Endnotes

  

1. Diane  Justice,  et   al.,   State   Long  Term  Care  Reform:
   Development of Community Care  Systems in Six States, National
   Governors'  Association  Center  for  Policy  Research, Health
   Policy Studies, Washington, D.C., April 1988, p. 90.

2. Alice M. Rivlin and Joshua  M. Wiener, Caring for the Disabled
   Elderly:  Who  Will  Pay?,  (Washington,  D.C.:  The Brookings
   Institute) 1988, p. 9.

3. Hawaii, Long Term Care Plan For Hawaii's Older Adults,
   Executive Office on Aging, Office of the Governor, July, 1988,
   (hereafter "Hawaii's Older Adults") p. 14.

4. Ibid., p. 19.

5. Indiana, Long-Term Care and the Elderly, Evaluation Audit,
   Indiana Legislative Services Agency, May 1990, (hereafter
   referred to as "Indiana 1990"), p. 46.

6. Hawaii's Older Adults, p. 9.

7. Indiana 1990, p. 55.

8. Theodore H. Koff, New Approaches to Health Care for an Aging
   Population: Developing a Continuum of Chronic Care Services,
   Jossey-Bass Inc., Publishers, 350 Sansome Street, San
   Francisco, California 94104, 1988, pp. 166-167.  [Koff is
   Director of the Arizona Long-Term Care Gerontology Center,
   Director of Public Sector Programs, and Professor of
   Management and Policy at the University of Arizona in Tucson.]

9. Material on "consolidated," "umbrella," and "cabinet" models
   from Justice, et al., p. iii.

10.Indiana 1990, p. 42.

11.Ibid.

12.Op. cit., pp. 39 & 60.

13.Ibid.

14.Koff, p. 166.

15.Diane E. Justice, "What States are Doing to Help Elderly," in
   State Government News, Council of State Governments, vol. 32,
   no. 3, March, 1989, p. 24.

16.Koff, p. vii.

17.Justice et al., p. iii.

18.Op. cit., p. iv.

19.Op. cit., p. 68.

20.Op. cit., pp. ix-x.

21.Op. cit., p. 87.

22.Op. cit., p. 90, citing Laura Hines Iverson, A Description and
   Analysis of State Pre-Admission Screening Programs,
   Interstudy, 1986.

23.Justice, et al., p. 90.

24.Op. cit., p. 69.

25.Op. cit., p. 87.

26.Op. cit., p. 90.

27.Op. cit., p. 91.

28.Indiana 1990, p. 16, citing U. S. Congress, Long-Term Care and
   Personal Impoverishment: Seven in  Ten Elderly Living Alone at
   Risk,   Select   Committee   on    Aging,   U. S.   House   of
   Representatives, October, 1987.

29.Justice, et al., p. 91.

30.American Association of Retired Persons, "Medicaid and Long-
   Term Care for Older People," Public Policy Institute, fact
   sheet FS18R, January, 1995, Figure 2 "Sources of Nursing Home
   Payments, 1993."

31.Brason Lee, State Long-Term Care System: Region IX Profile,
   American Association of Retired Persons, Public Policy
   Institute, Center on Elderly People Living Alone, 1992, p. 39.

32.Ibid.

33.AARP fact sheet FS18R.

34.American Association of Retired Persons, "Home and Community-
   Based Long-Term Care," Public Policy Institute, fact sheet
   FS13R, May, 1994.

35.AARP fact sheet FS18R.

36.Lee, pp. 10-11.

37.Ibid.

38.Justice article, p. 25, citing Michael H. McCabe, Long-Term
   Care for the Elderly: The Search for Solutions, The Council of
   State Governments, 1989.

39.Ken Dychtwald and Joe Flower, "Calling a Truce in the Age
   Wars," in State Government News, Council of State Governments,
   vol. 32, no. 3, March, 1989, p. 8.

40.Justice article, p. 25.

41.Justice, et al., p. 91 & 93.

42.Koff, pp. 167-168.

43.AARP fact sheet FS13R.

44.Justice article, p. 24.

45.Indiana 1990, p. 19.

46.The Indiana Legislative  Services  Agency  also cited the 1984
   National Health Interview  Survey  by  the National Center for
   Health Statistics  which  reported  that  the  ADLs posing the
   greatest  difficulties  were  walking,  getting  outside,  and
   bathing.

47.Koff, p. 168.

48.Justice, et al., p. 76.

49.Koff, p. 169.

50.Ibid., p. 167.

51.Ibid., pp. 167-168.

52.Telephone interview of October 3, 1995 with John Lorimer,
   Director, Bureau of Long Term Support, (Community Options
   Program), Wisconsin Department of Health and Social Services,
   608-267-7284.

53.Lorimer interview.  It was also pointed out that one county
   insisted on having an attorney as part of the assessment team.

54.Justice, et al., pp. 76-77.

55.Lorimer interview.

56.Hawaii's Older Adults, pp. 8 & 16.

57.Koff, p. 156.

58.Alfred J.  Chiplin,  Jr.,  "The  Older  Americans Act: Current
   Problems and Developments," in  Clearinghouse Review, vol. 23,
   no. 6, October, 1989, pp. 677-678.

59.Lee, pp. 16-17.

60.Koff, p. 154.

61.American Association of  Retired  Persons,  "The Role of Older
   Americans Act  in  Providing  Long-Term  Care,"  Public Policy
   Institute, fact sheet FS12R, November, 1994.

62.Justice, et al., pp. 77 & 85.

63.Ibid., pp. 77-78.

64.Koff, pp. xiii & 18-19.

65.Maryland, Report of the Governor's Commission on Health Care
   Policy and Financing: Joint Recommendations of the Governor's
   Commission and the Committee on Long-Term Care, Governor's
   Commission on Health Care Policy and Financing, vol. V,
   December 20, 1991, (hereafter "Maryland Report"), p. 45.

66.Justice, et al., p. 95.

67.Koff, p. 176.

68.Indiana 1990, p. 57.

69.Ibid.

