General Provisions

HRS div. 1, tit. 20, ch. 349, pt. I

in effect

HRS §349-1 Declaration of purpose; support; duties

349-1. Declaration of purpose; support; duties (a) The legislature hereby declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our State are entitled to, and it is the joint and several duty and responsibility of the State of Hawaii and its counties to enable our older people to secure equal opportunity to the full and free enjoyment of the following: (1) An adequate income in retirement in accordance with the American standard of living; (2) The best possible physical and mental health which science can make available, without regard to economic status; (3) Suitable housing, independently selected, designed, and located with reference to special needs and available at costs which older citizens can afford; (4) Full restorative services for those who require institutional care; (5) Opportunity for employment with no discriminatory personnel practices because of age; (6) Retirement in health, honor, and dignity; (7) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities; (8) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed; (9) Immediate benefit from proven research knowledge which can sustain and improve health and happiness; (10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives. (b) In support of the declaration of purpose in subsection (a), it shall be the policy of the State and its counties to: (1) Make available comprehensive programs which include a full range of health, education, and social services to our older residents who need them; (2) Give full and special consideration to older residents with special needs in planning such programs; and, pending the availability of such programs for all older residents, give priority to elders with the greatest economic and social need; (3) Provide comprehensive programs which will assure the coordinated delivery of a full range of essential services to our older residents, and where applicable, also furnish meaningful employment opportunities for individuals, including older persons from the community; and (4) Insure that the planning and operation of such programs will be undertaken as a partnership of older residents, the at-large community, and the State and its counties with appropriate assistance from the federal government. (c) It shall be the duty and responsibility of every state department and county agency providing programs and services to elders to actively work toward the goals articulated in subsections (a) and (b) and to employ the State's policy as included in the state master plan for elders in the planning and implementation of their individual programs. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]

HRS §349-2 Executive office on aging; appointments

349-2. Executive office on aging; appointments (a) There is established within the department of health, for administrative purposes only, an executive office on aging. (b) The head of this office shall be known as the director of the executive office on aging, hereinafter referred to as director. The director shall have professional training in the field of social work, education, public health, and other related fields; extensive direct experience in programs or services related to elders; and recent experience in a supervisory, consultative, or administrative position. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective July 1, 2005, the director shall be paid a salary set by the appointing authority that shall not exceed sixty-nine per cent of the salary of the director of human resources development. The director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1976, c 217, pt of §2; am L 1982, c 129, §12; am L 1986, c 128, §11; am L 1989, c 329, §9; am L 1990, c 67, §8; am L 2002, c 148, §39; am L 2003, c 204, §1; am L 2005, c 226, §9]

HRS §349-3 General functions, duties, and powers of the director

349-3. General functions, duties, and powers of the director The director shall have the following principal functions, duties, and powers: (1) Serve as the principal official in state government solely responsible for the performance, development, and control of programs, policies, and activities on behalf of elders; (2) Oversee, supervise, and direct the performance by the director's subordinates of activities in such areas as planning, evaluation, and coordination of elder programs and development of a statewide service delivery network; (3) Assess the policies and practices of other agencies impacting on elders and conduct advocacy efforts for elders; (4) Advise the governor on new legislation, programs, and policy initiatives and conduct such liaison as would be required to implement them; (5) Serve as a member of advisory boards and regulatory panels of state agencies in such areas as income maintenance, public employment, retirement systems, certification of health care facilities and programs, social service and medical assistance, and housing and employment, among others; (6) Administer funds allocated for the executive office on aging; and apply for, receive, and disburse grants and donations from all sources for elder programs and services; (7) Establish a clearinghouse for complaints of persons regarding services to elders, or operations of state and county agencies affecting elders, investigate the complaints, and refer the complaints and the director's findings to the appropriate agency for corrective action; (8) Adopt, amend, and repeal rules pursuant to chapter 91 for the purposes of this chapter; (9) Employ and retain such staff as may be necessary for the purposes of this chapter, in conformity with chapter 76; and (10) Contract for or grant such services as may be necessary for the purposes of this chapter, including master contract with other state agencies receiving federal and state funds for programs and services for the aging, and purchase of service agreements with appropriate agencies. [L 1976, c 217, pt of §2; gen ch 1985; am L 1990, c 67, §8; am L 2000, c 253, §150]

HRS §349-3.1 Renumbered

349-3.1. Renumbered as §349-17. L 2017, c 102, §4.

