008, c 8, pt of §2]

[§346-53.62] Federally qualified health centers and rural health clinics; reconciliation of managed care supplemental payments. (a) Federally qualified health centers or rural health clinics that provide services under a contract with a medicaid managed care organization shall re…

[§346-53.63] Federally qualified health center or rural health clinic; adjustment for changes to scope of services. (a) Prospective payment system rates may be adjusted for any increases or decreases in the scope of services furnished by a participating federally qualified health…

§346-53.64 Federally qualified health center or rural health clinic visit. (a) Services eligible for prospective payment system reimbursement are those services that are furnished by a federally qualified health center or rural health clinic that are: (b) Contacts with one or mor…