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 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 17-1711 – APPLICATION PROCESSING REQUIREMENTS

The Department amended the Hawaii Administrative Rules in Title 17, Subtitle 12 effective January 31, 2009, to change the length of the medical assistance retroactive coverage period to thirty days. Provisions of the American Recovery and Reinvestment Act of 2009 (ARRA), also known as the Economic Stimulus Act, provide additional Medicaid funds through an increase in the Federal Medicaid Assistance Percentage (FMAP). The increased FMAP is available on the condition that the Department did not implement more restrictive eligibility requirements on and after July 1, 2008. The change in the retroactive period is considered a restrictive action, so the Department must reinstate the retroactive coverage period to what was in effect prior to July 1, 2008, to qualify for the increased FMAP under ARRA, retroactive to October 1, 2008. Restoration of the eligibility requirement will result in the approval to receive approximately $320 million in additional federal funds for the period from October 1, 2008 through December 31, 2010.

1. §17-1711-10, Application for retroactive medical assistance. This section is amended to restore retroactive medical assistance to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department. The request for retroactive medical assistance may be included on the application, or submitted on a separate written request.

2. §17-1721.1-19, Effective date of enrollment. Subsection (a) (2) is amended to restore retroactive medical assistance to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department.

3. §17-1722-20, Provision of coverage. This section is amended to restore coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department for an individual applying as a Specified Low Income Medicare Beneficiary.

4. §17-1722-29, Effective date of coverage. This section is amended to restore coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department for an individual applying as a Qualified and Disabled Working Individual.

5. §17-1722-74, Effective date of coverage. This section is amended to restore coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department for an individual applying as a Qualifying Individual.

6. §17-1722-82, Effective date of coverage. This section is amended to restore coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department for an individual applying as a disabled child who lost SSI benefits due to the PRWORA.

7. §17-1723-6, Limitations of coverage. This section is amended to restore the effective date of coverage for medical assistance for aliens limited to coverage of only emergency medical services, and to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department.

8. §17-1727-25, Coverage of QUEST eligibles prior to the date of enrollment. Subsection (b) is amended to restore the retroactive coverage for QUEST eligibles to be the date on which appropriate emergency room or hospital expenses were incurred and which is within the immediate five calendar days prior to the date the application is received by the Department.

9. §17-1730-28, Effective date of eligibility. Subsection (a) is amended to restore the effective date of coverage for applicants applying for the QUEST Spenddown program to be the date on which appropriate emergency room hospital expenses were incurred and which is within the immediate five calendar days prior to the date the application is received by the Department. Subsection (b) is amended to state that the effective date of coverage for a QUEST-Net recipients eligible for dual coverage to begin no earlier than the first day of the three month prior to the month in which the application is received by the Department to the request for coverage by the QUEST Spenddown program or the effective date of QUEST-Net eligibility.

10. §17-1732-16, Effective date of coverage. This section is amended to restore the retroactive coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department.

11. §17-1733-17, Effective date of coverage. This section is amended to restore the retroactive coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department.

12. §17-1734-17, Effective date of coverage. This section is amended to restore the retroactive coverage to begin no earlier than the first day of the three months prior to the month in which the application is received by the Department.

13. §17-1735-5, Effective date of authorization. Subsection (a) is amended to restore the effective date of eligibility in the month of application to the first day of the month. Subsection (b) is amended to restore the retroactive period to be no earlier than the first day of the three months prior to the month in which the application is received by the Department.

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

Tuesday, May 26, 2009, 1:30 p.m., Liliuokalani Building, 1390 Miller Street, 2nd Floor Conference Rooms, Honolulu, Hawaii.

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 (5) 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 no earlier than seven (7) 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 and 801 Dillingham Boulevard, 3rd Floor, Honolulu, Hawaii 96817.

Proposed rules are also available at the Virtual Rules Center located at the following website:

http://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.