Hawaii House Bill HB1731

Hawaii 2026 Regular Session

• Introduced: 1/21/26
• Refer: 1/26/26
• Report Pass: 2/17/26
• Refer: 2/17/26

Caption

RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.

Summary

HB1731 amends Hawaii law governing community care foster family homes to clarify that adults with intellectual and developmental disabilities who meet an intermediate care facility or nursing facility level of care may live in these licensed homes even if they are enrolled in the Medicaid 1915(c) HCBS I/DD waiver or the Medicaid section 1115 demonstration waiver. The bill’s stated purpose is to prevent people from being forced to disenroll from one waiver and move to another in order to access this residential setting, which lawmakers describe as a barrier to continuity of care and choice of residence. The bill also directs the Department of Health to adopt and administer rules for certification, renewal, monitoring, grievance procedures, caregiver qualifications, and background checks for community care foster family homes. It preserves the existing framework limiting these homes to three clients and sets standards for primary and substitute caregivers, including age, training, experience, and absence limits. In addition, it requires the department to provide technical assistance and training and to coordinate with Med-QUEST and other agencies so waiver language, provider qualifications, and payment models can support this housing option.

Impact

If enacted, HB1731 would amend section 321-483, Hawaii Revised Statutes, to expressly prohibit denial of residency in a certified community care foster family home solely because a person is disabled or enrolled in a particular Medicaid waiver. It would therefore affect eligibility rules for individuals with intellectual and developmental disabilities and would likely require coordination among the Department of Health, Med-QUEST, case management agencies, and foster home operators to align licensing and waiver administration. The bill also reinforces the regulatory structure for certification, inspection, suspension, and revocation of these homes, while leaving the existing care and staffing standards largely intact.

Sentiment

The available legislative context suggests generally favorable sentiment toward the bill. It passed second reading as amended in the House with no recorded opposition and no votes in reservation, indicating broad support at that stage. The bill’s findings and report title frame it as a housing access and continuity-of-care measure for people with intellectual and developmental disabilities, which appears to have been received positively by lawmakers advancing it to the Finance Committee.

Contention

The main policy issue underlying the bill is the interaction between community care foster family home eligibility and Medicaid waiver enrollment. Supporters appear to view the current requirement to switch from the HCBS I/DD waiver to the section 1115 waiver as disruptive and unnecessarily restrictive. The bill addresses concerns about discrimination, continuity of services, and the right to choose a home-like residential setting. Any remaining contention is likely to center on administrative implementation, including how waiver rules, provider qualifications, and payment models will be aligned, rather than on the core policy of allowing waiver participants to reside in these homes.