H.B. 49

1

PILOT PROGRAM FOR DAY SUPPORT
2 SERVICES
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill establishes a pilot program within the Services for People with Disabilities
11 chapter of the Utah Human Services Code, for the expedited provision of day support
12 services to people with disabilities and their families.
13 Highlighted Provisions:
14 This bill:
15 . establishes a pilot program, beginning on July 1, 2007, and ending on July 1, 2009,
16 for the provision of day support services to eligible people with disabilities and their
17 families, outside of the prioritization criteria established by the division for the
18 provision of other services;
19 . grants rulemaking authority to the division;
20 . describes a person who is eligible to receive expedited services under this bill;
21 . provides that the division shall establish criteria to determine the order of priority
22 for receiving services under this bill;
23 . provides that the services provided under the pilot program described in this bill do
24 not constitute an entitlement and shall be provided and funded separately from the
25 Medicaid program;
26 . requires the director of the Division of Services for People with Disabilities to
27 report, for consideration and decision, to the Health and Human Services Interim

28 Committee during the 2008 interim regarding whether the pilot program created by this bill
29 should be modified or converted into an ongoing program;
30 . provides, under the Legislative Oversight and Sunset Act, that the pilot program
31 created by this bill will be repealed on July 1, 2009; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 63-55-262, as last amended by Chapters 82, 116 and 133, Laws of Utah 2006
40 ENACTS:
41 62A-5-103.2, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 62A-5-103.2 is enacted to read:
45 62A-5-103.2. Pilot program for day support services.
46 (1) There is established a pilot program for the provision of day support services to a
47 person with a disability and that person's family, beginning on July 1, 2007, and ending on July
48 1, 2009.
49 (2) The day support services described in Subsection (1) may:
50 (a) provide up to six hours of supervision per day at drop-in day support centers to
51 assist family members of a person with a disability who is in need of day support services; and
52 (b) be provided in exchange for a fee based on a sliding scale as established by the
53 division.
54 (3) The division shall make rules, in accordance with Title 63, Chapter 46a, Utah
55 Administrative Rulemaking Act, as necessary for the implementation and administration of this
56 section.
57 (4) In accordance with Subsection (5), within funds appropriated by the Legislature for
58 the pilot program described in this section, the division shall provide day support services to a

59 person with a disability, and that person's family, if that person:
60 (a) is eligible to receive services from the division;
61 (b) has applied for, and is willing to receive, services from the division;
62 (c) is not receiving other ongoing services from the division;
63 (d) is not able to receive sufficient day support services from other sources;
64 (e) is determined by the division to be a person who would substantially benefit from
65 the provision of day support services; and
66 (f) does not require the provision of other ongoing services from the division in order
67 to substantially benefit from the provision of day support services.
68 (5) (a) The division shall provide day support services under this section outside of the
69 prioritization criteria established by the division for the receipt of other services from the
70 division.
71 (b) The division shall establish criteria to determine the priority, between persons
72 eligible for services under this section, for receiving services under this section.
73 (6) It is the intent of the Legislature that the services provided under the pilot program
74 described in this section:
75 (a) shall be provided separately from the Medicaid program described in Title XIX of
76 the Social Security Act;
77 (b) may not be supported with Medicaid funds;
78 (c) may not be provided as part of a Medicaid waiver;
79 (d) do not constitute an entitlement of any kind; and
80 (e) may be withdrawn from a person at any time.
81 (7) The director of the division shall report to the Health and Human Services Interim
82 Committee during the 2008 interim regarding:
83 (a) the operation and accomplishments of the pilot program described in this section;
84 (b) whether the Legislature should convert the pilot program to an ongoing program
85 within the division; and
86 (c) recommendations for changes, if any, related to the pilot program.
87 (8) During the 2008 interim, the Health and Human Services Interim Committee shall:
88 (a) hear or review the report described in Subsection (7); and
89 (b) determine whether the pilot program described in this section should be converted

90 into an ongoing program within the division.
91 Section 2. Section 63-55-262 is amended to read:
92 63-55-262. Repeal dates, Title 62A.
93 (1) Section 62A-5-103.1 , Pilot program for provision of supported employment
94 services, is repealed July 1, 2008.
95 (2) Section 62A-5-103.2 , Pilot program for day support services, is repealed July 1,
96 2009.




Legislative Review Note
as of 11-16-06 9:41 AM

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-15-06 10:06 AM

The Health and Human Services Interim Committee recommended this bill.