Administrative Rules for Programs

DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE RULES

HRS Chapter 91, TITLE 17

Disclaimer

Administrative rules promulgated pursuant to requirements of Hawaii Revised Statutes Chapter 91 have the force and effect of law. Administrative rules supply guidelines by which the Department implements programs it administers. The following administrative rules are provided for general information purposes and to promote access of rules to the community. These rules are not official copies, as they do not conform to format requirements designated by the revisor of statutes under Hawaii Revised Statutes Section 9 1-4.2. The unofficial copies compile changes within a chapter rather than separately accumulating the changes as with official rules; the content of the rules, however, is current. (Repealed rules are listed at the end of the page.) The Department of Human Services is not liable for any claims, damages and costs arising out of or in connection with the use of unofficial rules. Official rules are filed with the Office of the Lieutenant Governor.

Administrative Hearing

Program applicants and clients often can resolve disputed matters by talking to someone in the Division office.  Please contact the office that made your determination to discuss any and all possibilities.  If you still disagree with the decision or action taken, you have the right to file an appeal (also called Review or Administrative Hearing or Administrative Appeal or Fair Hearing).   Administrative Hearing Applications

If you do not have the Adobe Acrobat Reader installed on your computer, you need to install it before you can view and print the downloadable PDF files. The Acrobat Reader is free and can be downloaded to your computer by clicking on the “Get Acrobat Reader” button

Chapter Rule Heading
17-1 General Provisions for Administrative Relief
17-2 General Provisions for Administrative Relief
17-3 Rule Relief Procedures
17-4 Declaratory Rulings
17-15 Government and Personal Records
Vocational Rehabilitation
17-400.1 Vocational Rehabilitation Administration
17-401.1 Vocational Rehabilitation Services
17-402 Services to the Blind and Visually Handicapped
17-403 Vending Facilities Program
Hawaii Public Housing Authority
17-186 State Elderly Housing Program
17-528 Housing Assistance Payments Program
17-534 State Homeless Hale Kokua Program
Benefit, Employment and Support Services Division
17-600 Overview
17-601 Confidentiality
17-602-1 Hearings
17-603 Availability and Cost of Department Program Manuals
17-604.1 Fraud
17-605 Cash Payments following Death of Payee and Claims Against Estate of Deceased Recipient
17-606 Income Tax Setoff Program
17-610 Food Stamp Program Administration
17-647 Application Processing Requirements
17-648 Eligibility Redeterminations
17-649 Notice of Adverse Action
17-650 Reporting Requirements
17-653 Child Support, Medical Support, and Third-Party Liability Requirements
17-654 Hawaii No-Fault Insurance
17-655 General Eligibility Requirements
17-656.1 Temporary Assistance for Needy Families (TANF)
17-658 Financial and Medical Assistance to Aged, Blind, and Disabled Individuals
17-659 General Assistance (GA) and GA Related Medical Assistance
17-661 Refugee Resettlement, Repatriate, and State Legalization Impact Assistance Grant (SLIAG) Programs
17-663 Special Food Stamp Households
17-675 Assets
17-676 Income
17-678 Financial Assistance Standards for Individuals in Independent Living Arrangements, Residential Treatment Facilities, or Domiciliary Care Homes
17-680 Eligibility and Benefit Determination
17-681 Issuance of Benefits
17-683 Underpayment, Overpayment, and Recovery
17-684.1 Food Stamp Work Requirements
17-685.2 Emergency Rules Relating to Replacement of Stolen Financial Assistance Benefits, Supplemental Nutrition Assistance Program (SNAP) Benefits, and Supportive Services Payments (adopted 11/06/24)
17-686 Summer Electronic Benefits (EBT) Transfer Program
17-794.1 First-to-Work Program (FTW)
17-795 Supporting Employment Empowerment Program (SEE)
17-798.3 Child Care Payments
17-798.3 2023 Emergency Rules Relating To Child Care Payments Under Chapter 798.3 (adopted 9/27/23)
17-799 Preschool Open Doors (POD)
17-800 Requirements For Listing Of Exempt Center-Based Providers
17-801 Background Checks
17-802.5 Child Care Grant Program
17-803.3 Emergency Rules Relating to Non-Recurring Short-Term (NRST) Benefits for Wildfire Disaster Survivors (adopted 11/06/24)
 
