§346-29  Applications for public assistance;manner, form, conditions.  (a)  Applications for public assistance underthis chapter shall be made by the applicant, or by someone acting in theapplicant's behalf, in the manner, place, and form prescribed by thedepartment.

(b)  No applicant or recipient who is foundguilty of fraudulently misrepresenting residence to obtain assistance in two ormore states shall be entitled to public assistance under this chapter for tenyears from date of conviction.  No applicant or recipient shall be entitled topublic assistance under this chapter who is a fugitive felon or who is inviolation of a condition of probation or parole or has sufficient income orother resources to provide a standard above that provided in this chapter, orwho is an inmate of any public institution, except that any inmate of a publicinstitution who is otherwise eligible for medical assistance and who has beendetermined by the medical director of the institution as having a major illnessor medical condition requiring the provision of medical care outside of theinstitution may receive assistance under this chapter.  An inmate of a publicinstitution or resident of a medical institution may apply for assistance tobegin after the inmate's discharge from the institution.  To enforce thissubsection, the department shall examine each list of inmates within, or newlyadmitted to, a correctional facility in the State that is submitted to thedepartment by the director of public safety pursuant to section 353-12.5,regardless of the nature of the offense for which an inmate is incarcerated orthe duration of incarceration, to determine whether an inmate is eligible forpublic assistance under this chapter.

(c)  In determining the needs of an applicantor recipient for public assistance by the department, the department shall:

(1)  Disregard the amounts of earned or unearnedincome as required or allowed by federal acts and other regulations, to receivefederal funds and disregard from gross earned income twenty per cent plus $200and a percentage of the remaining balance of earned income consistent withfederal regulations and other requirements;

(2)  Consider as net income in all cases the income asfederal acts and other regulations require the department to consider forreceipt of federal funds and may consider the additional income and resourcesas these acts and regulations permit to be considered;

(3)  For households with minor dependents, disregard atotal of $5,000 in assets and the value of one motor vehicle in determining theneeds of persons for financial assistance; provided that the amount to bedisregarded shall not exceed standards under federally funded financialassistance programs.  This paragraph shall not apply to persons eligible forfederal supplemental security income benefits, aid to the aged, blind ordisabled, or general assistance to households without minor dependents.  Indetermining the needs of persons eligible for federal supplemental securityincome benefits, aid to the aged, blind, or disabled, or general assistance tohouseholds without minor dependents, the department shall apply all theresource retention and exclusion requirements under the federal supplementalsecurity income program;

(4)  Apply the resource retention requirements underthe federal supplemental security income program in determining the needs of asingle person for medical assistance only;

(5)  Apply the resource retention requirements underthe federal supplemental security income program in determining the needs of afamily of two persons for medical assistance only and an additional $250 foreach additional person included in an application for medical assistance only;

(6)  Disregard amounts of emergency assistance grantedunder section 346-65;

(7)  Not consider as income or resources any paymentfor services to or on behalf of, or any benefit received by, a participantunder the first-to-work program of part XI, other than wages.  Wages earned bya participant while participating in the first-to-work program shall beconsidered income of the participant, unless the wages are excluded ordisregarded under any other law;

(8)  Not consider as income or resources payment madeto eligible individuals, eligible surviving spouses, surviving children or survivingparents as specified under Title I of the Civil Liberties Act of 1988, PublicLaw 100-383, which made restitution to individuals of Japanese ancestry whowere interned during World War II;

(9)  Allow the community spouse of an individualresiding in a medical institution to maintain countable resources to themaximum allowed by federal statutes or regulations with provisions forincreases, as allowed by the Secretary of Health and Human Services by means ofindexing, court order, or fair hearing decree, without jeopardizing theeligibility of the institutionalized spouse for medical assistance;

(10)  Allow an individual residing in a medicalinstitution to contribute toward the support of the individual's communityspouse, thereby enabling the community spouse to maintain the monthly maximumincome allowed by federal statutes or regulations, with provisions forincreases as allowed by the Secretary of Health and Human Services by means ofindexing, court order, or fair hearing decree;

(11)  Consider the transfer of assets from theapplicant's name to another name within the specified time period as requiredby federal regulations, known as the "lookback" period, prior to theapplication for medical assistance for care in a nursing home or otherlong-term care facility.  Pursuant to rules adopted under chapter 91, thedirector may attribute any assets that have been transferred within therequired federal "lookback" period from the applicant if the directordetermines that transfer of certain assets was made solely to make theapplicant eligible for assistance under this chapter; and

(12)  Not consider as income or resources any fundsdeposited into a family self-sufficiency escrow account on behalf of aparticipant under a federal housing choice voucher family self-sufficiencyprogram as required or allowed under federal law.

(d)  In determining eligibility for medicalassistance, the department shall require from all applicants and recipients theassignment of any benefits due to a third party liability.  Any rights oramounts so assigned shall be applied against the cost of medical care paidunder this chapter.

(e)  The director shall adopt rules pursuant tochapter 91 defining assets and to determine eligibility for medical assistance;provided that the cash surrender value of life insurance policies owned bypersons included in an application shall be treated as assets. [L 1941, c 296,pt of §1; RL 1945, §4834; am L 1951, c 169, §§1, 2; RL 1955, §108-15; am L1962, c 6, §2; HRS §346-29; am L 1969, c 173, §3; am L 1970, c 105, §5; am L1972, c 32, §1; am L 1975, c 145, §1(2); am L 1976, c 73, §2; am L 1979, c 52,§5; am L 1982, c 67, §1 and c 216, §1; am L 1984, c 95, §5; am L 1986, c 109,§1 and c 160, §4; am L 1987, c 345, §3; am L 1989, c 60, §1 and c 395, §1; am L1990, c 322, §1; am L 1994, c 187, §1; am L 1996, c 300, §§3, 6; am L 1997, c200, §§4, 9, 11; am L 1998, c 127, §§4, 5; am L 2007, c 237, §2; am L 2009, c188, §3]

 

Case Notes

 

  Income tax refund is not "income".  396 F. Supp.375.

  Department's food stamp regulation term "unusualexpense" includes cost of replacing casualty losses not due to recipient'snegligence and which are verifiable.  421 F. Supp. 24.

  In determining need, State must consider reasonable workrelated expenses of applicant for assistance.  438 F. Supp. 238.

  Validity of policies and provisions contained in HawaiiPublic Welfare Manual for evaluating equity that recipients of AFDC benefitsmay have in their home property while receiving assistance.  475 F. Supp. 368.

  Regulations providing that applications be processed within astated period require good faith compliance that is reasonable in view of theresources available to the department to carry out welfare functions.  54 H.125, 504 P.2d 1217.