70.According to Koff, p. 179:    Advocacy on behalf of the client
   is a inherent part of  [case  management], as the staff member
   seeks  the  appropriate  service,  the  funds  to  provide the
   service, and assurance that  the  person will benefit from the
   service provided."

71.Ibid., p. 177, citing J. J. Callahan, Jr., ed., Major Options
   in Long-Term Care (Waltham, Mass.: University Health Policy
   Consortium, Brandeis University) 1979.

72.Ibid., p. 179.

73.Ibid., pp. 177-178.

74.Justice, et al., pp. v & 79.

75.Ibid., p. 68.

76.Ibid., p. v.

77.Ibid., p. 79.

78.Ibid.

79.Ibid., p. 80.

80.Ibid., pp. 80-81.

81.Ibid.

82.Ibid., p. 87.

83.Ibid., pp. 75-76.

84.Ibid., p. 87.

85.Ibid., p. 83.

86.Ibid., pp. 83-86.

87.Ibid., p. 86.

88.American Association  of  Retired  Persons,  "Long-Term Care,"
   Public  Policy  Institute,  Fact   Sheet  FS27R,  April,  1995
   hereafter "AARP Fact Sheet FS27R."

89.Ibid.


90.Indiana, Long-Term  Care  and  the  Elderly, Evaluation Audit,
   Indiana  Legislative  Services  Agency,  May  1990, (hereafter
   "Indiana 1990") p. 22.

91.Diane  Justice,  et   al.,   State   Long  Term  Care  Reform:
   Development of Community Care  Systems in Six States, National
   Governors'  Association  Center  for  Policy  Research, Health
   Policy Studies, Washington, D.C., April 1988, pp. i-ii.

92.Theodore H. Koff, New Approaches  to  Health Care for an Aging
   Population: Developing a  Continuum  of Chronic Care Services,
   (San Francisco: Jossey-Bass) 1988,  p.  17, citing Theodore H.
   Koff,  Long-Term  Care:  An  Approach  to  Serving  the  Frail
   Elderly, (Boston: Little, Brown) 1982, p. 3.

93.AARP Fact Sheet FS27R.

94.Maryland, Report of the  Governor's  Commission on Health Care
   Policy and Financing: Joint  Recommendations of the Governor's
   Commission and  the  Committee  on  Long-Term Care, Governor's
   Commission  on  Health  Care  Policy  and  Financing,  vol. v,
   December 20, 1991, hereafter referred to as "Maryland Report,"
   p. 9.

95.Ibid.,  p.  43,  citing  the  Maryland  Long-Term  Health Care
   Committee's An Inquiry into Maryland's Long-Term Care Needs.

96.Wisconsin, Information: Community  Options Program, Department
   of Health and Social  Services,  Bureau  of Long Term Support,
   no. 103 b, January 27, 1994, p. 1.

97.Justice, et al., p. 68.

98.Ibid., p. 86 citing  Maryland,  Review  and Comparison of Four
   In-Home Service  Programs,  Department  of  Budget  and Fiscal
   Planning, September, 1984.

99.Ibid., p. 86.

100.Ibid., p. 67.

101.Hanns G. Pieper,  The  Nursing  Home  Primer: A Comprehensive
   Guide for Nursing Homes  And  Other Long-Term Care Operations,
   (White Hall, Va.: Betterways Publications) 1989, p. 23.

102.Justice, et al., p. 99.

103.Ibid., p. 110.

104.Ibid., p. 95, and AARP Fact Sheet FS27R.

105.Ibid., p. 95.

106.Brason Lee, State Long-Term  Care  System: Region IX Profile,
   American  Association  of   Retired   Persons,  Public  Policy
   Institute, Center on Elderly People Living Alone, 1992, p. 91.

107.Justice, et al., p. 95.

108.Koff, p. 27.

109.Justice, et al., p. 96.

110.Indiana 1990, p. 27.

111.Koff, pp. 56, et seq.

112.Ibid., p. 84.

113.Ibid., pp. 65-66.

114.Ibid., p. 36 et seq.

115.Indiana 1990, pp. 28-29.   The service continuum was based in
   part on the  Continuum  of  Care  in  Indiana, prepared by the
   State Board of Health,  and  A  Complete Continuum of Care for
   Older Hoosiers, prepared  by  the  Indiana Association of Area
   Agencies on Aging.

116.Maryland Report, pp. 13-14.

117.Justice, et al., p. 97.

118.Ibid., Table V-1 "Major Services Supported by State Community
   Care Programs" p. 98.

119.Pieper, p. 23.

120.Justice, et al., p. 98.

121.Pieper, pp. 14, 18, & 19.

122.AARP Fact Sheet FS27R.

123.American Association of Retired Persons, "Home and Community-
   Based Long-Term  Care,"  Public  Policy  Institute, Fact Sheet
   FS13R, May, 1994.

124.Justice, et al., p. 103.

125.Ibid.

126.Ibid., p. 104.  These  are: (1) Wisconsin's Community Options
   Program; (2) Maine's Home  Based  Care Program; (3) Maryland's
   Gateway III; and  (4)  Oregon's  Project  Independence and the
   waiver program in Oregon.

127.Pieper, p. 27.

128.Justice, et al.,  pp.  104-105:  In  1988, ADCC services cost
   from $20 to $35 a day.

129.Pieper, pp. 27-28.

130.Justice, et al., pp. 105-106.

131.Lee, pp. 90, citing the  U.S. Bipartisan Commission on Health
   Care, 1990.

132.Ibid., pp. 90-91.

133.H. B. No. 337, S.D. 1, Eighteenth Legislature, 1995, State of
   Hawaii; vetoed by the Governor on June 21, 1995.

134.1992 Haw. Sess. Laws, Act 211, section 1.

135.Koff, p. 82.

136.Ibid.

137.Koff, p. 83.

138.H.B.  No.  337,  S.D.  1,  Eighteenth  Legislature,  State of
   Hawaii, 1995.

