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7 LONG TITLE
8 General Description:
9 This bill amends provisions concerning the Division of Services for People with
10 Disabilities.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Division of Services for People with Disabilities (division) to report
14 certain information upon request by a legislator or legislative committee;
15 ▸ provides that the division must provide notice, hold a public hearing, and fund a
16 reasonably equivalent service if the division changes a rule or policy that results in a
17 reduction or elimination of day program or supported employment services;
18 ▸ requires the division to support providers in implementing employment preparation
19 programs and additional personally meaningful services and supports; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 26B-6-405, as renumbered and amended by Laws of Utah 2023, Chapter 308
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 26B-6-405 is amended to read:
31 26B-6-405. Division responsibilities -- Policy mediation.
32 (1) The division shall establish its rules in accordance with:
33 (a) the policy of the Legislature as set forth by this part; and
34 (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
35 (2) The division shall:
36 (a) establish program policy for the division, the developmental center, and programs
37 and facilities operated by or under contract with the division;
38 (b) establish rules for the assessment and collection of fees for programs within the
39 division;
40 (c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay
41 and implement the schedule with respect to service recipients and their families where not
42 otherwise prohibited by federal law or regulation or not otherwise provided for in Section
43 26B-6-411;
44 (d) establish procedures to ensure that private citizens, consumers, private contract
45 providers, allied state and local agencies, and others are provided with an opportunity to
46 comment and provide input regarding any new policy or proposed revision to an existing
47 policy;
48 (e) provide a mechanism for systematic and regular review of existing policy and for
49 consideration of policy changes proposed by the persons and agencies described under
50 Subsection (2)(d);
51 (f) establish and periodically review the criteria used to determine who may receive
52 services from the division and how the delivery of those services is prioritized within available
53 funding;
54 (g) review implementation and compliance by the division with policies established by
55 the board to ensure that the policies established by the Legislature in this chapter are carried
56 out; [
57 (h) annually report to the executive director[
58 (i) upon request by a legislator or a legislative committee, provide a report detailing
59 actions the divisions has taken to enhance the quality of life for individuals with disabilities,
60 including how the division has:
61 (i) provided services and support in the most person-centered way, reflecting the
62 unique desires, assessed competencies, and limitations of each individual, and in the least
63 restrictive environment best suited to each individual's needs;
64 (ii) ensured opportunities to access employment; and
65 (iii) enabled reasonable personal choice in selecting services and support that
66 promotes:
67 (A) independence;
68 (B) productivity; and
69 (C) integration in community life.
70 (3) The division may not make, amend, or repeal a rule or policy if the effect of
71 making, amending, or repealing the rule or policy would be to reduce or eliminate day program
72 services, supported employment services, or employment preparation services for individuals
73 with disabilities, unless the division:
74 (a) provides notice of the proposed rule or policy change to all persons who would be
75 affected by the change at least 30 days before the proposed change becomes effective;
76 (b) holds a public hearing on the proposed rule or policy change:
77 (i) before the proposed change becomes effective; and
78 (ii) no less than seven days nor more than 30 days after the division satisfies the notice
79 requirement in Subsection (3)(b)(i); and
80 (c) appropriately funds a reasonably equivalent service for individuals served by the
81 reduced or eliminated day program services, supported employment services, or employment
82 preparation services.
83 (4) In accordance with the federal directive to provide services and supports in a setting
84 and manner that is person-centered, and to empower individuals whose circumstances and
85 disabilities make it unlikely for them to find suitable competitive integrated employment, the
86 division shall support providers by permitting the providers maximum flexibility in creating
87 and implementing employment preparation programs and additional personally meaningful
88 services and supports.
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90 policies of the division and those of any other policy board or division in the department.
91 Section 2. Effective date.
92 This bill takes effect on May 1, 2024.