STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION

NOTICE OF PUBLIC HEARING

Pursuant to Sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules of the Benefit, Employment and Support Services Division for the purpose of conforming to federal and state statutes. A brief description of the proposed changes is listed below:

CHAPTER 17-658, FINANCIAL ASSISTANCE TO AGED, BLIND, AND DISABLED INDIVIDUALS

§17-658-5, Categorical eligibility requirements and verification of those requirements for individuals applying for or receiving financial assistance as disabled individuals. The format of this section is amended for clarity. Subsections (c) through (e) related to ADRC determinations are now listed under paragraph 2 as subparagraphs (A), (B), and (C).

§17-658-6.1, Requirements of the essential person or legal spouse. This section is amended by adding a new subsection (d) to specify that a household shall be ineligible if the legal spouse or designated essential person fails to comply with the work requirements specified in this section.

§17-658-7, State financial assistance for aged, blind, and disabled individuals. This section is amended by adding two new paragraphs. Paragraph (3) is added to specify that AABD benefits will be provided to persons whose SSI was stopped by the Supplemental Security Income office for reasons other than categorical ineligibility provided that these persons meet all other requirements of the financial assistance program. Paragraph 4 is added to specify that the legally married spouse of the eligible aged, blind, or disabled individual shall be provided AABD benefits.

CHAPTER 659, GENERAL ASSISTANCE (GA) AND GA RELATED MEDICAL ASSISTANCE

§17-659-2, Definitions. This section is amended by amending two definitions and deleting one definition. The definition of “current medical report” is amended by adding that the medical form may also be completed by a licensed psychologist or licensed physician whose specialty is in psychiatry. The definition of “disabled” is amended to include a disability due to a combination of a physical or a mental impairment. The definition of “good cause” is deleted as it is defined in section 17-659-18 and is redundant.

§17-659-3, Eligibility conditions. This section is amended by amending subsections (a), (b), and (c). Subsection (a) is amended to specify that for the purposes of chapter 659, an applicant or recipient who has exhausted their sixty month time limit as specified in §17-656.1-3 but meets all other requirements of the AFDC program will not be considered categorically ineligible for AFDC. One of the eligibility criteria for General Assistance is that a person is categorically ineligible for AFDC. Subsection (b) is amended to include a disability due to a combination of a physical or a mental impairment. Subsection (c) is amended to delete the reference to medical assistance programs.

§17-659-5, Medical support and medical assignment. This section is repealed because the requirements referenced by this section were repealed on July 16, 1999.

§17-659-11, Program eligibility requirements. This section is amended by amending subsections (d) and (i), and by adding a new subsection (h). Subsection (d) is amended to include disability determinations due to a combination of a physical or a mental impairment, and to clarify that the department’s designated examining physician or psychologist will be included as members of the medical or psychiatric board. Subsection (i) is renumbered to (j) and is amended to add three reasons to determine good cause for refusal or failure to pursue medical treatment: 1) When treatment is not available. Treatment is considered not available when the providers of the health plan the individual is enrolled in are unable to provide treatment. Treatment is considered available when the individual does not have health coverage or a health plan; 2) When the individual has a personal emergency that threatens the life of the individual, the individual’s spouse, parent or child; or the individual suffers a natural disaster. The emergency must be verified by a licensed physician or licensed psychologist and the natural disaster must be verified with the police department, fire department or other applicable agency; 3) When there are circumstances which threaten the safety of the individual and such circumstances are verified by a licensed physician, a licensed psychologist, police department, or other applicable agency.

Subsection (h) is added to specify that in situations where the medical or psychiatric board determines the applicant is not disabled, a notice must be sent to the applicant to inform the applicant that additional medical evidence may be submitted within ten calendar days prior to the denial of the application. The notice shall refer the applicant to free legal services for assistance and permit the applicant to request extensions of time, as necessary. If the applicant does not respond, the application shall be denied on the eleventh calendar day or the first work day following the eleventh calendar day if the tenth calendar day fell on a weekend or a holiday. Additional medical evidence submitted within ten calendar days, or not submitted within ten calendar days but is submitted before a disposition is made shall be reviewed by the appropriate medical or psychiatric board.

§17-659-14, Requirements for a dependent adult. This section is amended for clarity.

§17-659-16, Work requirements for the dependent adult. This section is amended for clarity.

§17-659-18, Determination of good cause for a dependent adult subject to work requirements. This section is amended for clarity.

§17-659-19, Determination of misconduct for a dependent adult subject to work requirements. This section is amended for clarity.

§17-659-29, Periods of disqualification and exclusion. This section is amended for clarity.

§17-659-37, Definitions. This section is amended by changing all references to “DHS-FASD” to “DHS-BESSD”.

§17-659-43, Conduct of workers. This section is amended for clarity.

§17-659-44, Absences, time-off, and make-up. This section is amended by changing all references to “DOL-ESD” to “DLIR-ESD”.

A public hearing will be held at the following date, time and place:

January 6, 2009, 1:30 p.m.; Haseko Center, Suite 606, Conference Room 1, 820 Mililani Street, Honolulu, Hawaii.

All interested persons are invited to attend the hearing to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five (5) copies shall be made available to the presiding officer at the public hearing or within seven (7) days before the hearing to:

Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813

Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Benefit, Employment and Support Services Section Administration office on the respective islands within seven (7) days before the Honolulu hearing date to have their testimony recorded:

East Hawaii Section Administrator
1900 Kinoole Street, Suite 111
Hilo, HI (981-7288)

West Hawaii Section Administrator
75-5722 Hanama Place, Room 1105
Kailua-Kona, HI (327-4765);

Kauai Section Administrator
Dynasty Court
4473 Pahee Street, Suite G
Lihue, HI (241-3663);

Maui Section Administrator
1955 Main Street, Suite #325
Wailuku, HI (243-5875);

Molokai Income Maintenance Unit
Kaunakakai Civic Center, Phase 2
55 Makaena Place, Room 1
Kaunakakai, HI (553-1715)

A copy of the proposed rules will be mailed at NO COST to any interested person requesting a copy by writing to:

Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813

or by calling 586-5230. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Benefit, Employment and Support Services Division office during regular business days and hours.

Proposed rules are available on the internet at www.hawaii.gov/ltgov/office/adminrules

Special accommodations (i.e., Sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5230. Neighbor island residents needing special accommodations should contact the Benefit, Employment and Support Services Section Administration office on the respective islands with their requests.