HB 72: "An Act relating to the provision of services for persons with handicaps; substituting, in the chapter relating to the rights of persons with handicaps and programs for the benefit of persons with handicaps, references to 'disabilities' for references to 'handicaps'; correcting references in that chapter in certain definitions; and correcting in that chapter a reference to an act under which federal financial support is provided for the support of education of the handicapped."
00HOUSE BILL NO. 72 01 "An Act relating to the provision of services for persons with handicaps; 02 substituting, in the chapter relating to the rights of persons with handicaps and 03 programs for the benefit of persons with handicaps, references to 'disabilities' for 04 references to 'handicaps'; correcting references in that chapter in certain 05 definitions; and correcting in that chapter a reference to an act under which 06 federal financial support is provided for the support of education of the 07 handicapped." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 47.80.010 is amended to read: 10 Sec. 47.80.010. Rights of persons with disabilities [HANDICAPS]. Persons 11 with disabilities [HANDICAPS] have the same legal rights and responsibilities 12 guaranteed all other persons by the Constitution of the United States and federal laws 13 and by the constitution and laws of the state. An otherwise qualified person may not 14 be excluded, by reason of having a disability [HANDICAP], from participation in, be
01 denied the benefits of, or be subjected to discrimination under, any program or activity 02 that receives public funds. Some persons with disabilities [HANDICAPS] may be 03 unable, due to the severity of their disability [HANDICAP], to exercise for themselves 04 all of their rights in a meaningful way; for others , modification of some or all of their 05 rights is appropriate. The procedure used for modification of rights must contain 06 proper legal safeguards against every form of abuse, must be based on an evaluation 07 of the social capability of the person by qualified experts, and must be subject to 08 periodic reviews and to the right of appeal to higher authorities. 09 * Sec. 2. AS 47.80.020 is amended to read: 10 Sec. 47.80.020. Protection and advocacy of rights. The department shall 11 establish a system to protect and advocate rights of persons with disabilities 12 [HANDICAPS]. The system 13 (1) has the authority to pursue legal, administrative, and other 14 appropriate remedies to assure the protection of the rights of persons with disabilities 15 [HANDICAPS]; and 16 (2) shall be independent of any state agency that provides treatment, 17 services, or habilitation of persons with disabilities [HANDICAPS]. 18 * Sec. 3. AS 47.80.040(f) is amended to read: 19 (f) In the appointment of all members other than state agency members, due 20 regard shall be given to geographically balanced representation of areas of the state 21 and to representation of persons with a variety of different mental and physical 22 disabilities [HANDICAPS]. 23 * Sec. 4. AS 47.80.100(a) is amended to read: 24 (a) The Department of Health and Social Services, the Department of 25 Education, and other departments of the state as appropriate [,] shall, in coordination, 26 plan, develop, and implement a comprehensive system of services and facilities for 27 persons with disabilities [HANDICAPS], that is consistent with the state plan adopted 28 under AS 47.80.090(5) and is dispersed geographically within the state. 29 * Sec. 5. AS 47.80.100(b) is amended to read: 30 (b) The services required in (a) of this section are specialized services or 31 special adaptations of services available to the general population and shall be directed