139.Colorado,   Report   to   the   Colorado   General  Assembly:
   Recommendations for 1990, Legislative  Task Force on Long-Term
   Health Care, research publication  no. 344, December, 1989, p.
   18.

140.Alice M. Rivlin and Joshua M. Wiener, Caring for the Disabled
   Elderly:  Who  Will  Pay?,  (Washington,  D.C.:  The Brookings
   Institute) 1988, pp. 98-99.

141.Ibid., p. 97.

142.Lee, p. 32.

143.H. B. No. 337, S.D. 1, Eighteenth Legislature, 1995, State of
   Hawaii.

144.1992 Haw. Sess. Laws, Act 211, section 1.

145.Ibid.

146.Justice, et al., p. 106.

147.Pieper, p. 14.

148.Justice, et al., p. 107.

149.Ibid., p. 108.

150.Ibid.

151.Jan Ferris, "Trained  in  Care"  Honolulu Advertiser, October
   26, 1995.

152.1995 Haw. Sess. Laws, Act 70.

153.1994 Haw. Sess. Laws, Act 165.  The MWDP was extended for two
   more years until June 30,  1998  by  1995 Haw. Sess. Laws, Act
   65.

154.Ferris article.

155.Telephone  interview,  September  7,  1995  with  Dr.  Cullen
   Hayashida, Assistant Administrator, Maluhia Hospital.

156.Lee, p. 71.

157.According to  Koff,  p.  11,  citing  J. Firshein, "Geriatric
   Evaluation  Units  Found  to  Benefit  Elderly  Patients,"  in
   Hospitals, 1985, vol. 59, no. 3,  p. 32:  "Almost 8 percent of
   acute care hospital patients  65  years  of  age and older are
   discharged from hospitals  to  nursing  homes annually.  About
   half of these could  go  home  if appropriate support services
   were available.  In fact, about 200,000 persons per year could
   avoid nursing home  care  if  they  had  access to a geriatric
   evaluation unit."

158.1994 Haw. Sess. Laws, Act 165.

159.Ibid.

160.Maryland Report, pp. 17-18.

161.Ibid., p. 18.

162.Ibid., p. 21.

163.Ibid.

164.Ibid., pp. 18-19.

165.Ibid., p.  22,  citing  Fernando  Torres-Gil  and Jon Pynoos,
   "Long-Term Care Policy and  Interest  Group Struggles," in The
   Gerontologist, vol. 26, no. 5, 1986, pp. 488-495.

166.Ibid., p. 22.

167.Ibid., p. 19.

168.Ibid., p.  19,  citing  Robyn  I.  Stone  and  Christopher M.
   Murtaugh,  "The  Elderly  Population  with  Chronic Functional
   Disability: Implications for  Home  Care  Eligibility," in The
   Gerontologist,  vol.  26,  no.   5,  1986,  pp.  488-495;  and
   Washington, Report  and  Recommendations  to  the Legislature,
   Washington State Long-Term Care Commission, January, 1991.

169.Koff, p. 179.

170.Peter  G.  Pan,  Care   of   High  Risk  Infants  in  Hawaii,
   Legislative Reference Bureau, Report  No. 9, (Honolulu: 1989),
   p. 53:  The Children  with  Special Health Needs Branch of the
   Hawaii  Department  of   Health   ". . .   believes  that  the
   definition of  children  with  special  health needs (formerly
   crippled children) is a subset  of a broader definition of the
   developmentally disabled . . ."

171.Hawaii Rev. Stat. sec. 333F-1.

172.Barbara  Wright   and   Martha   P.   King,   Americans  With
   Developmental Disabilities: Policy  Directions for the States,
   NCSL  Task  Force   on  Developmental  Disabilities  (National
   Conference of State Legislatures: Denver) 1991, p. 1.

173.Louise Bauer, "Supporting  Families,"  in Legislative Report,
   vol. 19, no. 13, August, 1994, p. 4.

174.According  to  Wright  &  King,  p.  2:    In  1990, Congress
   reauthorized the landmark Education of the Handicapped Act and
   renamed it the Individuals with Disabilities Education Act.

175.Wright  &  King,  p.  ix,  citing  personal  communication of
   October 9, 1990 between  the  authors  and Robert M. Gettings,
   Executive  Director,  National  Association  of  State  Mental
   Retardation Program Directors.

176.Louise  Bauer  and  Gary  Smith,  "Community  Living  for the
   Developmentally Disabled," in  State  Legislative Report, vol.
   18, no. 12, December, 1993, p. 2.
    

177.Ibid.

178.Ibid.,  citing  Gary  A.   Smith   and  Robert  M.  Gettings,
   Medicaid's ICF/MR Program:  Present  Status  and Recent Trend,
   (Alexandria, VA.: National  Association  of State Directors of
   Developmental Disabilities Services) May, 1993, p. 9.

179.Siobhan  Sullivan,  "Home  Alone:  Community  Living  Fosters
   Independence," in State  Legislatures,  vol.  21,  no. 5, May,
   1995, p. 31.

180.Ibid., p. 32.

181.Ibid., p. 33.

182.Wright and King, p. 2.

183.Ibid., p. 3.

184.According to Wright and King, p. 3:  "Part B" of IDEA is also
   known as the  Education  for  All  Handicapped Children Act of
   1975 (P.L. 94-142).

185.Wright and King, p. 3.

186.Ibid.

187.Bauer and Smith, p. 2.

188."Four States Test  Medicaid  Managed  Care  for Disabled," in
   State Health Watch, January, 1995, p. 2.

189.Ibid., p. 11.

190.Wright and King, p. 4.

191.Ibid.

192.Ibid.

193.Ibid., p. 1.

194.Pan, p. 60.

195.Hawaii Rev. Stat., sec. 333F-1.

196.Bauer and Smith, p. 1.

197.Ibid., pp. 2-3.

198.Wright and King, p. 10.

199.Bauer, p. 3.

200.Ibid.

201.Wright and King,  p.  10,  citing  Wright  & King's telephone
   conversation with Gary  Smith,  director  of special projects,
   National  Association  of  State  Mental  Retardation  Program
   Directors, October 16, 1990.