Child Welfare Services
17-833 Emergency Shelter Home Services
 
Benefit, Employment and Support Services Division
17-891.2 Registration of Family Child Care Homes
17-892.2 Licensing of Group Child Care Centers and Group Child Care Homes
 
Child Welfare Services
17-893 Licensing of Child-Placing Organizations
 
Benefit, Employment and Support Services Division
17-895.1 Licensing of Infant and Toddler Child Care Centers
17-896.1 Licensing of Before and After School Child Care Facilities
 
Child Welfare Services
17-912 General Provisions
Adult Protective and Community Services Branch
17-1400 Overview
17-1401.1 Confidentiality
17-1402 Hearings
17-1403 Availability and Cost of Administrative Rules
17-1404 Fraud
17–1416 General Provisions for Social Services
17-1417 Adult Day Care Services
17-1418 Adult Foster Care Services
17-1419 Chore Services for Community Long-Term Care Programs
17-1421 Protective Services for Vulnerable Adults
17-1422 Courtesy Services
17-1423 Transportation Assistance for Resident Aliens and Naturalized Citizens
17-1424 Licensing of Adult Day Care Centers
17-1425 Foster Grandparent Program
17-1426 Senior Companion Program
17-1427 Respite Services
17-1439 Home and Community Based Services for the Developmentally Disabled/Mentally Retarded
17-1443 State-Approved Feeding Assistant Training Program
17-1444 Nurse Aide Training and Competency Evaluation Programs
17-1445 Re-certification of Nurse Aides Employed in State-Licensed or State-Certified Health Care Settings
17-1454 Regulation of Home and Community-Based Case Management Agencies and Community Care Foster Family Homes
Office of Youth Services
17-1500 Social Rehabilitation Services
Child Welfare Services Program
17-1601 Confidentiality
17-1610 Child Welfare Casework Services
17-1617 Foster Care Maintenance and Related Payments
17-1620 Adoption Assistance and Reimbursement of Nonrecurring Adoption Expenses for Children with Special Needs
17-1621 Permanency Assistance
17-1625 Licensing of Foster Family Homes for Children
17-1627 Licensing of Child Caring Institutions
Med-QUEST Division
17-1700.1 Definitions
17-1701 Availability and Cost of Department Program Manuals
17-1702 Confidentiality
17-1703.1 Administrative Appeals
17-1704 Fraud Provisions
17-1705 Medical Assistance Recovery
17-1706 Income Tax Setoff Program
17-1709.2 State Funded Hawaii Premium Plus (HPP) – PENDING REPEAL
17-1709.3 State with Federal Match Funded Hawaii Premium Plus (HPP) – PENDING REPEAL
17-1711.1 Processing of Applications for Medical Assistance
17-1712.1 Eligibility Re-determinations
17-1713.1 Notices
17-1714.1 General Eligibility Requirements for Medical Assistance
17-1715 Children Group
17-1715.1 Former Foster Care Children Group
17-1716 Pregnant Women Group
17-1717 Parent or Caretakers Relatives Group
17-1717.1 Transitional Medical Assistance
17-1718 Adult Group
17-1719 Aged, Blind and Disabled Group
17-1719.1  State Funded Aged, Blind, and Disabled Program
17-1720 Benefits Package
17-1720.1 Freedom of Choice, Enrollment and Disenrollment
17-1722 Special Medical Assistance and Coverage Programs
17-1723.1 Emergency Medical Assistance to Non-Citizens
17-1723.2 Refugee Medical Assistance
17-1723.3 Medical Assistance for Repatriates
17-1724.1 Income for MAGI-Excepted Individuals
17-1724.2 Modified Adjusted Gross Income (MAGI) Based Methodology
17-1725.1 Assets for MAGI-Excepted Individuals
17-1730.1 Medically Need Spenddown
17-1731 Premium Assistance Program
17-1733.1 Coverage of Individuals with Breast and Cervical Cancer
17-1734.1 State Funded Coverage of Individuals With Breast and Cervical Cancer
17-1735.1 General Provisions for Fee for Service Medical Assistance
17-1735.2 General Provisions for Participating Health Plans
17-1736 Provider Provisions
17-1737 Scope and Contents of the Fee for Service Medical Assistance Program
17-1738 Targeted Case Management Services
17-1739 Authorization, Payment, and Claims in the Fee-For-Service Medical Assistance Program
17-1739.1 Authorization, Payment, and Claims in the Fee-For-Service Medical Assistance Program For Non-Institutional Services
17-1739.2 Authorization, Payment, and Claims in the Fee-For-Service Medical Assistance Program – Long Term Care Prospective Payment System
17-1740.1 Reimbursement of Federally Qualified Health Centers and Rural health Clinics
17-1741 Utilization Control
17-1744 Coverage of Medicare Premiums
17-1745 Death Payments Program
17-1746 PACE Hawaii Program
Hawaii Public Housing Authority
17-2020  Evictions – Practice and Procedure
17-2021 Grievance Procedures
17-2028  Federally-Assisted Public Housing Program
Benefit, Employment and Support Services Division
17-2026 Homeless Programs
17-2029 Appeals Procedure For Homeless Programs
17-2030 Eviction And Bar to Participation Procedure For Homeless Facilities

