The bill aims to enhance the integration of individuals with disabilities into community settings by ensuring that services and programs are delivered in the most inclusive and appropriate environments.
Key Provisions:
Integrated Service Delivery:
Public and governmental entities are required to administer services, programs, and activities in the most integrated setting appropriate to the needs of individuals with disabilities.
Provision of Home- and Community-Based Services:
Entities must provide home- and community-based services to individuals with disabilities, ensuring opportunities to live, work, and be served in integrated settings.
Assessment of Service Cuts:
If an entity reduces services, it must assess whether the reduction increases the risk of institutionalization for individuals receiving services. If so, the entity must develop a plan to mitigate that risk. Development of a Community Integration Plan:
The Department of Health Care Policy and Financing is directed to develop a comprehensive community integration plan, which must be reviewed and updated every three years.
Exemption Clause:
Entities are not required to comply with the provisions if they can demonstrate that doing so would necessitate a fundamental alteration of their program, services, or activities.
Summary
The bill establishes that public and governmental entities (entities)
shall administer services, programs, and activities in the most integrated setting that is appropriate to the needs of individuals with disabilities. The bill establishes when entities are required to provide home- and community-based services (services) to individuals with disabilities.
If an entity cuts services, the entity shall assess whether the service cut increases the risk of institutionalization for individuals receiving services. If so, the entity must develop a plan to reduce that risk.
The bill directs the department of health care policy and financing
to develop a comprehensive community integration plan (plan) for implementing its obligation to provide individuals with disabilities with opportunities to live, work, and be served in integrated settings. The plan must be reviewed and updated every 3 years.
An entity is not required to comply with the provisions of the bill
if it can establish that doing so would require a fundamental alteration of its program, services, or activities.