202.Wright and King, p. 10.

203.Bauer, p. 3.

204.Bauer and Smith, p. 3.

205.Ibid., p. 4.

206.Ibid.

207.Wright and King, p. 10  and  Bauer,  p. 3, citing Linda Hall,
   Medicaid Home  Care  Options  for  Disabled Children, National
   Governors' Association, Washington, D.C., 1990, p. 6.

208.Bauer,  p.  3,  citing  Bauer's  telephone  communication  of
   February 1994 with Gary  Smith,  director of special projects,
   National  Association  of  State  Mental  Retardation  Program
   Directors.

209.Wright and King, p. 32.

210.Ibid., p. 33.

211.Bauer and Smith, p. 3.

212.Bauer, p. 1.

213.Ibid.

214.Wright and King, p. 11.

215.Bauer, p. 2, "What  Do  We  Mean by 'Family Support,'" citing
   Human Services Research Institute, "Family Support Services in
   the United States: An  End  of Decade Status Report," February
   1990, p. 40.

216.Wright and King, p. 11.

217.Ibid., p. 11, citing  Angela  Novak  Amado, K. Charlie Lakin,
   and Jan M. Menke, 1990  Chartbook  on Services for People with
   Developmental Disabilities (Minneapolis,  Minn.: University of
   Minnesota,  Center  for  Residential  and  Community Services)
   1990, p. 56.

218.Ibid., pp. 9-10.

219.Indiana, Long-Term Care  and  Local Service Delivery, Indiana
   Legislative  Services  Agency,   Evaluation  Audit,  May  1991
   (hereafter "Indiana 1990"), p.  42,  referring  to the 1988 6-
   state study of  Arkansas,  Illinois,  Maine, Maryland, Oregon,
   and Wisconsin by Justice, et al.

220.Colorado,   Report   to   the   Colorado   General  Assembly:
   Recommendations for 1990, 
    Legislative Task  Force  on  Long-Term  Health Care, research
   publication no. 344, December, 1989, p. 5.

221.Ibid., p. 27.

222.Ibid., p. 3.

223.Ibid.

224.Ibid., p. 5.

225.Ibid., p. 3.

226.Ibid., p. 8.   Also,  (p.  23):    The Task Force recommended
   considering  the   special   needs   of   Alzheimer's  Disease
   ("dementia") patients in the development of rules for a single
   entry point, thus  addressing  the  need  for a more intensive
   needs assessment for dementia patients.

227.Ibid., p. 4.

228.Ibid., p. 27.

229.Ibid., p. 11.

230.Ibid., p. 17.

231.Ibid., p. 27.

232.Ibid., p. 28.

233.Ibid., p. 19.

234.Indiana 1990, p. 34.

235.Ibid.

236.Indiana 1990, p. 35.

237.Ibid., p. 59.

238.Ibid., p. 35.

239.Indiana, Long-Term Care  and  Local Service Delivery, Indiana
   Legislative  Services  Agency,   Evaluation  Audit,  May  1991
   (hereafter "Indiana 1991"),  p.  44:    The  funding level for
   CHOICE is established  by  the  legislature.    The  cost of a
   statewide CHOICE program is a legislative decision based on an
   evaluation  of  the  need  for  the  program,  as  well  as  a
   determination of how much Indiana can afford to spend.

240.Indiana 1990, pp. 31-32.

241.Indiana 1991, p. 37.

242.Ibid., p. 39.

243.Ibid., p. 40.

244.Ibid., p. 50.

245.Indiana 1990, pp. 32-33.

246.Ibid., p. 33.

247.Ibid., Exhibit 13. "Indiana Long-Term Care Responsibilities,"
   pp. 33-34.

248.The preadmission screening  process  began operation in 1984.
   (p. 77)

249.Indiana 1990, p. 3.

250.Indiana 1991, p. 2.

251.Ibid., pp. 27-28.

252.Ibid., pp. 5-6.

253.Ibid., p. 63.

254.Ibid., p. 64.

255.Ibid., p. 9.

256.Ibid., p. 4.

257.Ibid., pp. 29, 30, & 72.

258.Ibid., p. 30:    Previously,  separate  assessment tools were
   used for PAS, CHOICE, the  Medicaid Waiver, and Title III/SSBG
   services [Title III  is  Older  Americans'  Act 1965 funds for
   support services.]    The  Eligibility  Screen  is designed to
   minimize  unnecessary  paperwork.    The  case  manager  works
   progressively through the Screen, so  if a person meets one of
   seven  severe  medical  conditions   criteria  and,  thus,  is
   eligible for PAS, CHOICE,  or the Medicaid Waiver, eligibility
   questions regarding  activities  of  daily  living or informal
   supports can be skipped.

259.Ibid., p. 73.

260.Ibid.  However, (p.  76)  it  is  reported  that "only a very
   small number  of  PAS  applicants"  are  denied  admissions to
   nursing homes.   "In  FY  1990,  only  219,  or  1% of all PAS
   applications for admission to nursing homes were denied."

261.Ibid., p. 76.

262.Ibid., pp. 76-77.

263.Ibid., 1991, p. 78.

264.Ibid., p. 79.

265.Ibid.

266.The DPW would become  involved  only when the placements were
   denied, when the  applicants  are  Medicaid-eligible, and when
   Level 2 assessments (more comprehensive assessment for clients
   who may  be  mentally  ill  or  developmentally  disabled) are
   required.

267.Indiana 1991, pp. 30-31.

268.Ibid., pp. 31-32.

269.Ibid.

270.Ibid., p. 32.

271.Ibid.

272.Ibid.

273.North Dakota,  Long  Term  Care:  Issues and Recommendations,
   January  1987,  Interagency  Task  Force  on  Long  Term Care,
   Bismarck, North Dakota, January, 1987 (hereafter "North Dakota
   study"), p. I-1.

274.Ibid.

275.Ibid.

276.Ibid., pp. i - ii.

