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Oklahoma House Bill HB3977

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3977 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 3977 By: Bell of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3030
31- and
31+STATE OF OKLAHOMA
3232
33- Boren of the Senate
33+2nd Session of the 58th Legislature (2022)
34+
35+HOUSE BILL 3977 By: Bell
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39+
40+
41+AS INTRODUCED
3742
3843 An Act relating to a commission on abilities and
3944 independence; amending 56 O.S. 2021, Section 198.11b,
4045 which relates to the Strategic Planning Committee on
4146 the Olmstead Decision ; creating the Commission on
4247 Independence and Ability ; creating membership
43-requirements; providing for appointments; modifying
44-references; providing for input from certain
45-organizations; modifying staffing requirements;
46-requiring development of five-year plan; prescribing
47-requirements for plan; modifying provisions related
48-to travel reimbursement; modifyi ng provisions related
49-to Strategic Planning Commi ttee on the Olmstead
50-Decision; requiring certain entities to coordinate
51-efforts related to compliance with decision in
52-certain judicial proceeding; requiring initial
53-report; imposing time limit for submission; requiring
54-annual reporting; requiring administrators of
55-executive branch agencies and other entities to
56-evaluate policies, programs, statutes and rules;
57-prescribing scope of evaluation; requiring r eports;
58-requiring coordination o f funding; requiring
59-compliance with provisions of the Americans with
60-Disabilities Act; providing for complaint process;
61-prescribing procedures; and providing an effective
48+requirements; authorizing certain actions ; creating
49+reporting requirements ; and providing an effective
6250 date.
51+
6352
6453
6554
6655 BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
6756 SECTION 1. AMENDATORY 56 O.S. 2021, Section 198.11b, is
6857 amended to read as follows :
6958 Section 198.11b A. It is the public policy of the State of
7059 Oklahoma to:
60+1. Recognize and support individuals with disabilities by
61+treating them with dignity and resp ect as productive members of our
62+society in Oklahoma;
63+2. Acknowledge their contributions as productive and
64+independent citizens in the state and the useful work they perfor m
65+in their local communities;
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97-1. Recognize and support individuals with disabilities by
98-treating them with dignity and resp ect as productive members of our
99-society in Oklahoma;
100-2. Acknowledge their contributions as productive and
101-independent citizens in the state and the useful work they perform
102-in their local communities;
10393 3. Support a service delivery system for individuals with
10494 disabilities ensuring that the individuals, their families, or
10595 guardians are well informed as to the types of services and
10696 resources available to such individuals in o rder to encourage their
10797 independence, self-esteem, and self-worth, regardless of th e
10898 severity of the disability; and
10999 4. Recognize that self -choice on the part of individuals with
110100 disabilities is critical and that the most appropriate setting for
111101 meeting their needs should be a paramount consideration when
112102 determining appropriate placeme nt of such individuals in community-
113103 based programs, residential care facilities, or any other placement
114104 or service that benefits the needs and well -being of individuals
115105 with disabilities.
116106 B. There is hereby created the Strategic Planning Committee on
117107 the Olmstead Decision Commission on Independence and Ability to
118108 continue until July 1, 2010 July 1, 2025. The purpose of the
119109 Committee is to monitor the implementation of the c omprehensive,
120110 strategic plan for the State of Oklahoma regarding the Olmstead
111+Decision. People with disabilities who utilize community-based
112+services shall make up the majority of the Commission. Members of
113+the Commission shall work cooperatively to ensure that the federal
114+Olmstead Decision is thoroughly implemented, and shall pr ovide
115+guidance and technical assistance to Medicaid Managed Care
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147-Decision. People with disabilities who utilize community-based
