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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM W125, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
February 1, 2005


MEMBERS PRESENT:    Rep. Bradley G. Last, Chair
            Rep. Paul Ray, Vice Chair
            Rep. D. Gregg Buxton
            Rep. Patricia W. Jones
            Rep. David Litvack
            Rep. Rebecca Lockhart
            Rep. Steven R. Mascaro
            
MEMBERS ABSENT:    Rep. Ronda R. Menlove

STAFF PRESENT:        Mark Andrews, Policy Analyst
            Sylvia Newton, House Secretary

Note:    A list of visitors and copy of handouts are filed with committee minutes.


Rep. Last called the meeting to order at 9:01 a.m.

MOTION:    Rep. Ray moved to approve the minutes of the January 28, 2005 meeting. The motion passed unanimously with Rep. Jones and Rep. Litvack absent for the vote.


H.B. 79    Provision of Services for People with Disabilities (Rep. R. Lockhart)

MOTION:    Rep. Lockhart moved to amend the bill as follows:

1.    Page 2, Lines 29 through 31 :    

             29          .    prohibits the Division of Services for People with Disabilities from disbursing
             30      public funds to pay for the services of a direct service worker, unless the direct
             31      service worker successfully completes a background check
  or, after submitting the required information for a background check, and before a determination on the background check is made, the direct service worker is directly supervised by a direct service worker who successfully completes a background check       ;


2.    Page 11, Line 322 :    

             322          (i) monitor and sanction approved providers
  , as specified in the providers' contract       ;




3.    Page 12, Lines 359 through 367 :    

             359          (1) For purposes of this section
  :

    (a)  
"office" is as defined in Section 62A-2-101      {   .   }        ; and

    (b)    "directly supervised" means that the person being supervised is under the uninterrupted visual and auditory surveillance of the person doing the supervising.  

             360          (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service
             361      worker for personal services rendered to a person, unless
  :

    (a)  
the direct service worker is approved

             362      by the office to have direct access and provide services to children or vulnerable adults
             363      pursuant to Section 62A-2-120
{   .   }        ; or

    (b)    (i)    during the time that the direct service worker renders the services described in this Subsection (2), the direct service worker who renders the services is directly supervised by a direct service worker who is approved by the office to have direct access and provide services to children or vulnerable adults pursuant to Section 62A-2-120;
        (ii)    the direct service worker who renders the services described in this Subsection (2) has submitted the information required for a background check pursuant to Section 62A-2-120; and
        (iii)    the office has not determined whether to approve the direct service worker described in Subsection (2)(b)(ii) to have direct access and provide services to children or vulnerable adults.  

             364          (3) For purposes of Subsection (2), the office shall conduct a background check of a
             365      direct service worker:
             366          (a)
  , except as provided in Subsection (2)(b),       before public funds are disbursed to pay the direct service worker for the personal

             367      services described in Subsection (2); and

The motion to amend the bill passed unanimously with Rep. Jones absent for the vote.

Rep. Lockhart introduced H.B. 79 as amended and explained it to the committee. She was assisted by George Kelner, Division of Services for People with Disabilities.





Spoke in favor of the bill:    LaMonte Dansie, Utah Association of Community Services
                        Joyce Dolcourt, Legislative Coalition for People with Disabilities
                        
MOTION:    Rep. Ray moved to pass the bill as amended out favorably. The motion passed unanimously with Rep. Jones absent for the vote.


H.B. 22    Intercountry Adoption Accreditation (Rep. R. McGee)

Rep. McGee introduced H.B. 22 and explained it to the committee. She was assisted by Mark Duke, Utah Adoption Council.

Spoke to the bill:    Ken Stettler, Office of Licensing, Department of Human Services (handout)

MOTION:    Rep. Litvack moved to pass the bill out favorably. The motion passed unanimously with Rep. Lockhart and Rep. Ray absent for the vote.


MOTION:    Rep. Buxton moved to adjourn the meeting. The motion passed unanimously with Rep. Lockhart and Rep. Ray absent for the vote.

Rep. Last adjourned the meeting at 9:27 a.m.





                        
                        Rep. Bradley G. Last
                        Committee Chair