277.Ibid., pp. iii-iv.

278.Ibid., p. II-6.

279.Ibid., p. II-7.

280.Ibid., p. II-13.

281.Ibid., p. II-14, citing:  Comptroller General's Report to the
   Congress of the United States, Entering a Nursing Home, Costly
   Implications  for  Medicaid  and  the  Elderly, PAD - 80 - 12,
   November 26, 1979, pp. iv, 66-70.
   
282.Texas, Program Audit of  Long-Term  Care Services to the Aged
   and Disabled,  Department  of  Human  Services,  Office of the
   State Auditor,  Austin,  Texas,  May,  1992, (hereafter "Texas
   Audit") p. 29.

283.Ibid., p. 33.

284.Ibid.

285.Ibid., p. 53.

286.Ibid., p. 15:  In 1979, the TDHS was ordered to close its ICF
   II nursing home program and  expand community care services in
   an effort to delay institutionalization.

287.Ibid., p. 16.

288.Ibid.

289.Ibid., p. 17.

290.Ibid., p. 19 and in a letter dated May 5, 1992 by Lawrence F.
   Alwin,  Texas  State   Auditor,   to   the  Legislative  Audit
   Committee.

291.Texas Audit, p. 33.

292.Ibid., p. 18.

293.Texas, Report on Crippled Children's Services Program, Senate
   Committee on Health  and  Human  Services,  report to the 70th
   legislature, 1987 (hereafter "Texas  children's study"), pp. 1
   & 3.

294.Ibid., p. 3.

295.Ibid., p. ii.

296.Ibid., p. 6.

297.Ibid.

298.Ibid., pp.  8-9.    However,  the  study  also  mentions that
   disabled children who  do  not  need special education classes
   may  need  "related  services."    According  to  federal law,
   "related services" can be used only to assist a disabled child
   to benefit from  special  education  classes.  Therefore, such
   services are not  required  for  those  who  can function in a
   regular classroom.    Nevertheless,  Texas  rules do authorize
   local school districts  to  provide  special  support for such
   children while  attending  regular  classes.    An  example of
   "related services" is transportation.  (p. 14)

299.Ibid., pp. 6-7.

300.Ibid., p. 12.

301.Ibid., p. 17.

302.Diane  Justice  is  the  Director   of  the  Center  for  the
   Advancement  of  State   Community   Care  Programs,  National
   Association of State Units on Aging.

303.The study was supported  by  a  grant  from the Office of the
   Assistant Secretary  for  Planning  and  Evaluation through an
   interagency cooperative agreement with  the Office of Research
   and   Demonstrations    of    the    Health   Care   Financing
   Administration, United States  Department  of Health and Human
   Services.

304.Diane E. Justice, "What States are Doing to Help Elderly," in
   State Government News, Council  of State Governments, vol. 32,
   no. 3, March, 1989, p. 23.

305.Diane  Justice  et   al.,   State   Long  Term  Care  Reform:
   Development of Community Care  Systems in Six States, National
   Governors'  Association  Center  for  Policy  Research, Health
   Policy Studies, Washington, D.C., April 1988, p. iv.

306.Ibid., pp. iv-v.

307.Ibid., p. vii.

308.Ibid.

309.Ibid., p. ix.

310.Material in this section is from Justice, et al., pp. 5-10.

311.Unless otherwise  noted,  material  in  this  section is from
   Justice, et al., pp. 10-14.

312.Justice, et al., p. 96:  Illinois uses a tightly defined list
   of three  services  supported  by  its  CCP.    However senior
   companion and home health services are also provided on a very
   limited basis  as  part  of  demonstrations  funded with state
   general revenue funds.

313.Material in this section is from Justice, et al., pp. 14-18.

314.Justice, et al., p. 107.

315.Unless otherwise  noted,  material  in  this  section is from
   Justice, et al., pp. 18-22.

316.Eugene M. Feinblatt, chairman, Maryland Governor's Commission
   on Health Care Policy and  Financing, in letter dated December
   30, 1991, to Governor Donald Schaefer.

317.Maryland, Report of the  Governor's Commission on Health Care
   Policy and Financing: Joint  Recommendations of the Governor's
   Commission and  the  Committee  on  Long-Term Care, Governor's
   Commission  on  Health  Care  Policy  and  Financing,  vol. v,
   December 20, 1991, (hereafter "Maryland Report") p. 1.

318.Ibid., p. 51, citing Justice, et al.

319.Ibid., p. iii.

320.Ibid., pp. 56-59.

321.Ibid., pp. 61-62.

322.Ibid., p.  8,  citing  A.  E.  Benjamin,  "Perspectives  on a
   Continuum of Care for Persons  with HIV Illness," presented at
   New  Perspectives  on   AIDS:   Progress  in  Health  Services
   Research, May 17-19,  1989,  Miami,  Florida; and John Douard,
   Chronic Illness: A Problem  of Passive Injustice, unpublished,
   1991.

323.Ibid., p. 8.

324.Ibid.

325.Ibid., p. 9.

326.Ibid., pp. 20-21.

327.Ibid., p. 21.

328.Ibid., p. 54.

329.Ibid., p. 19.

330.Ibid., p. 73, citing: (1) West Virginia Research and Training
   Center, College of  Human  Resources  and Education, Statewide
   Assessment of the Needs of Severely Handicapped Individuals in
   Maryland: Final  Report,  Morgantown,  West  Virginia, August,
   1989; and (2) Office of Technology Assessment, Confused Minds,
   Burdened Families: Finding Help  for People with Alzheimer's &
   Other   Dementias,   United    States   Congress,   OTA-BA-403
   (Washington, D.C.: U.S. Government Printing Office, July 1990.

331.Ibid.,  citing  Maryland   State   Department  of  Education,
   Division  of   Library   Development   and  Services,  "Focus:
   Information  and  Referral,"  in  Library  Keynotes,  vol.  7,
   January 1976.

332.Ibid., p. 73.