148-services shall make up the majority of the Commission. Members of
149-the Commission shall work cooperatively to ensure that the federal
150-Olmstead Decision is thoroughly implemented, and shall pr ovide
151-guidance and technical assistance to Medicaid Managed Care
152143 Organizations as the State of Oklahoma moves to a privatized
153144 Medicaid system for State Plan and Waiver populat ions.
154145 C. The Strategic Planning Committee on the Olmstead Decision
155146 Commission on Independence and Ability shall be composed of fifteen
156147 (15) six appointed members, eighteen (18) seven ex officio members,
157148 and representatives from disability -related organization s, all of
158149 whom shall be voting members, as follows:
159150 1. a. The Governor shall appoint:
160151 (1) one person who is a community placement service
161152 provider for persons with disabilities,
162153 (2) one person who is an advocate for persons with
163154 disabilities,
164155 (3) one parent or personal represent ative of a person
165156 with disabilities,
166157 (4) one member from an organization that provides
167158 direct care services within the Advantage Waiver
168159 Program, and
169160 (5) one member who is a consumer of disability
170161 services.
162+two persons who have one or more disabilities that
163+substantially limit one or more major life
164+activities. One shall reside in Central Oklahoma
165+and one in Northeast Oklahoma ,
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197-two persons who have one or more disabilities that
198-substantially limit one or m ore major life
199-activities. One shall reside in Central Oklahoma
200-and one in Northeast Oklahoma ,
201-b. The President Pro Tempore of the Senate shall appoint :
193+b. The President Pro Tempore of the Senate shall
194+appoint:
202195 (1) two members of the State Senate,
203196 (2) two members who are consumers of disability
204197 services, and
205198 (3) one member with a disab ility who has moved from
206199 an institutional setting into the community.
207200 two persons who have one or more disabilities that
208201 substantially limit one or more major life activities.
209202 One shall reside in Southwest Oklahoma and one in
210-Southeast Oklahoma, and
203+Southeast Oklahoma,
211204 c. The Speaker of the House of Representatives shall
212205 appoint:
213206 (1) two members of the House of Representatives,
214207 (2) one parent or personal represen tative of a person
215208 with disabilities,
216209 (3) one member who is a con sumer of disability
217210 services, and
218211 (4) one member with a disability who has moved from
219212 an institutional setting into the community
213+two persons who have one or more disabilities that
214+substantially limit one or more major life activi ties.
215+One shall reside in Western Oklahoma and one in
216+Northwest Oklahoma;
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246-two persons who have one or more disabilities that
247-substantially limit one or more ma jor life activities.
248-One shall reside in Western Oklahoma and one in
249-Northwest Oklahoma;
250244 2. The ex officio voting members shall be:
251245 a. the Attorney General, or designee,
252246 b. the Director of the Department of Human Services, or
253247 designee,
254248 c. the Division Director of the D evelopmental
255249 Disabilities Division of the Department of Human
256250 Services, if not the designee of the Director of Human
257251 Services,
258252 d. the State Commissioner of Health, or designee,
259253 e. d. the Commissioner of the Department of Mental Health
260254 and Substance Abuse S ervices, or designee,
261255 f. e. the Administrator of the Oklahoma Health Care
262256 Authority, or designee,
263257 g. the Director of the Office of Management and
264258 Enterprise Services, or designee,
265259 h. the Director of the State Department of Rehabilitation
266260 Services, or designee,
267261 i. the Director of the Office of Disability Concerns, or
268262 designee,
263+j. the Director of the Oklahoma Employment Security
264+Commission, or designee,
265+k. the state coordinator for the federal Ticket To Work
266+and Work Incentive Act, if not the designee of the
267+Oklahoma Employment Security Director,
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295-j. the Director of the Oklahoma Employment Security
296-Commission, or designee,
297-k. the state coordinator for the federal Ticket To Work
298-and Work Incentive Act, if not the d esignee of the
299-Oklahoma Employment Security Director,
300295 l. the Executive Director of a local hou sing authority,
301296 or designee,
302-m. f. the Executive Director of the Oklahoma Housing Finance
303-Agency, or designee, and
297+m. f. the Executive Director of the Oklahoma Housing
298+Finance Agency, or designee,
304299 n. the State Superintendent of Public Instruction, or
