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Enrolled SB 174: Relating to the duties of the Department of Health and Social Services; and relating to the administration of programs for persons with physical and mental disabilities.

00 Enrolled SB 174                                                                                                         
01 Relating to the duties of the Department of Health and Social Services; and relating to the                             
02 administration of programs for persons with physical and mental disabilities.                                           
03                           _______________                                                                               
04    * Section 1. AS 47.80 is amended by adding a new section to article 3 to read:                                       
05            Sec. 47.80.095. Legislative findings related to persons with disabilities;                                   
06       policy. (a) The legislature finds that                                                                            
07                 (1)  self-direction and autonomy enhance quality of life, support                                       
08       independence, build self-confidence, and generate skills that help people protect                                 
09       themselves from abuse;                                                                                            
10 (2)  the people of the state share a vision of a flexible system of support                                             
11 for persons with physical and mental disabilities that allows persons with physical and                                 
12 mental disabilities to participate actively, with assistance based on each person's                                     
13 strengths and abilities, in managing their own support services so that all persons with                                
01 physical and mental disabilities can achieve a meaningful life in their homes, jobs, and                                
02       communities; and                                                                                                  
03 (3)  as a part of this vision, professional staff and support services                                                  
04 should be made available to families of persons with physical and mental disabilities                                   
05       throughout the state now and into the future.                                                                     
06 (b)  It is the policy of the state that the department and the legislature consider                                     
07 the vision of support services described in (a) of this section when determining the                                    
08 need for new and existing services for persons with physical and mental disabilities                                    
09 and establishing priorities among those needs. It is also the policy of the state to                                    
10 encourage and enable persons with physical and mental disabilities to participate fully                                 
11       in the social and economic life of the state.                                                                     
12            (c)  Nothing in this section                                                                                 
13                 (1)  creates a right;                                                                                   
14 (2)  supersedes another law relating to eligibility for programs for                                                    
15       persons with physical or mental disabilities; or                                                                  
16 (3)  authorizes the department to apply for a waiver under 42 U.S.C.                                                    
17 1396n(j) to provide medical assistance payments for self-directed personal assistance                                   
18       services.                                                                                                         
19    * Sec. 2. AS 47.80.130(a) is amended to read:                                                                        
20            (a)  The department shall                                                                                    
21 (1)  develop budgets and receive and distribute appropriations and                                                      
22       funds under this section;                                                                                         
23 (2)  adopt regulations regarding standards of services and facilities for                                               
24 persons with disabilities and the quality of services and the process by which services                                 
25       are to be delivered;                                                                                              
26                 (3)  adopt any other regulations necessary to implement this chapter;                                   
27 (4)  provide technical assistance to public and private agencies in                                                     
28       planning, developing, and implementing programs to serve persons with disabilities;                               
29 (5)  operate programs and facilities and enter into agreements,                                                         
30       contracts, or grants necessary to provide services required under this chapter;                                   
31 (6)  take the actions and undertake the obligations that are necessary to                                               
01       participate in federal grant-in-aid programs and accept federal or other financial aid                            
02       for the study, examination, care, and treatment of persons with disabilities;                                   
03 (7)  take a flexible approach to administering programs for persons                                                   
04 with disabilities that allows each person to participate actively, with assistance                                    
05 based on the person's strengths and abilities, in managing the person's support                                       
06 services so that the person can achieve a meaningful life in the person's home,                                       
07       job, and community.