Developmental disabilities system
HRS §333F-2
in effect333F-2. Developmental disabilities system
(a) The department shall develop, lead, administer, coordinate, monitor, evaluate, and set direction for a comprehensive system of supports and services for persons with developmental or intellectual disabilities within the limits of state or federal resources allocated or available for the purposes of this chapter. The department shall administer or may provide available supports and services based on a client-centered plan, which resulted from client choices and decision-making that allowed and respected client self-determination.
The department's responsibility for persons
with developmental or intellectual disabilities shall be under one
administrative unit for the purpose of coordination, monitoring, evaluation,
and delivery of services. Not later than June 30, 1999, all programs and
services falling under this chapter shall be provided in the community,
including services presently provided at Waimano training school and hospital.
When the private sector does not provide or is not able to provide the
services, the department shall provide the services. Clients at Waimano
training school and hospital shall be placed into community-based programs
provided appropriate support services are available.
The department shall convene a panel not later
than August 1, 1995, to create a plan to provide services in the community and
to ensure that the transition of Waimano training school and hospital residents
to the community will be client-centered, taking into consideration the health,
safety, and happiness of the residents and the concerns of their families. The
panel shall consist of but not be limited to consumers, families,
representatives from the private sector, employees and employee
representatives, professionals, representatives of the University of Hawaii
affiliate program, and representatives of the state council on developmental
disabilities.
(b) The department shall ensure the provision
of an array of individually appropriate services and care to persons with developmental
or intellectual disabilities through the utilization of existing resources
within the community, through coordination with supports and services provided
under other federal, state, or county acts, and through specific funding when
no other resources are available within the limits of state and federal
resources allocated or available for the purpose of this chapter. The
department shall not supplant or duplicate services provided under other
federal, state, or county acts.
(c) Supports and services the department shall
administer include, but shall not be limited to:
(1) Early identification and evaluation of persons
with developmental or intellectual disabilities;
(2) Development, planning, and implementation in
coordination with other federal, state, and county agencies, of service
programs for persons with developmental or intellectual disabilities;
(3) Development and provision of service programs in
the public or private sectors through chapter 42F or chapter 103F, for persons
with developmental or intellectual disabilities;
(4) Establishment of a continuum of comprehensive
services and residential alternatives in the community to allow persons with developmental
or intellectual disabilities to live in the least restrictive, individually
appropriate environment;
(5) Development and implementation of a program for
single-entry access by persons with developmental or intellectual disabilities
to services provided under this chapter as well as referral to, and
coordination with, services provided in the private sector or under other
federal, state, or county acts, and the development of an individualized
service plan by an interdisciplinary team;
(6) Collaborative and cooperative services with
public health and other groups for programs to prevent developmental or
intellectual disabilities;
(7) Informational and educational services to the
general public and to lay and professional groups;
(8) Consultative services to the judicial branch of
government, educational institutions, and health and welfare agencies whether
the agencies are public or private;
(9) Provision of community residential alternatives
for persons with developmental or intellectual disabilities, including group
homes and homes meeting ICF/ID standards;
(10) Provision of care at the skilled nursing level or
in a skilled nursing facility, as individually appropriate;
(11) Provision of other programs, services, or
facilities necessary to provide a continuum of care for persons with developmental
or intellectual disabilities;
(12) Provision of case management services independent
of the direct service provider; and
(13) Development and maintenance of respite services
in the community for persons with developmental or intellectual disabilities.
(d) Provisions for supports and services shall
be limited to the amount of resources allocated or available for the purposes
of this chapter.
(e) The department shall maximize its funds
for community services using such funds as state matching funds for Title XIX
programs, other governmental finance participation programs, and private
finance programs as necessary and when possible. Only those individuals
eligible for community services but not eligible for medicaid waiver services
or other federally reimbursed programs or for whom such services are not
appropriate or not available based on their individual service plan shall
receive services and supports with one hundred per cent state funds.
[L 1987, c
341, pt of §2; am L 1990, c 178, §§2, 6; am L 1991, c 335, §9; am L 1995, c
189, §§4, 22; am L 1997, c 190, §6; am L 1998, c 133, §2; am L 2001, c 175, §6;
am L 2006, c 303, §§1, 4; am L 2007, c 40, §4; am L 2011, c 220, §§13, 14]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0333F/HRS_0333F-0002.htmFetched: 11/10/2026