305-designee,
300+designee, and
306301 o. g. the Executive Director of the Department of
307302 Transportation, or designe e,
308303 p. the Commissioner of Labor, or designee,
309304 q. a representative from a local tra nsit authority, or
310305 from a Community Action Agency, that provides
311306 transportation services to ind ividuals with
312307 disabilities, and
313308 r. the Director of the Oklahoma Commission on Children
314309 and Youth, or designee; and
315310 3. The membership shall also include as votin g members:
316311 a. one representative from the Developmental Disabilities
317312 Council the executive director of the federally
318313 funded, nonprofit, community-based, nonresidential
314+organization that is run by an d for people with
315+disabilities and provides programs and services to
316+enable individuals with disabi lities to live an
317+independent lifestyle, that serves Central Oklahoma,
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345-organization that is run by and for people with
346-disabilities and provides programs and services to
347-enable individuals with disabi lities to live an
348-independent lifestyle, that serves Central Oklahoma,
349345 b. one representative from the Statewide Independent
350346 Living Council the Executive Director of the federally
351-funded, nonprofit, community-based, nonresidential
347+funded, nonprofit community-based, nonresidential
352348 organization that is run by and for people with
353349 disabilities and provides programs and services to
354350 enable individuals who have disabilities to live an
355351 independent lifestyle, that serves Tulsa County,
356352 c. two representatives from the Centers for Independent
357353 Living the director, or designee, of a federally
358354 funded protection and advocacy system for people with
359355 disabilities,
360356 d. one representative from the Center for Lea rning and
361357 Leadership the director, or designee, of a federally
362358 designated University Center for Excellence in
363359 Developmental Disabilities ( UCEDD),
364360 e. one representative from the Oklahoma D isability Law
365361 Center, the director, or designee, of a council that
366362 coordinates the efforts of state agencies and priv ate
367363 organizations in meeting the needs of Oklahomans with
368364 intellectual and developmental disabilities, and
365+f. one representative from ABLE -Tech, the director, or
366+designee, of a nonprofit organization that advocates
367+on behalf of all mental health consu mers
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395-f. one representative from ABLE -Tech,
396395 g. one representative from the Oklahoma Mental Health
397396 Consumer Council, and
398397 h. a representative of a nonprofit agency, in a county of
399398 five hundred thousand (500,000) or more po pulation,
400399 that collaborates on programs and se rvices for persons
401-with disabilities the director, or designee, of a
402-nonprofit organization that advocates on behalf of all
403-mental health consumers.
400+with disabilities.
404401 D. 1. Members shall serve at the pleasure of their appointing
405402 authorities. A vacancy on the Committee Commission shall be filled
406403 by the original appointing authority.
407404 2. A majority of the members of the Committee Commission shall
408405 constitute a quorum. A majority of the members present at a meeting
409406 may act for the Committee Commission.
410407 3. The President Pro Tempore and the Speaker shall each
411-designate a cochair co-chair from among the members of the Committee
408+designate a cochair from among the members of the Committee
412409 Commission.
413-4. The cochairs co-chairs of the Committee Commission shall
414-annually establish a schedule of each year 's meetings. The
415-Committee Commission shall meet at least four times annually.
410+4. The cochairs of the Committee Commission shall annually
411+establish a schedule of each year 's meetings. The Committee
412+Commission shall meet at least four times annually.
416413 5. Proceedings of all meetings of the Committee Commission
417414 shall comply with the provisions of the Oklahoma Open Meeting Act.
415+6. The Committee Commission may divide into subcommittees in
416+furtherance of its purpose.
417+7. The Commission may also open ly engage in potenti al Managed
418+Care Organizations to listen to services, plans, costs of plans , and
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444-6. The Committee Commission may divide into subcommittees in
445-furtherance of its purp ose.
446-7. The Commission may also open ly engage potential Managed Care
447-Organizations to listen to services, plans, costs of plans, and the
448-overall approach of how services and programs shall shift for the
449-better.
446+the overall approach of how services and programs shall shift for
447+the better.
