Section 17-1720-18 - Home and Community Based Services (HCBS(a) The participating health plan is not required to provide HCBS to an enrollee if: (1) The enrollee chooses institutional services;(2) The enrollee cannot be served safely in the community;(3) There are no adequate or appropriate providers for needed services; or(4) The cost of providing services in the home or community setting is expected to exceed the cost of providing care in an institution.(b) The health plan must receive prior approval from the department or its designee prior to disapproving a request for HCBS.(c) An enrollee must meet one of the following level of care criteria to receive home and community based services: (1) At risk of deteriorating to institutional level of care; or(2) At institutional level of care.(d) The health plan shall provide HCBS services which minimally include, but are not limited to, the following and may require prior authorization: (1) Adult day care services provided by a licensed facility maintained and operated by an enrollee, organization, or agency for the purpose of providing regular supportive care to four or more disabled adult participants, with or without charging a fee. Adult day care services include therapeutic, social, educational, recreational, and other activities. Adult day care staff members may not perform healthcare related services such as medication administration, tube feedings, and other activities which require healthcare related training;(2) Adult day health services provided by an organized program of therapeutic, social and health activities and services provided to enrollees with functional impairments, for the purpose of restoring or maintaining the enrollee's optimal capacity for self-care. Adult day health facilities are licensed in accordance with chapter 11-96 and subchapter 2 of chapter 11-94.1;(3) Home delivered meals that are nutritionally sound and delivered to a location where the enrollee resides (excluding residential or institutional settings). The meals will not replace or substitute for a full day's nutritional regimen, no more than two meals per day. Home delivered meals are provided to an enrollee who cannot prepare nutritionally sound meals without assistance and are determined, through an assessment, to require the service in order to remain independent in the community and to prevent institutionalization;(4) Personal assistance services - Level I are provided to enrollees requiring assistance with instrumental activities of daily living in order to prevent a decline in the health status and maintain enrollees safely in their home and communities. These services are primarily companion or home maker/chore services. The services are for the Medicaid beneficiary, not for other members of the household;(5) Personal assistance services - Level II are provided to enrollees requiring assistance with moderate/substantial to total assistance to perform activities of daily living and health maintenance activities.(6) Personal emergency response system that is an electronic system placed in homes of high risk enrollees who live alone or are alone significant parts of the day, have no regular caregiver for extended periods of time, and who would otherwise require extensive routine supervision, to enable them to secure immediate help in the event of a physical, emotional, or environmental emergency; and(7) Skilled nursing services are provided to enrollees requiring ongoing nursing care (in contrast to home health or part time, intermittent skilled nursing services). The service is provided by licensed nurses as described in chapter 16-89.(e) The health plan shall provide the following services which minimally include, but are not limited to, the following and require prior authorization: (1) The services included in subsection (d);(2) Assisted living services that include personal care and supportive care services (such as homemaker services, chore services, attendant services, and meal preparation) that are furnished to enrollees who reside in an assisted living facility. Payment for room and board is prohibited;(3) Community care foster family home services provided in a home that is certified by the department to provide, for a fee, twenty-four hour living accommodations, including personal care, supportive services (such as homemaker services, chore services and attendant care and companion services) and medication oversight (to the extent permitted under State law). Services shall be provided in a certified private home by a principal care provider who lives in the home for not more than three adults at any one time, at least two of whom shall be Medicaid recipients, and all of whom are at nursing facility level of care, are unrelated to the foster family, and are being monitored in the home by a licensed community case management agency. It does not include expanded adult residential care homes and assisted living facilities, which shall continue to be licensed by the department of health;(4) Community Care Management Agency (CCMA) services are provided to enrollees living in Community Care Foster Family Homes and other community settings. The following activities are provided by a CCMA: continuous and ongoing nurse delegation to the caregiver in accordance with subchapter 15 of chapter 16-89; initial and ongoing assessments to make recommendations to health plans for, at a minimum, indicated services, supplies, and equipment needs of enrollees; ongoing face-to-face monitoring and implementation of the enrollee's care plan; and interaction with the caregiver on adverse effects and changes in condition of enrollees, or both. CCMAs shall: communicate with an enrollee's physician(s) regarding the enrollee's