333.Ibid., p. 80.  Two  other models for information and referral
   systems are those of Illinois and Massachusetts.  The Illinois
   DIAL system defines  its  target  population  as anyone with a
   physical, mental, or  emotional  disabling  condition, and the
   Massachusetts   Information   Center   for   Individuals  with
   Disabilities  defines  it  clientele  as  the    Massachusetts
   resident "of any age who  has a disability, illness, injury or
   special need." (p. 84)

334.Ibid., pp. 82-83.

335.Ibid., p. 86.

336.Unless otherwise  noted,  material  in  this  section is from
   Justice, et al., pp. 23-27.

337.Maryland Report, p.  48,  citing  the  Institute of Medicine,
   Health Services Integration: Lessons  for  the 1980s, A Report
   of the Committee of the Institute of Medicine, June, 1982.

338.Ibid., p. 49.

339.Justice, et al., p. 96.

340.Texas Audit, p. 42.

341.Justice, et al., p. 89:   Oregon funds risk intervention case
   managers for  private  pay  clients  who  receive less intense
   services.

342.Texas Audit, p. 42.

343.Justice, et al., p. 25.

344.Unless otherwise  noted,  material  in  this  section is from
   Justice, et al., pp. 27-32.

345.Maryland Report, p. 49.

346.Indiana 1990, pp. 40-41.

347.Wisconsin,  Community  Options:  Guidelines  and  Procedures,
   Department  of  Health   and   Social  Services,  Division  of
   Community Services,  Bureau  of  Long  Term  Support, October,
   1994.

348.Wisconsin, "Information,"  Department  of  Health  and Social
   Services, undated, p. 4.

349.Ibid.

350.Telephone interview of  October  3,  1995  with John Lorimer,
   Director, Bureau of Long Term Support, Wisconsin Department of
   Health and Social Services, 608-267-7284.

351.Lorimer interview.

352.Wisconsin, "Information,"  Department  of  Health  and Social
   Services, No. 103b,  January  27,  1994, (hereafter "Wisconsin
   'Information' 103b"), p. 1.

353.Ibid., p. 2.

354.According to the  Department  of  Health and Social Services,
   the Medicaid waivers  allow  the  use  of  both  the state and
   federal parts of what Medicaid would pay for nursing home care
   to be used for  community  care.    Several other state and/or
   federally funded  long-term  care  programs  are  now in place
   (Family  Support  Program,  Community  Support  Program, Katie
   Beckett  program,  Community  Integration  Programs, Community
   Supported Living Arrangements,  Exceptional Expense Supplement
   to SSI, etc.).

355.Wisconsin, "Comparison of Some  Long Term Support Programs in
   Wisconsin" February 1995 (hereafter "Comparison chart").

356.Ibid.

357.Ibid.

358.Ibid.

359.Ibid.

360.Ibid.

361.Ibid.

362.Wisconsin "Information" No. 103b, p.  7.  The figures exclude
   developmentally  disabled   residents   but  include  mentally
   retarded residents.  The decline in the nursing bed census was
   also attributed to  termination  of medical assistance funding
   for ICF-III and ICF-IV levels of  care and a moratorium on new
   medical assistance-funded nursing beds in 1981.

363.Ibid., Figure 8 "Range  of  Monthly Community Options Service
   Costs," p. 10.

364.Lorimer interview.

365.Lorimer interview.

366.Lorimer interview.   For  example, an anecdotal illustration:
   an unsteady elderly person  was  seen  by  a social worker who
   triggered an Occupational  Therapy  assessment  (which is much
   more  specialized)  that  recommended  home  modifications and
   mobility appliances.

367.Justice, et al., p. 32.

368.Texas Audit, p. 43.

369.Keon  S.  Chi,  "New   Approaches   Aid  Elderly,"  in  State
   Government News, Council of State Governments, vol. 32, no. 3,
   March, 1989, p. 17.

370.Ibid., p. 25.

371.Ibid.

372.Memo dated  November  17,  1995  from  Jeanette  C. Takamura,
   Ph.D., Deputy Director of Health, to Wendell Kimura, Director,
   Legislative Reference Bureau, p. 4.

373.Ibid., p. 5.

374.Hawaii Rev. Stat., sec. 333F-2(c)(5).

375.Takamura memo, p. 6.

376.Takamura memo, Maluhia attachment, p. 1.

377.Ibid.  A condition must  exist  whereby there exists a normal
   inability to leave home.  Leaving would require a considerable
   and taxing effort, absences must be infrequent or attributable
   to the need to  receive  medical  treatment.  Such absences do
   not indicate that the  client  has  the capacity to obtain the
   health care outside rather than in the home.

378.Ibid., p. 2.

379.Takamura memo, p. 7.

380.The MWDP was established by 1994 Haw. Sess. Laws, Act 165.

381.There are 400  waitlisted  for  nursing  homes  in acute care
   hospitals  each  incurring   daily   costs  of  about  $2,000.
   Telephone   interview   with   Cullen   Hayashida,   Assistant
   Administrator, Maluhia Hospital, September 6, 1995. 

382.Hawaii,   Maluhia   Waitlist   Demonstration   Project:  1995
   Legislative  Report,  Maluhia  Long-Term  Care  Health Center,
   Department  of  Health,  January,  1995  (hereafter  "Waitlist
   Report"), p. 1.

383.Contracts with the Department  of  Human Services to train 12
   ARCH [Boperators have been  approved  and  a memo of agreement
   with Medicaid and the  DHS  regarding payment has been signed.
   (Hayashida interview)

384.Waitlist Report, Attachment C-2.

385.Hawaii, PACE Hawaii at Maluhia (Program of All-Inclusive Care
   for  the  Elderly),  annual   report,  Department  of  Health,
   Community Hospitals Division,  1995 (hereafter "Maluhia annual
   report"), executive summary.

386.Ibid.

387.Ibid.

388.Almost all (99 percent) of  PACE program participants use the
   adult day health center but,  of  course, they are not limited
   to the day health center's services.  Hayashida interview.