 

Repealed Rules
17-Subtitle 1 Criminal Injuries Compensation Commission (Repealed 9/3/94)
17-Subtitle 2 Corrections Division (Repealed April 15, 2000)
17-200 Administrative Provisions (Repealed April 15, 2000)
17-201 Inmate Custody and Control (Repealed April 15, 2000)
17-202 Inmates and Access to Courts and Legal Counsel (Repealed April 15, 2000)
17-203 Inmate and Ward Rules (Repealed April 15, 2000)
17-204 Inmate and Ward Activities (Repealed April 15, 2000)
17-205 Facility Security (Repealed April 15, 2000)
17-206 Civil Rights of Inmates and Wards (Repealed April 15, 2000)
17-207 Authorization for Performance of Official Duties (Repealed April 15, 2000)
17-400 Vocational Rehabilitation Administration (Repeales August 13, 2007)
17-401 Vocational Rehabilitation Services (Repealed August 13, 2007)
17-402-17 Hawaii Administrative Rules (Repealed October 4, 2010)
17-500 Practice and Procedure (Repealed October 25, 1999)
17-501 Eviction – Practice and Procedure (Repealed October 25, 1999)
17-502 Grievance Procedure (Repealed October 25, 1999)
17-503 Assistance to Displaced Persons (Repealed 12/16/88)
17-510 Rent Supplement Program (Repealed October 25, 1999)
17-511 Existing Housing Program (Repealed 9/20/2001)
17-515 Housing Loan and Mortgage Programs (Repealed 2/9/88)
17-516 Down Payment Reserve Plan (Repealed October 25, 1999)
17-518 Fee Title Acquisition Loan Program (Repealed, 12/16/88)
17-520 General Excise Tax Exemptions(repealed, 2/8/93)
17-525 State Assisted Land and Housing Development Program (Repealed 1/9/1989)
17-526 State Elderly Housing Program (Repealed, 10/14/15)
17-527 Housing Development Fund (Repealed, 11/25/88)
17-529 Multi-Family Rental Housing Program (Repealed, 3/9/89)
17-535 Federally-Assisted and State-Aided Housing Projects (Repealed, 9/20/2001)
17-684 Work Programs (Repealed January 17, 2008)
17-685 Replacement of Stolen Financial Assistance Benefits, Supplemental Nutrition Assistance Program (SNAP) Benefits, and Supportive Service Payments (Repealed 05/25/2024)
17-685.1 Replacement of Stolen Financial Assistance Benefits, Supplemental Nutrition Assistance Program (SNAP) Benefits, and Supportive Service Payments (Repealed 10/09/24)
17-794 Job Opportunities and Basic Skills (JOBS) Training (Repealed, 6/11/2007)
17-798 Child Care Services (repealed 7/27/02)
17-798-1 Child Care Services (repealed 3/7/08)
17-798.2 Child Care Services (repealed 08/06/21)
17-803 Non-recurring Short-term (NRST) Benefits for Wildfire Disaster Victims (Repealed 01/18/2024)
17-803.1 Non-recurring Short-term (NRST) Benefits for Wildfire Disaster Victims (Repealed 05/25/2024)
17-803.2 Non-Recurring Short-term (NRST) Benefits for Wildfire Disaster Victims (Repealed 10/05/24)
17-804 Child Welfare General Provisions (repealed and replaced December 9, 2010)
17-805 Adoption Services (repealed and replaced December 9, 2010)
17-806 Child Welfare Counseling Services (repealed and replaced December 9, 2010)
17-807 Child Welfare Service Payments (repealed and replaced by 17-1617 effective March 27, 2009)
17-828 Foster Care Services for Children (repealed and replaced by 17-1617 effective March 27, 2009)
17-830 Courtesy Services (repealed and replaced December 9, 2010)
17-834 State Provided Foster Care Special Services (repealed and replaced by 17-1617 effective March 27, 2009)
17-835 Permanency Assistance (repealed and replaced December 9, 2010)
