H.B. 31

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 18, 2006 at 12:24 PM by ddonat. --> 1

PILOT PROGRAM FOR THE PROVISION OF
2 SERVICES FOR PEOPLE WITH
3 DISABILITIES
4 2006 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Ronda Rudd Menlove
7 Senate Sponsor: Peter C. Knudson
8
9 LONG TITLE
10 General Description:
11 This bill establishes a pilot program within the Services to People with Disabilities
12 chapter of the Utah Human Services Code, for the expedited provision of supported
13 employment services to people with disabilities.
14 Highlighted Provisions:
15 This bill:
16 . establishes a pilot program, beginning on July 1, 2006, and ending on July 1, 2008,
17 for the provision of supported employment services to eligible people with
18 disabilities, outside of the H. [ waiting list ] .H prioritization criteria established by the
19 division for the provision of other services;
20 . grants rulemaking authority to the division;
21 . describes a person who is eligible to receive expedited services under this bill;
22 . provides that the division shall establish criteria to determine the order of priority
23 for receiving services under this bill;
24 . provides that the services provided under the pilot program described in this bill do
25 not constitute an entitlement and shall be provided and funded separately from the
26 Medicaid program;
27 . requires the director of the Division of Services for People with Disabilities to

28 report, for consideration and decision, to the Health and Human Services Interim Committee
29 during the 2007 interim regarding whether the pilot program created by this bill should be
30 modified or converted into an ongoing program;
31 . provides, under the Legislative Oversight and Sunset Act, that the pilot program
32 created by this bill will be repealed on July 1, 2008; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 63-55-262, as last amended by Chapter 134, Laws of Utah 2001
41 ENACTS:
42 62A-5-103.1, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 62A-5-103.1 is enacted to read:
46 62A-5-103.1. Pilot program for provision of supported employment services.
47 (1) There is established a pilot program for the provision of supported employment
48 services to be administered by the division, beginning on July 1, 2006, and ending on July 1,
49 2008.
50 (2) The division shall make rules, in accordance with Title 63, Chapter 46a, Utah
51 Administrative Rulemaking Act, as necessary for the implementation and administration of this
52 section.
53 (3) In accordance with Subsection (4), within funds appropriated by the Legislature for
54 the pilot program described in this section, the division shall provide supported employment
55 services to a person with a disability who:
56 (a) is eligible to receive services from the division;
57 (b) H. [ is on the waiting list ] has applied for, and is waiting .H to H. , .H receive
57a services from the division;
58 (c) is not receiving other ongoing services from the division;

59 (d) is not able to receive sufficient supported employment services from other sources;
60 (e) the division determines would substantially benefit from the provision of supported
61 employment services; and
62 (f) does not require the provision of other ongoing services from the division in order
63 to substantially benefit from the provision of supported employment services.
64 (4) (a) The division shall provide supported employment services under this section
65 outside of the H. [ waiting list ] .H prioritization criteria established by the division for the receipt
65a of
66 other services from the division.
67 (b) The division shall establish criteria to determine the priority, between persons
68 eligible for services under this section, for receiving services under this section.
69 (5) It is the intent of the Legislature that the services provided under the pilot program
70 described in this section:
71 (a) shall be provided separately from the Medicaid program described in Title XIX of
72 the Social Security Act;
73 (b) may not be supported with Medicaid funds;
74 (c) may not be provided as part of a Medicaid waiver;
75 (d) do not constitute an entitlement of any kind; and
76 (e) may be withdrawn from a person at any time.
77 (6) The director of the division shall report to the Health and Human Services Interim
78 Committee during the 2007 interim regarding:
79 (a) the operation and accomplishments of the pilot program described in this section;
80 (b) whether the Legislature should convert the pilot program to an ongoing program
81 within the division; and
82 (c) recommendations for changes, if any, relating to the pilot program.
83 (7) During the 2007 interim, the Health and Human Services Interim Committee shall:
84 (a) hear or review the report described in Subsection (6); and
85 (b) determine whether the pilot program described in this section should be converted
86 to an ongoing program within the division.
87 Section 2. Section 63-55-262 is amended to read:
88 63-55-262. Repeal dates, Title 62A.
89 [(1) Section 62A-4a-202.7 , Pilot Program for Differentiated Responses to Child Abuse

90 and Neglect Reports, is repealed July 1, 2005.]
91 [(2)] (1) Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child, is
92 repealed July 1, 2006.
93 (2) Section 62A-5-103.1 , Pilot program for provision of supported employment
94 services, is repealed July 1, 2008.




Legislative Review Note
as of 11-9-05 4:38 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-21-05 12:18 PM

The Health and Human Services Interim Committee recommended this bill.