389.About 36  percent  of  PACE  participants  receive  home care
   services on a regular basis.  This includes bathing, grooming,
   meal preparation, and light  chore services.  Grocery shopping
   and escort services are also available especially to those who
   live alone.  Maluhia annual report, p. 2.

390.Ibid., pp. 2-3.

391.Hayashida interview.

392.Takamura memo and Hayashida interview.

393.Hayashida interview.

394.Takamura memo, pp. 8-9.

395.Hawaii Rev. Stat., sec. 323-68.

396.Takamura memo, pp. 9-10.

397.Ibid., p. 11.

398.Hayashida interview.

399.Takamura memo, p. 11.

400.Takamura memo, Disabled Children Attachment, p. 1.

401.Ibid., p. 3.

402.Ibid.

403.Peter  G.  Pan,  Care   of   High  Risk  Infants  in  Hawaii,
   Legislative Reference Bureau, Report  No. 9, (Honolulu: 1989),
   pp. 52-53:
    
     Services for children  with  special  health needs in Hawaii
   are based on medical  categories.   Coverage is restricted due
   to  limited  funds  and   is   shaped  by  historical  funding
   precedent.  Patients up to  age  20 receive services under the
   following medical categories:
    
       (1)  Severe asthma;
       (2)  Heart disease;
       (3)  Eye surgery;
       (4)  Hearing loss;
       (5)  Myelodysplasia;
       (6)  Birth defects;
       (7)  Seizure disorder;
       (8)  Orthopedic problems;
       (9)  Cleft lip & palate;
       (10) Metabolic disorders;
       (11) Cerebral palsy; and
       (12) Genetic conditions.

404.Takamura memo, pp. 12-13.

405.Takamura memo, Disabled Children Attachment, pp. 1-2.

406.Ibid., p. 2.

407.Takamura memo, p. 14.

408.Ibid., pp. 14-15.

409.Challenging behaviors range  from  self-injury such as biting
   or hitting oneself,  to  physical  or sexual aggression toward
   others.  Takamura memo, p. 15.

410.1995 Haw. Sess. Laws, Act 189.

411.The DD Division provides  match funds for the Medicaid-funded
   ICF/MR(c) facilities as well  as  for  the HCBS waiver program
   while private  providers  deliver  actual  services.  Takamura
   memo, p. 16.

412.Ibid., p. 15.

413.Ibid., p. 17.

414.Hawaii, Annual  Report,  Department  of  Human Services, Long
   Term Care Branch, 1993, p. 9.

415.Hawaii Rev. Stat., sec. 333F-1.

416.Long Term Care Branch annual report, p. 10.

417.Ibid., pp. 10-11.  The DHS  acknowledges that its use of this
   definition overlaps the "handicapped" with other populations.

418.Ibid., p. 11, partially citing Birnbaum 1978, p. 7.

419.Ann  Botticelli,  "Home-care   program  cuts  protested,"  in
   Honolulu Advertiser, August 1, 1995.

420.Long Term Care Branch annual report, p. 12.

421.Ibid., p. 13.

422.Ibid.

423.Ibid., pp. 14-15.

424.Ibid., p. 5.

425.Interview of  September  27,  1995  with  Department of Human
   Services  staff:  Alan  Matsunami,  Community  Long-Term  Care
   Branch Program Director and Leslie Tawata, Community Long-Term
   Care Branch Acting Administrator:  The DOH selects clients and
   sends application  forms  to  the  DHS.    DHS  then certifies
   clients at the ICF/MR  level.    Clients then choose from nine
   providers and DHS  pays  the  bills.    DOH is responsible for
   finding providers.  However,  because  of  Medicaid, it is the
   DHS that signs contracts  with  providers.    The DHS has done
   some monitoring but intends  to  relinquish this role and have
   the DOH resume monitoring in  the  future.  Clients are placed
   variously in care homes, foster homes, and natural homes.

426.Ibid., p. 24.

427.Botticelli article.

428.Hawaii, Progress Report of Project  Malama, May 1982 - August
   1983, Department of  Social  Services  and  Housing, Long Term
   Care     Channeling     Demonstration     Project,    Contract
   #HHS-100-80-0137, December,  1983  (hereafter  "Project Malama
   report"), pp. 2-3.

429.Ibid., p. 5.

430.Ibid., p. 7.

431.Botticelli article.

432.Ann McDuffie and Christopher Neil, "Budget ax wounds elderly,
   immigrants," in the Honolulu Advertiser, August 7, 1995.

433.Letter to the Honolulu Advertiser from Donna Grain, September
   6, 1995.
   
434.Project Malama report, p. 6.

435.McDuffie and Neil article.

436.DHS staff interview.

437.Memo of September 14,  1995  from Marilyn R. Seely, Director,
   Executive  Office  on  Aging,  to  Wendell  Kimura,  Director,
   Legislative Reference Bureau, p. 1.

438.Hawaii, Four-Year Area  Plan  on  Aging,  Executive Office on
   Aging, (for the period October  1, 1995 to September 30, 1999)
   p.  43.    Many  other  services  are  also  listed  ("not  an
   exhaustive list") that  are  provided  at differing geographic
   sites throughout  the  State.    These  are  described by each
   county submitting their  respective  four-year plans which are
   compiled by the  EOA  into  the  state  plan and include: case
   management, chore, respite, adult  day health, Alzheimer's day
   care,  personal,   escort,   transportation,  information  and
   assistance,   housekeeping,    outreach,   education/training,
   recreation, telephone reassurance,  visiting, volunteer, elder
   abuse and neglect,  legal, health maintenance/promotion, adult
   day care, Alcoholics  Anonymous,  Ke  Ola  Pono  No Na Kupuna,
   AARP,  Kuakini  Parkinson's  disease,  diabetes  education and
   support, Mended  Hearts/Stroke  Club,  day hospital, exercise,
   self-help,   interpretation,    comprehensive   individualized
   services,  housing  assistance,  Lanakila  Multipurpose Senior
   Center, money  management,  Emphysema  Hui,  asthma education,
   Long Term Care  Ombudsman,  credit counseling, literacy, home-
   delivered meals, Senior Community Service Employment, hospice,
   emergency response,  outpatient  and  family interdisciplinary
   consultation,  nutrition   counseling,   shopping,  companion,
   immigrant, advocacy, mediation, guardianship, veterans, foster
   care, adult protective,  retirement,  home  health, and mental
   health services.  (pp. 44-63)

439.Seely memo, p. 1.

