Haw. Code R. § 17-678-2

Current through November, 2024
Section 17-678-2 - Definitions

As used in this chapter:

"Average monthly payment" means the average monthly expenditure amount in the State fiscal year. This is calculated for the current month by totaling all expenditures up to the current month and dividing it by the number of months in which payments were made in the fiscal year beginning with July.

"Bedholding" means the holding or reserving of a space in a domiciliary care home for no more than thirty days to enable an individual, who will be temporarily away from the facility, to return to the same facility.

"Domiciliary care home" means any facility which provides twenty-four hour living accommodations, personal care services, and appropriate health care, as needed, to adults unable to care for themselves by persons unrelated to the recipient or applicant. The facility shall be licensed or regulated by the department of health. Any home that is issued a certificate of approval by a case management agency contracted by any of the department's home and community-based medicaid waiver programs shall not be considered a domiciliary care home. A domiciliary care home does not provide rehabilitative treatment services provided by special treatment facilities. There are two types of domiciliary care homes:

(1) Type I home for five or less residents; and

(2) Type II home for six or more residents.

"Household appliance" means a refrigerator or range owned by the recipient.

"Long-term care facility" means a medical institution such as a skilled nursing facility, intermediate care facility, intermediate care facility for the mentally retarded, or any combination thereof, that furnishes health care services to inpatients for the mentally retarded, or any combination thereof, that furnishes health care services to inpatients.

"Medical institution" means an institution which:

(1) Is organized to provide medical care, including nursing and convalescent care;

(2) Has the necessary professional personnel, equipment, and facilities to manage the medical, nursing, and other health needs of the patients on a continuing basis in accordance with accepted standards;

(3) Is authorized under State law to provide medical care; and

(4) Is staffed by professional personnel who have clear and definite responsibility to the institution in the provision of professional medical and nursing services including adequate and continual medical care and supervision by a physician; sufficient registered nurse or licensed practical nurse supervision and services and nurse aid services to meet nursing care needs; and appropriate guidance by a physician on the professional aspects of operating the facility.

"Natural disaster" means fire, flood, earthquake, typhoon, hurricane, volcanic eruption, seismic wave, or tsunami.

"Residential treatment facility" means a facility which provides twenty-four hour living accommodations, treatment, and rehabilitation to two or more persons who are alcohol or drug abusers, mentally ill, or socially or emotionally distressed persons. A residential treatment facility shall not be considered a domiciliary care home.

"Special circumstance allowance" means rental deposits, utility deposits, repair or replacement of household appliance, standardized allowance for general assistance recipients assigned to a temporary labor force assignment, or natural disaster allowance.

"State fiscal year" means the calendar months of July 1 through the following June 30.

Haw. Code R. § 17-678-2

[Eff 03/19/93; am 2/28/99; am 01/22/02; am 12/29/05] (Auth: HRS § 346-53) (Imp: HRS § 346-53)