17-890 Certification of Foster Family Board Homes for Children (repealed and replaced by 17-1625 effective March 27, 2009)
17-894 Licensing of Child-Caring Institutions (repealed and replaced December 9, 2010)
17-897 DHS Emergency Rules Relating to Evidence of Health Standards
17-913 Adjustment Services (repealed and replaced December 9, 2010)
17-918.1 Family Services (repealed and replaced December 9, 2010)
17-920.1 Child Protective Services (repealed and replaced December 9,2010)
17-943.1 Federally Funded Foster Care Maintenance Payments (repealed and replaced by 17-1617 effective March 27, 2009)
17-944.1 Adoption Assistance for Children with Special Needs (repealed and replaced December 9, 2010)
17-945 Services to Children in or Needing Substitute Care (repealed and replaced December 9, 2010)
17-1199 Homeless Programs (Repealed October 25, 1999)
17-Subtitle 7 State Intake Service Centers (Repealed April 15, 2000)
17-1200 General Provisions (Repealed April 15, 2000)
17-1201 Program Implementation (Repealed April 15, 2000)
17-1202 Criminal History Record Information System (Repealed April 15, 2000)
17-1203 Access to Personal Criminal History Record Information (Repealed April 15, 2000)
17-1204 Management of Pre-sentence Credit System (Repealed April 15, 2000)
17-1401 Confidentiality (Repealed, October 30, 2009)
17-1420 Homemaker Services for Community Long-Term Care Programs
17-1453 Long-Term Care Channeling Office (Repealed, 1/10/97)
17-1438 Nursing Home Without Walls Program
17-1440 Home and Community-Based Services for Elderly Foster Family Community Care Program
17-1441 Personal Care Services
17-1442 HIV Community Care Program
17-1700 Overview (Repealed 09/30/13)
17-1703 Administrative Appeals (REPEALED 09/30/13)
17-1711 Application Processing Requirements (Repealed 09/30/13)
17-1712 Eligibility Redeterminations (Repealed 09/30/13)
17-1713 Notice of Adverse Actions (Repealed 09/30/13)
17-1714 General Eligibility Requirements (Repealed 09/30/13)
17-1709 COBRA Premium Reimbursement Program (Repealed 06/13/02)
17-1709.1 COBRA Premium Reimbursement Program (Repealed 05/05/05)
17-1710 9-11 Net Program (Repealed 06/13/02)
17-1710.1 9-11 Net Program (Repealed 05/05/05)
17-1721 Medical Assistance to Aged, Blind, or Disabled (Repealed 09/30/13)
17-1721.1 QUEST Expanded Access (Repealed 09/30/13)
17-1722.1 State Medical Assistance For Immigrant Children Program (Repealed 09/30/13)
17-1722.2 State Medical Assistance For Pregnant Legal Immigrants Program (Repealed 09/30/13)
17-1722.3 Basic Health Hawaii
17-1723 Medical Assistance to Aliens and Refugees (Repealed 09/30/13)
17-1724 Income (Repealed 09/30/13)
17-1725 Assets (Repealed 09/30/13)
17-1726 Medical Assistance for Families with Children Described in Section 1931 of the Social Security Act (Repealed 09/30/13)
17-1727 Hawaii Health QUEST (Repealed 09/30/13)
17-1728 QUEST-Net (Repealed 09/30/13)
17-1728.1 QUEST-Adult Coverage Expansion (ACE) (Repealed 09/30/13)
17-1730 QUEST Spenddown Program (Repealed 09/30/13)
17-1732 Coverage of Blind or Disabled Pregnant Women and Children (Repealed 09/30/13)
17-1733 Coverage of Individuals With Breast and Cervical Cancer (Repealed 09/30/13)
17-1734 State Funded Coverage of Individuals With Breast and Cervical Cancer (Repealed 09/30/13)
17-1735 General Provisions for Fee for Service Medical Assistance (Repealed 09/30/13)