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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
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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.