01 toward the social, personal, physical, or economic habilitation or rehabilitation of 02 persons with disabilities [HANDICAPS]. 03 * Sec. 6. AS 47.80.110 is amended to read: 04 Sec. 47.80.110. Program principles. The system of services and facilities 05 required under AS 47.80.100 shall accord with the principles that service providers 06 shall 07 (1) make services available at times and locations that enable residents 08 of the provider's service area to obtain services readily; 09 (2) ensure each client's right to confidentiality and treatment with 10 dignity; 11 (3) establish staffing patterns that reflect the cultural, linguistic, and 12 other social characteristics of the community and that incorporate multidisciplinary 13 professional staff to meet client functional levels and diagnostic and treatment needs; 14 (4) promote client and family participation in formulating, delivering, 15 and evaluating treatment and rehabilitation; 16 (5) design treatment and habilitation to maximize individual potential 17 and minimize institutionalization; and 18 (6) provide services in the least restrictive setting, enabling a person 19 to live as normally as possible within the limitations of the disability [HANDICAP]. 20 * Sec. 7. AS 47.80.120 is amended to read: 21 Sec. 47.80.120. Habilitation plans. A state agency, contractor, or grantee who 22 is directly responsible for providing services to a person [PERSONS] with a disability 23 [HANDICAPS] shall develop an individual habilitation plan for each person whose 24 program of services uses [UTILIZES] state funds. The plan shall be completed in 25 writing and furnished to the department within 30 days of admission of a client to the 26 program of services. The plan, its renewals, and any changes of it, shall have the 27 written concurrence of the client, or the client's parent or guardian when appropriate, 28 and the agency or contractor responsible for providing services. The development and 29 content of a plan shall conform to requirements established by the department by 30 regulation. Insofar as practicable, the requirements shall conform to those established 31 for individual habilitation plans under P.L. 91-517 or P.L. 94-103, as amended. Each
01 plan shall be time-limited, evaluated, and renewed at least annually. 02 * Sec. 8. AS 47.80 is amended by adding a new section to read: 03 Sec. 47.80.125. Provision of habilitation services. The state agency, 04 contractor, or grantee who is directly responsible for providing services to a person 05 with a disability shall initiate the provision of those services to the person in 06 accordance with the person's individual habilitation plan developed under AS 47.80.120 07 no later than the following number of days after the plan is furnished to the 08 department: 09 (1) for a plan furnished to the department on or after January 1, 2000, 10 and through December 31, 2000 - 90 days; 11 (2) for a plan furnished to the department on or after January 1, 2001, 12 and through December 31, 2001 - 60 days; and 13 (3) for a plan furnished to the department on or after January 1, 2002 14 - 30 days. 15 * Sec. 9. AS 47.80.130(a) is amended to read: 16 (a) The department shall 17 (1) develop budgets and receive and distribute appropriations and funds 18 under this section; 19 (2) adopt regulations regarding standards of services and facilities for 20 persons with disabilities [HANDICAPS] and the quality of services and the process 21 by which services are to be delivered; 22 (3) adopt any other regulations necessary to implement this chapter; 23 (4) provide technical assistance to public and private agencies in 24 planning, developing, and implementing programs to serve [HANDICAPPED] persons 25 with disabilities ; 26 (5) operate programs and facilities, and enter into agreements, contracts, 27 or grants necessary to provide services required under this chapter; 28 (6) take the actions and undertake the obligations that are necessary to 29 participate in federal grant-in-aid programs and accept federal or other financial aid for 30 the study, examination, care , and treatment of persons with disabilities [THE 31 HANDICAPPED].
