The following is a copy of the Notice of Public Hearing on the proposed changes to Hawaii’s Medicaid rules found in Hawaii Administrative Rules. The public hearing is scheduled for July 28, 2009. Many of the proposed changes are required by the Deficit Reduction Act of 2005, which was signed into law by President Bush on February 8, 2006. The Notice of Public Hearing gives a nice brief summary of Medicaid for long-term care services and of each of the new sections which are being proposed. – Sanford K. Okura
Notice of Public Hearing – click to view PDF
The following is a copy of the proposed changes to the Hawaii Administrative Rules dealing with Medicaid for long-term care services. The Hawaii Department of Human Services proposes to repeal Section 17-1721-45, which deals with assets which have been given away by a person applying for Medicaid assistance to pay nursing home costs. Parts of the repealed section which are still relevant are incorporated into the new proposed Subchapter 8. The new proposed Subchapter 8 also includes other changes in rules which are required by the Deficit Reduction Act of 2005, which was signed into law by President Bush on February 8, 2009. The State of Hawaii has not yet implemented the changes in the federal Medicaid laws which were supposed to be effective from February 8, 2009. The long awaited Hawaii Medicaid rule changes are now coming up for public hearing on July 28, 2009. Once these proposed rules are adopted, they will make it more difficult for a person to give away assets and then qualify for Medicaid for nursing home costs. However, with proper planning, there still are ways that assets can be protected from Medicaid liens and nursing home costs. – Sanford K. Okura
DHS Proposed Rule Change – click to view PDF