needs including changes in medication and treatment orders; work with families regarding service needs of enrollees and serve as an advocate for their enrollees; and be accessible to the enrollee's caregiver twenty-four hours a day, seven days a week;(5) Counseling and training services that involve counseling for the enrollee, family or caregiver, and professional and paraprofessional caregivers to provide the necessary support to build and enhance coping skills, as well as training that may include, but not limited to, enrollee care training for enrollees, family and caregivers regarding the nature of the disease and the disease process; methods of transmission and infection control measures; biological, psychological care and special treatment needs-regimens; employer training for consumer directed services; instruction about the treatment regimens; use of equipment specified in the service plan; employer skills updates as necessary to safely maintain the enrollee at home; crisis intervention; supportive counseling; family therapy; suicide risk assessments and intervention; death and dying counseling; anticipatory grief counseling; substance abuse counseling; and nutritional assessment and counseling;(6) Environmental accessibility adaptations that are changes to the enrollee's living environment, but not including community care foster family homes and expanded adult residential care homes (E-ARCH), to promote safety or facilitate the enrollee's self-reliance by enabling the enrollee to perform basic activities of daily living. Modifications may include installation of ramps and handrails, widening of doorways, removal of other architectural barriers, bathroom modifications, electrical, plumbing or air conditioners and modifications to the telephone system which enable the enrollee to function with greater independence in the home, and without which the enrollee would require institutionalization. Window air conditioners may be installed when it is necessary for the health and safety of the enrollee. Excluded are those adaptations or improvements to the home that are of general utility, and are not direct medical or remedial services to the enrollee, such as carpeting, roof repair, central air conditioning, etc. Adaptations which add to the total square footage of the home are excluded from these services. All services shall be provided in accordance with applicable State or local building codes;(7) Home maintenance that is a service necessary to maintain a safe, clean and sanitary environment. Home maintenance services are those services not included as a part of personal assistance and include heavy duty-cleaning, which is utilized only to bring a home up to acceptable standards of cleanliness at the inception of service to an enrollee, minor repairs to essential appliances limited to stoves, refrigerators, and water heaters, and fumigation or extermination services. Home maintenance is provided to an enrollee who cannot perform cleaning and minor repairs without assistance and are determined, through an assessment, to require the service in order to prevent institutionalization;(8) Moving assistance that is provided in rare instances when it is determined through an assessment that an enrollee needs to relocate to a new home. The following are the circumstances under which moving assistance can be provided to an enrollee: unsafe home due to deterioration; the enrollee is wheel-chair bound living in a building with no elevator; multi-story building with no elevator, where the enrollee lives above the first floor; enrollee is evicted from their current living environment; or the enrollee is no longer able to afford the home due to a rent increase. Moving expenses include packing and moving of belongings. Whenever possible, family, landlord, community and third party resources who can provide this service without charge will be utilized;(9) Non-medical transportation that is the necessary transportation provided to and from facilities, resources, and appointments in order for the enrollee to receive the services included in the plan of care;(10) Residential care services are personal care services, homemaker, chore, attendant care and companion services, and medication oversight (to the extent permitted by law) provided in a licensed private home by a principle care provider who lives in the home. Residential care is furnished in a: (A) Type I Expanded Adult Residential Care Home (EARCH), allowing not more than five residents provided that up to six residents may be allowed at the discretion of the department to live in a Type I home with not more than two of whom may be at a nursing facility level of care (NF LOC); or(B) Type II EARCH, allowing six or more residents, no more than twenty percent of the home's licensed capacity may be enrollees meeting a NF LOC who receive these services in conjunction with residing in the home;(11) Respite care services are provided to enrollees unable to care for themselves and are furnished on a short-term basis because of the absence of or need for relief for those persons normally providing the care. Respite may be provided at three (3) different levels: hourly, daily, and overnight; and(12) Specialized medical equipment and supplies, including the purchase, rental, lease, warranty costs, installation, repairs and removal of devices, controls, or appliances, specified in a plan of care, that enable an enrollee to increase or maintain their abilities to perform activities of daily living, or to perceive, control, participate in, or communicate with the environment in which they live. Haw. Code R. § 17-1720-18
[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §430.25) (Imp: HRS § 346-14; 42 C.F.R. §430.25)