440.Hawaii Rev. Stat., sec. 349-3.

441.Hawaii Rev. Stat., sec. 349-5(b).

442.Hawaii Rev. Stat., sec. 349-5(c).

443.Seely memo, p. 2.

444.Seely memo, Attachment.

445.Takamura memo, pp. 1 & 3.

446.Ibid., pp.  1-2.    On  March  10,  1995,  the  DOH submitted
   testimony on S.C.R. No. 33 and  S.R. No. 27 stressing that the
   needs of those requiring  long-term care are diverse, implying
   that an SEP  may  have  difficulty  in successfully addressing
   those needs.  On April 7,  1995, the State Planning Council on
   Developmental Disabilities warned in testimony that an SEP "is
   only one component of  a  comprehensive long-term care system,
   but  a  very  important  one  that  has  impact  on  improving
   consumers'  access  to  appropriate   levels  of  health  care
   services."

447.Takamura memo, pp. 2-3.

448.Ibid., pp. 3, 4, 5, & 10.

449.Nursing home beds must  receive  a  certificate of need (CON)
   approval from the State Health Planning and Development Agency
   pursuant to chapter 323D, Hawaii Revised Statutes.

450.Ibid.

451.Ibid., pp. 6-7.

452.DHS staff interview.

453.Ibid.

454.Testimony  submitted  by   the   DHS   on  Senate  Concurrent
   Resolution No. 33  and  Senate  Resolution  No. 27, Eighteenth
   Legislature, State of Hawaii, April 18, 1995.

455.DHS staff interview.

456.Seely memo, p. 2.

457.Testimony submitted  by  the  Executive  Office  on  Aging on
   S.C.R. No. 33 and  S.R.  No. 27, Eighteenth Legislature, State
   of Hawaii, March 10, 1995.

458.Hawaii,  Long  Term  Care  Plan  For  Hawaii's  Older Adults,
   Executive Office on Aging, Office of the Governor, July, 1988,
   p. 8.

459.Seely memo, p. 2.

460.Ibid., pp. 2-3.

461.Ibid., p. 2.

462.Ibid.

463.Ibid., p. 3.

464.Theodore H. Koff, New Approaches  to Health Care for an Aging
   Population: Developing a  Continuum  of Chronic Care Services,
   Jossey-Bass  Inc.,   Publishers,   350   Sansome  Street,  San
   Francisco, California 94104, 1988, pp. 166-167.

465.Barbara  Wright   and   Martha   P.   King,   Americans  With
   Developmental Disabilities: Policy  Directions for the States,
   NCSL  Task  Force   on  Developmental  Disabilities  (National
   Conference of State Legislatures: Denver) 1991, pp. 15-16.

466.Diane  Justice  et   al.,   State   Long  Term  Care  Reform:
   Development of Community Care  Systems in Six States, National
   Governors'  Association  Center  for  Policy  Research, Health
   Policy Studies, Washington, D.C., April 1988, p. vii.

467.Justice, et al., p. 113.

468.Maryland, Report of the  Governor's Commission on Health Care
   Policy and Financing: Joint  Recommendations of the Governor's
   Commission and  the  Committee  on  Long-Term Care, Governor's
   Commission  on  Health  Care  Policy  and  Financing,  vol. V,
   December 20, 1991, p. 54.

469.Justice, et al., p. 93.

470.According to Teresa Tritch,  "Best  Ways  to Beat the Cuts in
   Medicare and Medicaid," in  Money Magazine, December, 1995, p.
   95:   "In  Oregon,  for  example,  since  1981  the  number of
   Medicaid-sponsored seniors in  nursing  homes  has declined to
   7,300 from 8,400, as  the  growing  demand  for elder care has
   shifted to home- and  community-based options.  Unfortunately,
   the  Oregon  experience  also  exposes  the  danger  in  state
   experimentation.  Last  year  [1994],  the Oregonian newspaper
   reported conditions of filth, neglect and cruelty in dozens of
   adult foster-care homes.    In  a  rush to accommodate growing
   numbers of needy elderly,  the  state licensed many more homes
   than it could effectively monitor."

471.Justice, et al., p. viii.

472.Indiana, Long-Term Care  and  the  Elderly, Evaluation Audit,
   Indiana Legislative Services Agency, May 1990, p. 43.

473.For example,  it  has  been  recounted  that various advocacy
   groups  were  initially  united   in  Wisconsin's  efforts  at
   coordination because they could not be played off against each
   other.  However, after the  Community Options Program began to
   operate, the groups again  began  to  fight over the amount of
   funding to  be  made  available  to  each's traditional target
   population.  Wisconsin  attempted  to  solve this by mandating
   the program to serve persons  from  the major target groups in
   proportions  which  approximate   the  percentages  served  in
   nursing homes prior  to  the  program's  inception.  Telephone
   interview of  October  3,  1995  with  John Lorimer, Director,
   Bureau of Long  Term  Support,  Wisconsin Department of Health
   and Social Services.

474.Hawaii,  Long  Term  Care  Plan  For  Hawaii's  Older Adults,
   Executive Office on Aging, Office of the Governor, July, 1988,
   pp. x & 25.

475.Ibid., p. 28.

476.Memorandum from Marilyn R.  Seely, Director, Executive Office
   on Aging, to  Wendell  Kimura, Director, Legislative Reference
   Bureau, September 14, 1995, p. 2.

477.Memorandum from Jeanette C.  Takamura, Ph.D., Deputy Director
   of Health, to Wendell  Kimura, Director, Legislative Reference
   Bureau, November 17, 1995, p. 2. 
   


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