HRS §349-3.2 Alzheimer's disease and related dementia services coordinator

349-3.2. Alzheimer's disease and related dementia services coordinator There is established within the executive office on aging an Alzheimer's disease and related dementia services coordinator to coordinate the provision of public and private Alzheimer's disease and related dementia services. The coordinator shall be appointed by the director. [L 2013, c 214, §1; am L 2019, c 127, §2]

HRS §349-4 Policy advisory board for elder affairs; lifetime honorary kupuna

349-4. Policy advisory board for elder affairs; lifetime honorary kupuna (a) There shall be a policy advisory board for elder affairs, appointed by the governor under section 26-34. The board shall advise the director in but not limited to the following areas: (1) The identification of issues and alternative approaches to solutions; (2) The development of position statements and papers; (3) Advocacy and legislative actions; and (4) Program development and operations. The board shall consist of not less than fifteen nor more than twenty-one members, a majority of whom are over sixty years of age and who shall be selected on the basis of their interests and knowledge in and their ability to make contributions to the solution of problems relating to aging, and shall include at least one member from the county of Hawaii, one member from the county of Maui, one member from the county of Kauai, and one member from the city and county of Honolulu. There may be up to ten members who shall serve as ex officio[,] nonvoting members and may consist of the heads of the following agencies that provide services or programs affecting elders: health, human services, education, labor and industrial relations, commerce and consumer affairs, University of Hawaii, transportation, the state retirement system, and, by invitation, the Hawaii representatives of the United States Department of Health and Human Services and the Social Security Administration. Ex officio members may delegate their board responsibilities to another member of their agency. Of the non ex officio members, one-third of the members shall be appointed for the term of four years, one-third for the term of three years, and one-third for the term of two years; and thereafter the terms of office of each member shall be four years. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings and carrying out the responsibilities of the board. The chairperson shall be elected annually from the nongovernmental members of the board. There shall be not less than twelve meetings of the board each year. Quorum shall be a majority of the currently serving members, but in no event fewer than eight members shall constitute a quorum. (b) The policy advisory board for elder affairs may honor a non ex officio member by voting to award the member a lifetime honorary kupuna title at a meeting called for the purpose and attended by a quorum. The governor: (1) Shall take into consideration a person's receipt of a lifetime honorary kupuna title when considering the person's reappointment to the board; and (2) Notwithstanding section 26-34, may reappoint a person who holds the lifetime honorary kupuna title for continued terms over the person's lifetime. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(1); am L 1987, c 339, §4; am L 1990, c 67, §8; gen ch 1993; am L 2013, c 8, §1; am L 2018, c 134, §2; am L 2019, c 125, §2]

HRS §349-5 Administrative and program support for the executive office on aging

349-5. Administrative and program support for the executive office on aging (a) The provision of administrative and program support for the executive office on aging shall be accomplished by the creation of two principal organizational divisions in the executive office on aging. One division shall be known as the planning and administrative services division and the other shall be known as the community assistance and program management division. (b) The planning and administrative services division shall engage in the following activities, including but not limited to: (1) Preparation and submission of programs and budgets; (2) Preparation of an annual evaluation report on elder programs for the governor and legislature, which shall include a section detailing outcomes of the kupuna caregivers program, including but not limited to: (A) Evaluation metrics; (B) A cost breakdown and de-identified, aggregated analysis of individuals served, by county and type of service received; (C) Identification of the number of service providers contracted by county and the types of services provided; (D) Consolidated data of the existing waiting list broken down by county; and (E) Recommendations to support the implementation and execution of the program to maximize the number of caregivers served by the program; (3) Preparation of studies and analysis; (4) Maintenance of personnel records; (5) Management of contracts and agreements entered into by the executive office on aging with public and private vendors, consultants, and suppliers; (6) Monitoring the purchase of service agreements with public and private agencies and rendering technical assistance to elder program service providers; and (7) Establishment and maintenance of reimbursement systems for services provided by agreement with federal, state, and county agencies, as well as private groups. (c) The community assistance and program management division shall engage in the following activities, including but not limited to: (1) Legislative research and development as well as liaison on state and federal legislative matters; (2) Conducting public affairs programs on elder affairs programs, projects, and needs; (3) Development and implementation of educational, recreational, and cultural programs for elder persons; (4) Provision of technical assistance and liaison with community groups, organizations, and independent programs of benefit to elders; (5) Development and implementation of active programs of consumer protection and pre-retirement counseling; (6) Establishment of a statewide information and referral system, and an annual inventory of elder programs and service agencies; (7) Technical assistance and liaison for the purpose of establishing elder-controlled local service delivery systems providing comprehensive services and employment opportunities for elders throughout the State; and (8) Development and management of federally funded programs and special projects under the federal Older Americans Act and other federal sources. [L 1976, c 217, pt of §2; am L 1990, c 67, §8; am L 2019, c 126, §2]

HRS §349-5.5 Executive office on aging administrative claiming special fund

349-5.5. Executive office on aging administrative claiming special fund (a) There is established in the state treasury the executive office on aging administrative claiming special fund into which shall be deposited: (1) All revenues from medicaid administrative claiming designated for the department of health that are allowable for operating the aging and disability resource centers and programs within the executive office on aging; (2) Appropriations made by the legislature to the fund; and (3) Grants and gifts made to the fund. (b) The executive office on aging administrative claiming special fund shall be administered and expended by the department of health to administer and implement services for kupuna and individuals with disabilities who need long-term services and supports. [L 2019, c 89, §2; am L 2023, c 249, §2]

