SB 174: "An Act 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 SENATE BILL NO. 174 01 "An Act relating to the duties of the Department of Health and Social Services; and 02 relating to the administration of programs for persons with physical and mental 03 disabilities." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.80 is amended by adding a new section to article 3 to read: 06 Sec. 47.80.095. Legislative findings related to persons with disabilities; 07 policy. (a) The legislature finds that 08 (1) self-direction and autonomy enhance quality of life, support 09 independence, build self-confidence, and generate skills that help people protect 10 themselves from abuse; 11 (2) the people of the state share a vision of a flexible system of support 12 for persons with physical and mental disabilities that allows persons with physical and 13 mental disabilities to participate actively, with assistance based on each person's 14 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.