STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
MED-QUEST 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 proposed amendments to and repeal of existing rules and the adoption of new rules of the Med-QUEST Division for the purpose of conforming to State and Federal Statutes.
The proposed amendments are based on State and Federal laws. Brief descriptions of the proposed changes are listed below.
CHAPTER 17-1724- INCOME
§17-1724-10, Earned income from self-employment. This section has been amended to comply with the definition of self-employment as defined by the Internal Revenue Service. Subsection (a) is amended to clarify that only ordinary and necessary business expenses shall be deducted from the amount received from the sale of goods or services. Subsection (b) is amended to clarify that only verified documentation of business expenses shall be allowed as deductions from the monthly gross self-employment income. Subsection (c) is amended to clarify what types of expenses are not allowed from the monthly gross self-employment income. Subsection (d) is amended to define persons who are considered self-employed. Subsection (e) is amended to define that persons who do not meet the self-employment requirements shall have the monthly gross income considered as the monthly earned income.
CHAPTER 17-1737 SCOPE AND CONTENTS OF THE FEE FOR SERVICE MEDICAL ASSISTANCE PROGRAM
§17-1737-33, Preadmission screening and annual resident review (PASARR). The title is amended to read Preadmission screening and resident review (PASRR). The word annual is removed. Paragraphs (3) and (4) are deleted and replaced with a new paragraph (3) as annual resident reviews for nursing facilities under the Medicaid program is no longer a requirement. Federal regulations now require resident reviews for an individual who has mental illness or mental retardation when there is a significant change in physical or mental condition. Notification to the appropriate State authority shall be made within twenty-one days when there is a significant change in the physical or mental condition of a resident.
§17-1737-34, Utilization control NFs. Under subsection (b), paragraph (5), subparagraphs (A), (B), and (G) are amended to clarify that the training program applies specifically to the nurse aide training and competency evaluation program and that the State will certify such programs. Subparagraph (C) is amended to correct a typographical error from provider to provide and to clarify the entity to mean a nursing facility. Paragraph (6) is deleted as annual resident reviews for nursing facilities under the Medicaid program is no longer a requirement.
Subchapter 4.1, Nurse Aide Training and Competency Evaluation Program. This new subchapter is adopted to meet the minimum Federal requirements to establish a single, statewide curriculum with clear scope and specific criteria to allow State certification for non-facility based and facility based nurse aide training and competency evaluation programs.
A public hearing will be held at the following time and place:
Monday, April 30, 2007, 1:30 p.m., Liliuokalani Building, 1390 Miller Street, Honolulu, Hawaii, Conference Rooms 1 & 2.
All interested parties are invited to attend the hearing and to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five copies shall be made available to the presiding officer at or before the public hearing to:
Department of Human Services
Med-QUEST Division
P. O. Box 700190
Kapolei, Hawaii 96709-0190
Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Med-QUEST Division on the respective islands within seven days before the Honolulu hearing date to have their testimony recorded:
East Hawaii Section
88 Kanoelehua Avenue, Room 107
Hilo, Hawaii 96720 (933-0339)
West Hawaii Section
Lanihau Professional Center
75-5591 Palani Road, Ste. 3004
Kailua-Kona, Hawaii 96740 (327-4970)
Kauai Section
4473 Pahee Street, Suite A
Lihue, Hawaii 96766 (241-3575)
Maui Section
210 Imi Kala Street, Suite 101
Wailuku, Hawaii 96793 (243-5780)
Molokai Section
State Civic Center
65 Makaena Street, Room 110
Kaunakakai, Hawaii 96748 (553-1758)
Lanai Unit
Call toll free 1-800-894-5755
A copy of the proposed rules will be mailed at NO COST to any interested person by requesting a copy by writing to:
Department of Human Services
Med-QUEST Division
P. O. Box 700190
Kapolei, Hawaii 96709-0190
or by calling 692-8132. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Med-QUEST Division Sections as noted above.
A copy of the proposed rule changes will be available for public viewing from the first working day that the legal notice appears in the Honolulu Star Bulletin, The Honolulu Advertiser, Hawaii Tribune Herald, West Hawaii Today, The Maui News, and The Garden Island, through the day the public hearing is held, from Monday – Friday between the hours of 7:45 a.m. to 4:30 p.m. at the appropriate Med-QUEST Division offices on their respective islands listed above. On Oahu, the proposed rules will be available at 601 Kamokila Boulevard, Room 518, Kapolei, Hawaii 96707 or 801 Dillingham Boulevard, 3rd Floor, Honolulu, Hawaii 96817.
Proposed rules are also available at the Virtual Rules Center located at the following website:
www.hawaii.gov/dhs/main/har/
Special accommodations (i.e. Sign Language Interpreter, large print, taped materials, or accessible parking) can be made, if requested at least seven (7) working days before the scheduled public hearing on Oahu by calling 692-8132. Neighbor island residents needing special accommodations should contact the Med-QUEST Division Sections on the respective islands with their requests.
DEPARTMENT OF HUMAN SERVICES
(SB05528316 3/30/07) LILLIAN B. KOLLER, DIRECTOR
