1     
DISABILITY ACT COMPLIANCE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Department of Human Services to identify barriers an individual
10     with a disability experiences in obtaining services and provide a report to the
11     Legislature.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms; and
15          ▸     requires the Department of Human Services to:
16               •     identify barriers an individual with a disability experiences in obtaining access
17     to services; and
18               •     provide a report to the Health and Human Services Interim Committee regarding
19     a proposal for a disability ombudsman program to address the barriers.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          63I-2-262, as last amended by Laws of Utah 2019, Chapters 136 and 440
27     ENACTS:
28          62A-5-111, Utah Code Annotated 1953

29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 62A-5-111 is enacted to read:
32          62A-5-111. Disability ombudsman program -- Report.
33          (1) As used in this section, "rights and privileges of an individual with a disability"
34     means the rights and privileges of an individual with a disability described in:
35          (a) Subsections 62A-5b-103(1) through (3);
36          (b) 42 U.S.C. 12181 through 12189 of the Americans with Disabilities Act of 1990; or
37          (c) 28 C.F.R. Part 36 of the Code of Federal Regulations.
38          (2) The department shall:
39          (a) identify and evaluate barriers an individual with a disability experiences in
40     obtaining access to services in the community that are intended to protect the rights and
41     privileges of an individual with a disability;
42          (b) determine the duties and role of an ombudsman program in protecting the rights
43     and privileges of an individual with a disability and addressing the barriers identified in
44     Subsection (2)(a);
45          (c) based on the information described in Subsections (2)(a) and (b), develop a
46     proposal for an ombudsman program to promote and advocate for the rights and privileges of
47     an individual with a disability; and
48          (d) before November 30, 2021, report to the Health and Human Services Interim
49     Committee regarding the proposal described in Subsection (2)(c) and any recommendations for
50     implementation of the proposal.
51          (3) In developing the proposal described in Subsection (2)(c), the department shall:
52          (a) review statutes, policies, and programs in other states relating to an ombudsman
53     who provides services to an individual with a disability; and
54          (b) consult with:
55          (i) the Department of Health; and

56          (ii) other stakeholders, as determined by the department.
57          Section 2. Section 63I-2-262 is amended to read:
58          63I-2-262. Repeal dates -- Title 62A.
59          (1) Subsection 62A-5-103.1(6) is repealed January 1, 2023.
60          (2) Section 62A-5-111 is repealed January 1, 2021.