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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
pg_0002
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This bill replaces outdated and derogatory language such as “handicapped," “lame," “crippled, "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