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• 2024 General Session
• H.B. 388

H.B. 388 Person-centered Services Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Acton, Cheryl K.

Floor Sponsor: Sen. Kennedy, Michael S.

• Substitute Sponsor: Rep. Acton, Cheryl K.

• Drafting Attorney: Alan Houston
• Fiscal Analyst: Josh Pittman

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• Bill Text
  • Introduced
  • Enrolled

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• Other Versions
  • H.B. 388
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • House Transmittal Letter 2
    • Senate Transmittal Letter 1
    • Senate Transmittal Letter 2
  • H.B. 388 1st Substitute
    Substitute Sponsor: Acton, C.K.
    

    • Introduced
    • Fiscal Note
    • HB0388 comparison

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• Related Documents
  • Fiscal Note
  • HB0388S01 comparison

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• Information
  • Last Action: 21 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Health and Human Services
  • Services for People with Disabilities

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Enrolled

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H.B. 388

3 26B-6-405

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PERSON-CENTERED SERVICES AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Cheryl K. Acton Senate Sponsor: Michael S. Kennedy

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LONG TITLE

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General Description:

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This bill amends provisions concerning the Division of Services for People with

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Disabilities.

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Highlighted Provisions:

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This bill:

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▸requires the Division of Services for People with Disabilities (division) to report certain

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information upon request by a legislator or legislative committee;

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▸provides that the division must provide notice, hold a public hearing, and fund a

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reasonably equivalent service if the division changes a rule or policy that results in a reduction

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or elimination of day program or supported employment services;

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▸requires the division to support providers in implementing employment preparation

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programs and additional personally meaningful services and supports; and

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▸makes technical and conforming changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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26B-6-405, as renumbered and amended by Laws of Utah 2023, Chapter 308

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 26B-6-405 is amended to read:

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26B-6-405. Division responsibilities -- Policy mediation.

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(1)The division shall establish its rules in accordance with:

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(a)the policy of the Legislature as set forth by this part; and

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(b)Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

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(2)The division shall:

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(a)establish program policy for the division, the developmental center, and programs

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and facilities operated by or under contract with the division;

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(b)establish rules for the assessment and collection of fees for programs within the

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division;

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(c)no later than July 1, 2003, establish a graduated fee schedule based on ability to pay

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and implement the schedule with respect to service recipients and their families

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where not otherwise prohibited by federal law or regulation or not otherwise

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provided for in Section 26B-6-411;

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(d)establish procedures to ensure that private citizens, consumers, private contract

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providers, allied state and local agencies, and others are provided with an opportunity

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to comment and provide input regarding any new policy or proposed revision to an

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existing policy;

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(e)provide a mechanism for systematic and regular review of existing policy and for

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consideration of policy changes proposed by the persons and agencies described

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under Subsection (2)(d);

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(f)establish and periodically review the criteria used to determine who may receive

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services from the division and how the delivery of those services is prioritized within

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available funding;

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(g)review implementation and compliance by the division with policies established by

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the board to ensure that the policies established by the Legislature in this chapter are

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carried out; and

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(h)annually report to the executive director . ; and

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(i) upon request by a legislator or a legislative committee, provide a report detailing

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actions the division has taken to enhance the quality of life for individuals with

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disabilities, including how the division has:

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(i) provided services and support in the most person-centered way, reflecting the

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unique desires, assessed competencies, and limitations of each individual, and in

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the least restrictive environment best suited to each individual's needs;

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(ii) ensured opportunities to access employment; and

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(iii) enabled reasonable personal choice in selecting services and support that

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promotes:

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(A) independence;

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(B) productivity; and

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(C) integration in community life.

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(3) The division may not make, amend, or repeal a rule or policy if the effect of making,

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amending, or repealing the rule or policy would be to reduce or eliminate day program

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services, supported employment services, or employment preparation services for

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individuals with disabilities, unless the division:

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(a) provides notice of the proposed rule or policy change to all persons who would be

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affected by the change at least 30 days before the proposed change becomes effective;

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(b) holds a public hearing on the proposed rule or policy change:

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(i) before the proposed change becomes effective; and

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(ii) no less than seven days nor more than 30 days after the division satisfies the

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notice requirement in Subsection (3)(b)(i); and

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(c) appropriately funds a reasonably equivalent service for individuals served by the

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reduced or eliminated day program services, supported employment services, or

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employment preparation services.

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(4) In accordance with the federal directive to provide services and supports in a setting and

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manner that is person-centered, and to empower individuals whose circumstances and

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disabilities make it unlikely for them to find suitable competitive integrated

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employment, the division shall support providers by permitting the providers maximum

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flexibility in creating and implementing employment preparation programs and

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additional personally meaningful services and supports.

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(3) (5) The executive director shall mediate any differences which arise between the

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policies of the division and those of any other policy board or division in the department.

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Section 2. Effective date. This bill takes effect on May 1, 2024.