HRS §349-6 State master plan for elders

349-6. State master plan for elders The executive office on aging shall be responsible for the continued development, implementation, and continuous updating of a comprehensive master plan for elders which shall include, but not be limited to, the following: (1) Compilation of basic demographic data on elders in the State; (2) Identification of the physical, sociological, psychological, and economic needs of elders in the State; (3) Establishment of immediate and long-range goals pursuant to programs and services for elders in the State; (4) Establishment of priorities for program implementation and of alternatives for program implementation; and (5) Organization of administrative and program structure, including the use of facilities and personnel. The state master plan for elders shall be developed in accordance with the requirements of the executive budget act. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]

HRS §349-6.5 Alzheimer's disease and related dementias state plan

349-6.5. Alzheimer's disease and related dementias state plan (a) The executive office on aging shall prepare an update of the state plan on Alzheimer's disease and related dementias no less frequently than once per fiscal biennium. The executive office on aging shall include information on progress made toward the goals of the state plan in its annual report to the legislature. (b) The update report shall include: (1) An implementation work plan specifying the tasks, timelines, and milestones for each goal along with parties assigned to each task; (2) Efforts taken by the State to achieve the goals and strategies identified in the most recent state plan on Alzheimer's disease and related dementias; (3) Recommendations for state policy relating to Alzheimer's disease and dementias; and (4) A review of services initiated and coordinated among public and private agencies to meet the needs of persons with Alzheimer's disease and related dementias and their families. (c) In preparing the update report, the executive office on aging shall review the most recent state plan on Alzheimer's disease and related dementias for appropriateness and revise the plan as necessary. In determining the appropriateness of the current plan, the executive office on aging shall solicit input from task forces and working groups formed to address Alzheimer's disease and related dementias, families affected by Alzheimer's disease and related dementias, and members of the medical community. [L 2018, c 146, §2]

HRS §349-7 Recognition as responsible state agency

349-7. Recognition as responsible state agency The executive office on aging shall be the single state agency responsible for programs affecting senior citizens of this State; provided that those programs affecting senior citizens now operated by other departments or agencies shall not be transferred to the executive office on aging except by executive order of the governor. [L 1976, c 217, pt of §2]

HRS §349-8 Powers of other departments and agencies; cooperation with the executive office on aging

349-8. Powers of other departments and agencies; cooperation with the executive office on aging It shall be the duty and responsibility of every state department and county agency providing programs and services to the aging, in actively working toward the goals and objectives articulated in the state comprehensive master plan for elders, to coordinate with the executive office on aging the development of its program plans and clear its final plans with the office prior to implementation of such plans. The executive heads of all such departments and agencies shall cooperate with the executive office on aging in providing information as the office deems necessary for the effective discharge of its duties under sections 349-3, 349-5, 349-6, and 349-7. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers, and duties. Each department, agency, officer, and employee of the State and of the counties shall cooperate and assist the executive office on aging in the performance of the function, powers, and duties of the office. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]

HRS §349-9 County functions

349-9. County functions Each county may establish a county office on aging and a county council on aging pursuant to the Older Americans Act of 1965, as amended. L 1976, c 217, pt of §2; am L 1979, c 136, §1(2)

HRS §349-10 Annual senior citizen's fair

349-10. Annual senior citizen's fair Each county may hold an annual senior citizen's fair in its respective county. The county shall be responsible for the planning, organizing, and coordinating of the fair in every respect. The state policy advisory board for elder affairs may assist the county in any aspect upon request. Proceeds earned from this fair are deemed to be proceeds earned from casual sales as defined in chapter 237. The county shall distribute such proceeds to the various senior citizen organizations and individuals who participate in the fair in accordance with appropriate methods of distribution as determined by the county. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(3); am L 1990, c 67, §8]

HRS §349-11 State policy for senior centers

349-11. State policy for senior centers The executive office on aging shall be responsible for establishing state policy for senior centers. Such policy shall include, but not be limited to, the following: (1) Establishment of comprehensive long range and immediate goals and objectives pursuant to chapter 349; (2) Establishment of state standards for the operation and maintenance of senior centers; (3) Establishment of priorities for program implementation and of alternatives for program implementation; (4) Delineation of the separate and mutual roles, responsibilities, and authorities of the State and of the several counties relative to the development and administration of senior centers and senior center programs; and (5) Establishment of a mechanism to provide for the effective monitoring of senior centers and senior center programs. [L 1976, c 141, §§1, 2]

HRS §349-14.1 The Hawaii state health insurance assistance program; annual report

349-14.1. The Hawaii state health insurance assistance program; annual report The executive office on aging shall submit to the legislature a progress report on the Hawaii state health insurance assistance program no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to: (1) The number of persons in the State's medicare population served by outreach programs; (2) The number of previously uninsured persons who received assistance with enrollment in medical or prescription drug coverage; and (3) The number of persons assisted by the Hawaii state health insurance assistance program with enrollment in low-income subsidy programs. [L 2023, c 252, §3]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0349/HRS_0349-.htmFetched: 11/10/2026