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F I S C A L I M P A C T R E P O R T

SPONSOR Rodriguez

ORIGINAL DATE

LAST UPDATED

2/1/07

HB

SHORT TITLE

TERMS FOR PERSONS WITH DISABILITIES

SB 289

ANALYST Weber

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI see Fiscal Impact

Section

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Human Services Department (HSD)

Commission for Deaf and Hard-of-Hearing Persons

Department of Health (DOH)

Governor’s Commission on Disability

SUMMARY

Synopsis of Bill

Senate Bill 289 proposes changes to language in multiple laws that refer to persons with

disabilities and proposes other changes to establish gender neutrality. This would replace

formerly used words such as handicapped, blind and mentally retarded and other language with

more currently acceptable terms that emphasizes people first rather than the disability first, such

as persons with disabilities, persons with physical disabilities, persons with visual impairments,

etc.

FISCAL IMPLICATIONS

There is one change in 25-10-5 lines 19 and 20 on page 65 that has fiscal implications and

hinders the legislative appropriation process. The word available is changed to appropriated

regarding the use of funds at the Governor’s Commission on Disability. This change makes any

funds at this agency, including non-reverted general fund, immediately appropriated by-passing

Senate Bill 289 – Page

2

the normal legislative process.

The LFC has concerns with including continuing appropriation language in the statutory

provisions as earmarking reduces the ability of the legislature to establish spending priorities.

While this is not a new fund, this language change has the same result of reducing the ability of

the legislature to establish spending priorities.

SIGNIFICANT ISSUES

This bill replaces outdated and derogatory language such as “handicapped," “lame," “crippled, "

and “deformed," from state statutes and replaces it with acceptable wording such as “disability"

or “person with a disability." The bill also updates the affected statues to be gender neutral.

OTHER SUBSTANTIVE ISSUES

Human Services notes the following.

On page 48, lines 14-18, SB 289 revises the current statute to group children and adults into

“persons" and lists several types of disabilities. It appears that the proposed change omits the

two groups, “neglected" and “delinquent" children.

On page 58 and 59, PROGRAM – DEMONSTRATIONS, SB 289 fails to include the Aging and

Long Term Services Department (ALTSD). ALTSD administers the Disabled and Elderly

(D&E) and Mi Via, home and community based waivers, and the Medicaid Personal Care Option

(PCO) program.

On page 59-61, SB 289 would change existing language for Section 27-13-7. FISCAL

INTERMEDIARY – EXEMPTIONS – WORKERS’ COMPENSATION. This section exempts

the Medicaid Personal Care Option (PCO) program fiscal intermediaries from workers’

compensation requirements. While this section continues to be relevant for PCO services, there

is a new Medicaid program, Mi Via, a self-directed Home and Community Based Services

waiver approved by the Centers for Medicare and Medicaid Services (CMS) in September 2006.

In the Mi Via Waiver, eligible recipients may employ many service providers to assist them,

through a state contracted fiscal intermediary. SB 289 should modify Section 27-13-7 to include

these individuals and provide an exemption.

Page 58, lines 21-22 should be amended to read, “…[I]n cooperation with the department of

health and the aging and long term services department, is authorized to administer…".

Various changes to page 59-61 should be considered to expand the exemption to include the Mi

Via fiscal intermediary and individual service providers that are technically employed by the Mi

Via recipient

MW/mt