Title 20, Social Services

§346F-2 Findings and declaration of necessity. It is the intent of the legislature to establish a special fund within the state treasury to receive revenue from the imposition of a nursing facility sustainability fee to be administered by the department, which shall use the reven…

[§346F-3] Definitions. As used in this chapter: "Continuing care retirement community" means an entity providing nursing facility services, along with assisted living or independent living on a contiguous campus with the number of assisted living and independent living beds in th…

§346F-4 Nursing facility sustainability program special fund. (a) There is created in the state treasury the nursing facility sustainability program special fund to be administered by the department into which shall be deposited all moneys collected under this chapter. (b) Moneys…

§346F-5 Nursing facility sustainability fee. (a) Effective July 1, 2012, the department shall charge and collect a provider fee on health care items or services provided by nursing facilities. (b) The nursing facility sustainability fee shall be based on the total resident days o…

§346F-6 Nursing facility sustainability fee assessment. (a) Nursing facilities shall pay the nursing facility sustainability fee to the nursing facility sustainability program special fund in accordance with this chapter. (b) The department shall determine, with agreement by the …

[§346F-7] Federal approval. The department shall seek a waiver and other approvals from the Centers for Medicare and Medicaid Services that may be necessary to implement the nursing facility sustainability program, including the approval of the contracts between the State and med…

[§346F-8] Multifacility locations. If an entity conducts, operates, or maintains more than one nursing facility, the entity shall pay the nursing facility sustainability fee for each nursing facility separately. [L 2012, c 156, pt of §2, §5; am L 2013, c 142, §3; am L 2014, c 124…

§346F-9 Penalties for failure to pay nursing facility sustainability fee. (a) If a nursing facility fails to pay the full amount of the nursing facility sustainability fee when due, there shall be added to the fee, unless waived by the department for reasonable cause, a penalty e…

[§346G-1] Title. This chapter shall be known and may be cited as the "Hospital Sustainability Program Act". [L 2012, c 217, pt of §2, §5; am L 2013, c 141, pt of §1, §2; am L 2014, c 123, §2; am L 2015, c 70, §2; am L 2016, c 60, §3; am L 2017, c 59, §5; am L 2019, c 173, §6; am …

§346G-10 Private hospital payments through enhanced payments to medicaid managed care health plans. (a) The department shall use moneys from the hospital sustainability program special fund solely to fulfill the requirements of section 346G-4(c). (b) In accordance with title 42 C…

[§346G-11] Special designation of hospital sustainability program special fund. Notwithstanding section 37-53, and any law or any administrative rule to the contrary, the specific purposes set out in section 346G-4(c) are established as being exclusive uses of the hospital sustai…

§346G-12 Termination. (a) Collection of the hospital sustainability fee established by section 346G-5 shall be discontinued if: (b) If the hospital sustainability fee is discontinued, any remaining moneys in the hospital sustainability program special fund shall be distributed to…

[§346G-13] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or applicatio…

§346G-2 Findings and declaration of necessity. It is the intent of the legislature to establish a special fund within the state treasury to receive revenue from the imposition of a hospital sustainability fee to be administered by the department of human services, which shall use…

§346G-3 Definitions. As used in this chapter: "Department" means the department of human services. "Fiscal year" means a twelve-month period from July 1 of a particular calendar year to June 30 of the following calendar year, inclusive. "Hospital" means any facility licensed purs…

§346G-4 Hospital sustainability program special fund. (a) There is created in the state treasury the hospital sustainability program special fund to be administered by the department into which shall be deposited all moneys collected under this chapter. (b) Moneys in the hospital…

§346G-5 Hospital sustainability fee. (a) Effective July 1, 2012, or, if later, the effective date of any necessary federal approvals, the department shall charge and collect provider fees, to be known as the hospital sustainability fee, on inpatient and outpatient care services p…

§346G-6 Hospital sustainability fee assessments. (a) Hospitals shall pay the hospital sustainability fee to the department in accordance with this chapter. (b) The department shall determine, upon good faith consultation and negotiations with the hospital trade association locate…

§346G-7 Federal approval. The department shall seek waivers and any additional approvals from the Centers for Medicare and Medicaid Services that may be necessary to implement the hospital sustainability program, including approval of the contracts between the State and medicaid …

[§346G-8] Multifacility locations. If an entity conducts, operates, or maintains more than one hospital licensed by the department of health, the entity shall pay the hospital sustainability fees for each hospital separately, unless it operates and files more than one hospital un…

§346G-9 Penalties for failure to pay the hospital sustainability fee. (a) If a hospital fails to pay the full amount of any hospital sustainability fee when due, there shall be added to the fee, unless waived by the department for reasonable cause, a penalty equal to two per cent…

