1     
STATE DEVELOPMENTAL CENTER DENTAL CLINIC

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2017 GENERAL SESSION

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STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

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House Sponsor: Michael S. Kennedy

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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, $650,000.
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
33     

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 [and dental] treatment and evaluation;
46          (iii) specialized dental treatment and evaluation;
47          [(iii)] (iv) family and client special intervention;
48          [(iv)] (v) crisis management;
49          [(v)] (vi) occupational, physical, speech, and audiology services; and
50          [(vi)] (vii) professional services, such as education, evaluation, and consultation, for
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     [(CSW)] for Individuals with Intellectual Disabilities and Other Related Conditions, that a
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
$650,000

150               Schedule of Programs:
151                    Utah State Developmental Center          $650,000

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