This document includes House Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 10:20 AM by ryoung.
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7 LONG TITLE
8 General Description:
9 This bill addresses dental care services provided to individuals with intellectual
10 disabilities.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the superintendent of the developmental center to report to the Health and
14 Human Services Interim Committee on:
15 • the availability of dental services for individuals with intellectual disabilities;
16 • the use of funds appropriated for the dental care of individuals with intellectual
17 disabilities; and
18 • the progress toward the establishment of a financially independent dental clinic
19 for individuals with intellectual disabilities; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2017:
23 ▸ to the Department of Human Services -- Services for People with Disabilities --
24 Utah State Developmental Center as an ongoing appropriation:
25 • from the General Fund, Ĥ→ [
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 62A-5-201, as last amended by Laws of Utah 2011, Chapter 366
31 ENACTS:
32 62A-5-211, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 62A-5-201 is amended to read:
36 62A-5-201. Utah State Developmental Center.
37 (1) The intermediate care facility for people with an intellectual disability located in
38 American Fork City, Utah County, shall be known as the "Utah State Developmental Center."
39 (2) Within appropriations authorized by the Legislature, the role and function of the
40 developmental center is to:
41 (a) provide care, services, and treatment to persons described in Subsection (3); and
42 (b) provide the following services and support to persons with disabilities who do not
43 reside at the developmental center:
44 (i) psychiatric testing;
45 (ii) specialized medical [
46 (iii) specialized dental treatment and evaluation;
47 [
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51 families, public organizations, providers of community and family support services, and courts.
52 (3) Except as provided in Subsection (6), within appropriations authorized by the
53 Legislature, and notwithstanding the provisions of Part 3, Admission to an Intermediate Care
54 Facility for People with an Intellectual Disability, only the following persons may be residents
55 of, be admitted to, or receive care, services, or treatment at the developmental center:
56 (a) persons with an intellectual disability;
57 (b) persons who receive services and supports under Subsection (2)(b); and
58 (c) persons who require at least one of the following services from the developmental
59 center:
60 (i) continuous medical care;
61 (ii) intervention for conduct that is dangerous to self or others; or
62 (iii) temporary residential assessment and evaluation.
63 (4) (a) Except as provided in Subsection (6), the division shall, in the division's
64 discretion:
65 (i) place residents from the developmental center into appropriate less restrictive
66 placements; and
67 (ii) determine each year the number to be placed based upon the individual assessed
68 needs of the residents.
69 (b) The division shall confer with parents and guardians to ensure the most appropriate
70 placement for each resident.
71 (5) Except as provided in Subsection (7), within appropriations authorized by the
72 Legislature, and notwithstanding the provisions of Subsection (3) and Part 3, Admission to an
73 Intermediate Care Facility for People with an Intellectual Disability, a person who is under 18
74 years of age may be a resident of, admitted to, or receive care, services, or treatment at the
75 developmental center only if the director certifies in writing that the developmental center is
76 the most appropriate placement for that person.
77 (6) (a) If the division determines, pursuant to Utah's Community Supports Waiver
78 [
79 person who otherwise qualifies for placement in an intermediate care facility for people with an
80 intellectual disability should receive services in a home or community-based setting, the
81 division shall:
82 (i) if the person does not have a legal representative or legal guardian:
83 (A) inform the person of any feasible alternatives under the waiver; and
84 (B) give the person the choice of being placed in an intermediate care facility for
85 people with an intellectual disability or receiving services in a home or community-based
86 setting; or
87 (ii) if the person has a legal representative or legal guardian:
88 (A) inform the legal representative or legal guardian of any feasible alternatives under
89 the waiver; and
90 (B) give the legal representative or legal guardian the choice of having the person
91 placed in an intermediate care facility for people with an intellectual disability or receiving
92 services in a home or community-based setting.
93 (b) If a person chooses, under Subsection (6)(a)(i), to be placed in an intermediate care
94 facility for people with an intellectual disability instead of receiving services in a home or
95 community-based setting, the division shall:
96 (i) ask the person whether the person prefers to be placed in the developmental center
97 rather than a private intermediate care facility for people with an intellectual disability; and
98 (ii) if the person expresses a preference to be placed in the developmental center:
99 (A) place the person in the developmental center if the cost of placing the person in the
100 developmental center is equal to, or less than, the cost of placing the person in a private
101 intermediate care facility for people with an intellectual disability; or
102 (B) (I) strongly consider the person's preference to be placed in the developmental
103 center if the cost of placing the person in the developmental center exceeds the cost of placing
104 the person in a private intermediate care facility for people with an intellectual disability; and
105 (II) place the person in the developmental center or a private intermediate care facility
106 for people with an intellectual disability.
107 (c) If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to
108 have the person placed in an intermediate care facility for people with an intellectual disability
109 instead of receiving services in a home or community-based setting, the division shall:
110 (i) ask the legal representative or legal guardian whether the legal representative or
111 legal guardian prefers to have the person placed in the developmental center rather than a
112 private intermediate care facility for people with an intellectual disability; and
113 (ii) if the legal representative or legal guardian expresses a preference to have the
114 person placed in the developmental center:
115 (A) place the person in the developmental center if the cost of placing the person in the
116 developmental center is equal to, or less than, the cost of placing the person in a private
117 intermediate care facility for people with an intellectual disability; or
118 (B) (I) strongly consider the legal representative's or legal guardian's preference for the
119 person's placement if the cost of placing the person in the developmental center exceeds the
120 cost of placing the person in a private intermediate care facility for people with an intellectual
121 disability; and
122 (II) place the person in the developmental center or a private intermediate care facility
123 for people with an intellectual disability.
124 (7) The certification described in Subsection (5) is not required for a person who
125 receives services and support under Subsection (2)(b).
126 Section 2. Section 62A-5-211 is enacted to read:
127 62A-5-211. Dental services reporting.
128 The superintendent of the developmental center shall provide to the Health and Human
129 Services Interim Committee an annual report that contains:
130 (1) a statewide assessment of resources that provide dental services for individuals
131 with intellectual disabilities;
132 (2) an accounting of the funds appropriated to provide specialized dental treatment and
133 evaluation under Subsection 62A-5-201(2)(b)(iii), including the number of individuals served
134 and the services provided; and
135 (3) the progress toward the establishment of a financially independent dental clinic
136 that:
137 (a) has a full-time dentist who has specialized training to treat an individual with an
138 intellectual disability; and
139 (b) has the facility, equipment, and staff necessary to legally and safely perform dental
140 procedures and examinations and to administer general anesthesia.
141 Section 3. Appropriation.
142 The following sums of money are appropriated for the fiscal year beginning July 1,
143 2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
144 fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
145 Act, the Legislature appropriates the following sums of money from the funds or accounts
146 indicated for the use and support of the government of the state of Utah.
147 ITEM 1
148 To the Department of Human Services -- Services for People with Disabilities
149 From General Fund Ĥ→ [
150 Schedule of Programs:
151 Utah State Developmental Center Ĥ→ [
152 The Legislature intends that:
153 (1) this appropriation be used to provide specialized dental treatment and evaluation
154 under Subsection 62A-5-201(2)(b)(iii);
155 (2) this appropriation be ongoing until the Health and Human Services Interim
156 Committee certifies that a financially independent dental clinic described in Subsection
157 62A-5-211(3) is established;
158 (3) under Section 63J-1-603, appropriations provided under this section not lapse; and
159 (4) the use of any nonlapsing funds be limited to the purpose described in Subsection
160 (1).
Legislative Review Note
Office of Legislative Research and General Counsel