§347-1 Visually handicapped defined. A visually handicapped person is one whose vision with correcting lenses is so defective as to interfere with the person's performance of ordinary activity for which eyesight is essential. [L 1947, c 108, §3; RL 1955, §109-3; am L 1959, c 246,…

§347-10 Donations and examinations for sight conservation. (a) Donations. The department of human services in its sight conservation program may accept and expend or distribute donations, eye glasses, and other services for sight conservation and for assistance to blind and visua…

§347-11 Protection of records; divulging confidential information prohibited; penalties; payments to blind inalienable. Sections 346-10 and 346-11, relating to protection of records, divulging confidential information, and penalties, and section 346-33 concerning inalienability o…

§347-12 Blind shop and handicraft program. The department of human services may provide a workshop or home labor program for the blind or others, who, in the opinion of the department of human services, will benefit from the experience. Under the program, the department may train…

[§347-12.5] Randolph-Sheppard revolving account. (a) There is established within the state treasury the Randolph-Sheppard revolving account. The revolving account shall be used by the department of human services for: (b) Income from vending machines on federal, state, and county…

§347-13 Persons who are blind, visually handicapped, disabled; public places; public conveyances. (a) Persons who are blind, visually handicapped, or otherwise disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, a…

[§347-13.5] Suits by individuals; jurisdiction; venue. Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such an action shall…

§347-14 Penalty. Any person, business, or agency who violates section 347-13 and any common or public carrier which, and any officer or employee of any common carrier who violates, or causes such carrier to violate, section 347-13 shall be fined not more than $1,000. [L 1945, c 2…

§347-15 Fares for blind person and guide. It shall be lawful under the law of the State for any carrier, whether public or private, whether a public utility or not a public utility, to carry on any conveyance operated by the carrier any blind person and the blind person's guide a…

§347-16 Canes, use in public places. No person, unless blind or visually handicapped and authorized by the department of human services so to do, shall carry or use on any street or highway, or in any other public place, an exposed cane or walking stick which is painted white in …

§347-17 Driver of vehicle, caution. Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped, and is carrying or using an exposed cane or walking stick which is painted white in color or painted white tipped with red, or a person who is blind or…

§347-18 Penalty. Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both. [L 1947, c 35, §3; RL 1955, §109-25; HRS §347-18]

§347-19 Rights of blind; partially blind. A blind or visually handicapped person not carrying a cane or using a service animal in any of the places, accommodations or conveyances listed in section 347-13, shall have all of the rights and privileges conferred by law upon other per…

§347-2 Blind, defined. The term "blind" as used in this chapter, whether used as an adjective or noun, means blind or visually handicapped. [L 1947, c 108, §1; RL 1955, §109-5; am L 1959, c 246, §3; am L 1961, c 177, §1; HRS §347-2]

§347-2.5 Service animal, defined. As used in this chapter, "service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disabil…

[§347-2.6] Misrepresentation of a service animal; civil penalty. (a) It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5. (b) Upon a finding of clear and c…

[§347-20 Legislative findings.] The legislature finds that it is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunera…

§347-3 Department; general powers. The department of human services shall administer work with and for the blind, including the registry of the blind, vocational guidance, training, and placement in employment, and other services, including the conduct of activities for sight con…

§347-4 Vocational rehabilitation of blind. The department of human services shall provide vocational rehabilitation for blind and visually handicapped persons in accordance with the provisions of the federal Vocational Rehabilitation Act and the Randolph-Sheppard Act and in accor…

§347-5 Obtaining federal benefits. The department of human services may, as the agency of the State for the assistance of blind or visually handicapped persons, do all things which will enable the State and the blind and the visually handicapped in the State to have the benefits …

§347-6 Registration of blind. The department of human services shall cause to be maintained a complete register of the blind in the State which shall describe the condition, causes of blindness, capacity for education and industrial training, and such other facts as may seem to i…

§347-7 Agencies for information and industrial aid. The department of human services shall maintain or cause to be maintained one or more agencies for employment information and industrial aid, the object of which shall be to aid the blind and visually handicapped persons in find…

§347-8 Workshops. The department of human services may also, whenever it deems proper, aid blind and visually handicapped persons and others, who, in the opinion of the department, will be benefited by the experience, to become self-supporting by employing them in workshops or in…

§347-9 Visiting blind and visually handicapped persons; home teaching. The department of human services may take whatever measures it deems necessary to ameliorate the condition of blind and visually handicapped persons by promoting visits among them, providing instruction in the…

§348-1 State vocational rehabilitation; policy and scope. (a) Vocational rehabilitation services shall be provided to handicapped individuals throughout the State in accordance with this chapter and within the limits of available federal, state, and private funds. The vocational …