Section 17-656.1-10.1 - Participation requirements for individuals with a disability(a) An individual who claims a disability due to a physical or mental impairment, which prevents the individual from complying with the work requirements, shall provide the department with a current medical report to substantiate the claim.(b) The department shall not be held liable for the cost of obtaining a current medical report, except when the individual is a current recipient of medical assistance through the department.(c) When a current medical report is submitted to the department to substantiate a claim made pursuant to subsection (a), the report shall be reviewed by a board of licensed physicians, or a board of licensed psychologists and physicians whose specialty is in psychiatry, for a determination and certification of physical or mental impairment. (1) A determination and certification of physical impairment shall only be made by a board of licensed physicians.(2) A determination and certification of mental impairment shall only be made by a board of licensed psychologists or licensed physicians whose specialty is in psychiatry.(3) The director shall appoint licensed physicians or licensed psychologists to serve as members of the medical or psychiatric board. The department shall provide appointed board members a contract to pay for board services for the period of the appointment, unless otherwise specified.(4) A minimum of three members of each board must participate in the review of a disability.(5) A minimum of two board members must agree on each determination and certification of physical or mental impairment.(d) When the medical board determines and certifies that an individual has a physical or mental impairment, the medical board shall also determine the appropriate treatment services, vocational rehabilitation activities or employment activities that the individual can be reasonably expected to engage in. If employment is recommended, the board shall specify the type of employment and the maximum number of hours that the individual can be expected to work per week.(e) When a disabled individual refuses or fails to participate in treatment services, vocational rehabilitation activities, or employment activities specified by the medical board, without good cause, the entire household shall be sanctioned as follows: (1) For the first such failure to comply, until the failure to comply ceases;(2) For the second such failure to comply, until the failure to comply ceases, or two months, whichever is longer; and(3) For any subsequent failure to comply, until the failure to comply ceases, or three months, whichever is longer.(f) In order to determine the appropriate sanction period, the individual's entire sanction history under the TANF program shall be taken into consideration.(g) Prior to imposing a sanction under subsection (e), the department shall determine whether the individual had good cause as specified in section 17-794.1-40; provided that an individual's mental or physical impairment for which a determination of disability is being granted shall not be the basis to claim good cause, unless the individual can substantiate with medical documentation that the individual was receiving medical treatment for an acute problem related to his or her mental or physical impairment or for an unrelated mental or physical illness.(h) For the purpose of determining that an individual's failure to comply has ceased, the individual shall: (1) Participate in the treatment service, vocational rehabilitation activity, or employment activity that was previously not complied with for a two week period; or(2) Accept full-time employment and actually work for a minimum of two weeks.Haw. Code R. § 17-656.1-10.1
[Eff 10/18/01; am and comp 1/2 0/05; am 1/17/08; am and comp 6/26/09] (Auth: HRS § 346-14) (Imp: 42 U.S.C. §§601, 602, 607; 45 C.F.R. §§261.10 through 261.16; HRS § 346-14)