01 * Sec. 10. AS 47.80.130(c) is amended to read: 02 (c) The Department of Education may make applications for, receive, and 03 expend grants under 20 U.S.C. 1400 - 1462 (Education of the Handicapped Act), as 04 amended (Title VI, P.L. 91-230) [P.L. 91-230 (THE EDUCATION FOR THE 05 HANDICAPPED ACT), AS AMENDED], and otherwise exercise the powers and 06 perform the functions necessary to comply with those provisions of federal law 07 [THAT ACT]. 08 * Sec. 11. AS 47.80.150(a) is amended to read: 09 (a) A person with a disability [HANDICAP] or the person's legal 10 representative acting in a representative capacity, the person's spouse, or the person's 11 parents if the person is a minor [,] shall pay or contribute to the payment of the 12 charges for the care or treatment in accordance with the fee schedule adopted under 13 AS 44.29.022. The order of the department relating to the payment of charges shall 14 be prospective in effect and may relate only to charges to be incurred, except that , if 15 a person intentionally conceals ability to pay, the person shall be ordered to pay to the 16 extent of the person's ability to pay the charges accruing during the period of the 17 concealment. The order of the department relating to the payment of charges by the 18 person with a disability [HANDICAP] or the person's legal representative, or the 19 person's spouse or parents, shall be issued within six months of the date on which the 20 charge was incurred. The department may make necessary investigations to determine 21 the ability to pay. The order shall remain in full force and effect unless modified by 22 subsequent court or department orders. 23 * Sec. 12. AS 47.80.150(b) is amended to read: 24 (b) As used in (a) of this section, the term " charges for [ACTUAL COST OF] 25 the care and treatment" means the lesser of (1) the rate provided for by a contract 26 entered into under this chapter, (2) the fee established under AS 44.29.022 for services 27 provided under this chapter , or [,] (3) if the person is under the age of 18, the cost of 28 care of a person of the same age who is not a person with a disability [HANDICAP] 29 and who resides with a parent or guardian, and includes expenses of transportation 30 incidental to treatment and carrying out the intent of this chapter. In establishing fees 31 for services under this chapter, the commissioner shall consider the income and family
01 size of the responsible party, age of the person receiving the services, and other factors 02 that relate to the ability to pay. Fees may not exceed the actual cost of the care or 03 treatment. 04 * Sec. 13. AS 47.80.150(e) is amended to read: 05 (e) All money paid to the department by the person with a disability 06 [HANDICAP] or on the person's behalf, under this section, shall be deposited in the 07 general fund. 08 * Sec. 14. AS 47.80.150(f) is amended to read: 09 (f) If an order of payment is entered by the department under this section and 10 delinquency in the payment of any amount due the state under the order continues for 11 a period of more than 30 days after the notification by the department to the person, 12 the legal representative, parent, or spouse of the person with a disability 13 [HANDICAP], the state may proceed to collect the amounts due by appropriate 14 proceedings. Actions to enforce the collection of payments may only be brought 15 within three years after the date of notification of a delinquent payment. 16 * Sec. 15. AS 47.80.900(3) is amended to read: 17 (3) "facilities for persons with disabilities [HANDICAPS]" means 18 publicly or privately operated facilities, or specified portions of facilities, designed 19 primarily for the delivery of services to those persons; the term includes but is not 20 limited to residential facilities; 21 * Sec. 16. AS 47.80.900(4) is amended to read: 22 (4) "habilitation" means education or training for persons with 23 disabilities [THE HANDICAPPED] to enable them to function better in society; 24 * Sec. 17. AS 47.80.900(5) is amended to read: 25 (5) "least restrictive setting" means a residential or other setting for 26 meeting the needs of a [HANDICAPPED] person with a disability that [WHICH] 27 requires the least amount of restriction of personal liberty by enabling the person to 28 function in as normal an environment as possible and to live as normally as possible, 29 within the limitations of the disability [HANDICAP]; 30 * Sec. 18. AS 47.80.900(6) is amended to read: 31 (6) "person with a disability [HANDICAP]" means a person with a
01 developmental disability as defined in (7) of this section or a person who is hard of 02 hearing, deaf, speech impaired, visually impaired [HANDICAPPED], seriously 03 emotionally disturbed, orthopedically or otherwise health impaired, or who has a 04 specific learning disability; the term includes but is not limited to "exceptional 05 children" as defined in AS 14.30.350; 06 * Sec. 19. AS 47.80.900(8) is amended to read: 07 (8) "residential facility" means a publicly or privately operated facility 08 that provides 24-hour care for four or more persons with disabilities [HANDICAPS], 09 excluding family, foster family, or adoptive homes; 10 * Sec. 20. AS 47.80.900(9) is amended to read: 11 (9) "substantial functional limitation [HANDICAP]" means a disability 12 that prevents or substantially impedes the person's participating in and benefiting from 13 the social, economic, educational, recreational, or other opportunities generally 14 available to peers in the community who are not similarly disabled [HANDICAPPED].