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Haw. Rev. Stat. § 353G-16

Funding sources

Known as the Criminal Offender Treatment Act

The act spans §§ 353G-1 to 353G-9 (18 sections).

L 1998, c 152, pt of §2; am L 2011, c 43, §12; am L 2022, c 278, §29

(a) The department of corrections and rehabilitation, with the assistance of the department of health, may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of corrections and rehabilitation may implement the assessment and treatment services mandated pursuant to this chapter. If at any time funds are not available, the department may not be required to provide these services. In addition, the department of corrections and rehabilitation, in conjunction with the department of health, may pursue all available federal matching funds through medicaid for nonhospital residential alcohol and other drug treatment services from the United States Centers for Medicare and Medicaid Services.

(b) Where the person to whom assessment services or treatment services are provided pursuant to this chapter is a member of a health maintenance organization or otherwise covered by any contract or program for health insurance, every reasonable effort shall be made to ensure that the cost of assessment services and treatment services are defrayed by the health maintenance organization or insurer. Notwithstanding any other law to the contrary, where a health maintenance organization, insurer, or managed care contractor disputes the treatment recommendation accepted by the appropriate authority pursuant to this chapter, the treatment recommendation shall prevail and shall be deemed to be reasonable and appropriate.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.