450448 E. 1. The Department of Human Services Oklahoma Health Care
451449 Authority and the Office of the Atto rney General shall serve as lead
452450 agencies and as such shall provide primary staffing for the
453451 Committee Commission. Appropriate personnel from the Oklahoma
454452 Health Care Authority Department of Human Services and the
455453 Department of Mental Health and Substance Abuse Services shall also
456454 assist with the work of the Committee Commission.
457455 2. The Committee Commission may use the expertise and services
458456 of the staffs of the State Senate and the House of Representatives
459457 and may, as necessary, employ and contract for t he advice and
460458 services of experts in the field as well as other necessary
461459 professional and clerical staff.
462460 F. All departments, officers, agencies, and employees of this
463461 state shall cooperate with the Committee Commission in fulfilling
464462 its duties and respo nsibilities including, but n ot limited to,
465463 providing any information, reco rds, or reports requested by the
466464 Committee Commission.
465+1. The Commission shall develop a five-year implementation plan
466+for the State of Oklahoma to provide a comprehensive system of
467+service delivery for Oklaho mans with disabilities. The plan shall
468+utilize outcome measures to determine th e success or failure of the
469+plan.
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493-1. The Commission shall develop a five-year implementation plan
494-for the State of Oklahoma to provide a comprehensive system of
495-service delivery for Oklahomans with disabilities. The plan shall
496-utilize outcome measures to determine th e success or failure of the
497-plan.
498497 2. The plan shall include, but not be limited to, an
499498 examination of the following concepts:
500499 a. performance-based contracting,
501500 b. residential and vocational rate structure,
502501 c. prioritization of access to services,
503502 d. privatization of case management and other services ,
504503 e. maximization of federal funding ,
505504 f. state agency administrative structure ,
506505 g. review of requirement s based on administrative rules,
507506 h. Medicaid waiver assurance ,
508507 i. rural support access,
509508 j. provider rates,
510-k. provider networks, and
509+k. provider network, and
511510 l. utilization of CD-PASS and how to move the program
512511 back into Oklahoma to be operated by the federally
513512 funded Centers for Independent Living (CILs).
514513 G. Members of the Committee shall receive no compensation for
515514 their service, but shall receive trave l reimbursement as follows:
515+1. Legislative members of the Committee shall be reimbursed for
516+necessary travel expenses incurred in the performance o f their
517+duties in accordance with the pr ovisions of Section 456 of Title 74
518+of the Oklahoma Statutes; and
519+2. Nonlegislative members of the Committee shall be reimbursed
520+by their appointing authorities or respective agencies for necessa ry
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542-1. Legislative members of the Committee sh all be reimbursed for
543-necessary travel expenses incurred in the performance of their
544-duties in accordance with the provisions of Section 456 of Title 74
545-of the Oklahoma Statutes; and
546-2. Nonlegislative members of the Committee shall be reimbursed
547-by their appointing authorities or respective agencies for necessa ry
548548 travel expenses incurred in the performance of their duti es in
549549 accordance with the State Travel Reimbursement Act.
550550 H. The duties and responsibilities of the Strategic Planning
551551 Committee on the Olmstead Decision shall include, but need not be
552552 limited to:
553553 a. monitoring the implementation of the comprehensive,
554554 strategic plan for Oklahomans with disabilities,
555555 pursuant to the Olmste ad Decision,
556556 b. reviewing the service delivery system within the state
557557 and the way in which persons with disabilities
558558 currently access the services,
559559 c. reviewing existing statutes, policie s, programs,
560560 services and funding sources that affect Oklahomans
561561 with disabilities, including, but not limited to,
562562 identifying unique approaches and strategies to
563563 funding,
564+d. identifying and revie wing funding and res ource
565+information available to persons w ith disabilities and
566+their families in this state,
567+e. identifying gaps and barriers in programs and services
568+to individuals with disabilities and making any
569+recommendations to enhance programs and the delivery
570+system for persons with disabilities in Oklaho ma,
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590-d. identifying and revie wing funding and resource
591-information available to persons with disabilities and
592-their families in this state,
593-e. identifying gaps and barriers in programs and services
594-to individuals with disabiliti es and making any
595-recommendations to enhance programs and the delivery
596-system for persons with disabilities in Oklahoma,
597598 f. examining the feasibility of expanding the eligibility
598599 criteria for people served by the Developmental
599600 Disabilities Services Division of the Department of
600601 Human Services to include people w ith disabilities who
601602 are not eligible for the Advantage Waiv er program
602603 through the Aging Services Division and those with
603604 other diagnoses who are at risk of out-of-home
604605 placement,
605606 g. studying the feasibility and impact of requiring that
606607 assistive technology suppliers in this state meet
607608 national certification requir ements, and
608609 h. taking all other actions necessary to monitor and
609610 assist with the implementation of the comprehensive
610611 strategic plan.
