Section 17-1418-6 - Authorization of payments(a) Monthly state supplemental payments for special care needs individuals shall be authorized for individuals who require higher than level of care III care and who, as determined by the department, meet the following conditions: (1) The individual shall be a resident of an adult domiciliary care home who at initial placement was appropriately evaluated as needing level of care I, II, or III;(2) The individual's condition has deteriorated following initial placement into domiciliary care and the individual has been identified as a level of care III resident certified by a physician as needing care in a nursing facility; and(3) The individual is put on a waiting list for placement in a nursing facility.(4) Exception: An individual approved for special care needs payments prior to July 19, 1982 and who does not meet the requirements of this subsection shall be exempt from meeting the requirements as long as the individual remains in the home in which the individual was first assessed as having special care needs. However, all of the requirements of this subsection shall be met when the following occurs: (A) The individual transfers to another domiciliary care facility; or(B) The individual is temporarily admitted to a medical facility for treatment and is discharged to the same home the individual resided in prior to entering the medical facility.(b) The department shall authorize state supplemental payments on a full-month basis except when an individual is transferred within the month to another domiciliary care home. The department shall prorate state supplemental payments to meet the individual's needs in both homes.(c) A full month payment shall be made by the department for an eligible individual who is temporarily admitted to a medical facility for treatment or who goes home on a trial basis, on overnight visits or on an emergency. The individual's absence from the domiciliary care home cannot exceed thirty days at any one time. In addition: (1) The individual approved for special care needs payments after July 19, 1982 who is temporarily admitted to a medical facility shall: (A) Continue to have need for more than domiciliary care upon discharge from the medical facility; and(B) Return to the same domiciliary care home the individual resided in prior to entering the medical facility because a vacancy in a more appropriate higher level facility is not available; or(2) The individual who was approved for special care needs payments prior to July 19, 1982 and who does not meet the requirements of subsection (a) shall be discharged to the same domiciliary care home the individual resided in prior to being temporarily admitted to a medical facility.(d) State supplemental payments shall be payable by cash payments to the individual or legal guardian.(e) State supplemental payments for special care needs to individuals in domiciliary care homes shall not in any case exceed the amount appropriated by the state legislature. The eligibility period for the special care state supplemental payment is effective July 1, 1980. An individual who was placed after July 1, 1980 shall receive special care needs payments effective from the month the department determines the individual to be a special care needs individual and through the month the department revokes the special care need determination.(f) Effective October 1, 2002, state supplemental payments will not be approved for new recipients.(g) Individuals approved to receive state supplemental payments prior to October 1, 2002, may continue to receive their payments. The conditions of subsections (a) through (e) shall continue to be applied to and met by individuals receiving payments under this subsection.[Eff 6/29/92; am and comp 4/17/95; am and comp 12/5/97, am and comp 1/23/03] (Auth: HRS §§ 346-14, 346-53) (Imp: HRS §§ 346-14, 346-53)