CHAPTER 346D
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/hi/346dA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAPTER 346D
[LONG-TERM CARE]
Section
346D-1 Definitions
346D-1.5 Medicaid reimbursement equity
346D-2 Establishment of medicaid home and community-based
waiver programs
346D-3 Determination of eligibility for participation in a
waiver program
346D-4 Provision of services
346D-4.5 Needs allowance; waiver program individuals
346D-5, 6 Repealed
346D-7 Rules
346D-8 Personnel exempt
Note
Long-term care policy goals and guidelines. L 2008, c 224, §§2, 3.
"Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 156; L 2013, c 142; L 2014, c 124; L 2015, c 69", as shown in the main volume, deleted.
Cross References
Coordination and development of caregiver support services, see §349-15.
Dependent elder abuse; suits by the State; civil penalties, see §28-94.
Nursing facility sustainability program, see chapter 346F.
Law Journals and Reviews
Long-Term Care in Hawaii. 18 HBJ, no. 13, at 59 (2015).
Implementing Olmstead v. L.C.: Defining "Effectively Working" Plans for "Reasonably Paced" Wait Lists for Medicaid Home and Community-Based Services Waiver Programs. 23 UH L. Rev. 731 (2001).
Case Notes
Where plaintiffs challenged State's administration of its medicaid home and community based services for the developmentally disabled or mentally retarded program (HCBS-MR), defendants' motion for partial summary judgment granted to extent it covered
(1)plaintiffs' claim that defendants violated "reasonable promptness" provision of the medicaid statute, 42 U.S.C. §1396a(a)(8), by denying plaintiffs HCBS-MR services, as to filled slots; and
(2)plaintiffs' claims based on 42 U.S.C. §1396n(c)(2)(A) or
(C)since plaintiffs were not entitled to HCBS-MR services under the medicaid statute once slots were filled by other eligible individuals. 114 F. Supp. 2d 1017 (1999).