611612 I. The Committee shall prepare and submit a report of its
612613 findings and recommendat ions to the Legislature and Governor by July
614+15, 2007, and each July 15 thereafter, and shall submit a final
615+report by July 1, 2010.
616+1. The Attorney General, the CIL in Central Oklahoma, the CIL in
617+Northeast Oklahoma, and the Oklahoma Disability Law Center, Inc.
618+shall coordinate efforts to work with the various agencies to help
619+them assess compliance with the Olmstead Decision and the federal
620+Americans with Disabilities Act (ADA) in providing services to
621+qualified individuals with dis abilities in communi ty-based settings.
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639-15, 2007, and each July 15 thereafter, and shall submit a final
640-report by July 1, 2010.
641-1. The Attorney General, the CIL in Central O klahoma, the CIL in
642-Northeast Oklahoma, and the Oklahoma Disability Law Center, Inc.
643-shall coordinate efforts to work with the various agencies to help
644-them assess compliance with the Olmstead Decision and the federal
645-Americans with Disabilities Act (ADA ) in providing services to
646-qualified individuals with dis abilities in community-based settings.
647649 2. The partners specified in paragraph 1 of this subsection
648650 shall provide technical guidance and work cooperatively with the
649651 state to achieve the goals of Title II of the ADA, particularly in
650652 the implementation of th e Oklahoma plan to provide services to
651653 qualified individuals with disabilities in the most integrated
652654 settings. These agencies shall also ensure that existing federal
653655 resources are used in the most effective manner to support the goals
654656 of the Oklahoma plan.
655657 H. The Commission shall make an initial report to the Governor ,
656-the Speaker of the Oklahoma House of Representatives, and the
657-President Pro Tempore of the Oklahoma State Senate within one
658-hundred eighty (180) calendar days of the effective date of this
659-act. The plan shall be submitted to the Governor and the
660-Legislature within one (1) calendar year of the effective date of
661-this act. Thereafter, the Commi ssion shall submit annual reports
658+the Speaker of the House of Representatives, and the President Pr o
659+Tempore of the Senate within one hundred eighty (180) calendar days
660+of the effective date of this act. The plan shall be submitted to
661+the Governor and the Legislature within one (1) calendar year of the
662+effective date of this act. Thereafter, the Commi ssion shall submit
663+annual reports throughout the implementation of the plan to the
664+Governor and the Legislature.
665+I. The Attorney General, the Direct ors or Executive Directors
666+of the Department of Human Services, the Oklahoma Department of
667+Rehabilitation Services, the Department of Transportation, the
668+Department of Commerce, the Oklahoma Department of Career and
669+Technology Education, the Commission on Children and Youth, and the
670+Housing Finance Agency, t he State Commissioner of Health, the
671+Commissioner of the Department of Mental Health and Substance Abuse
672+Services, the Commissioner of Labor, the Administrator of the
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675+BOLD FACE denotes Committee Amendments. 1
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688-throughout the implementation of the plan to the Governor and the
689-Legislature.
690-I. The Attorney General, the Direct ors or Executive Directors
691-of the Department of Human Services, the Oklahoma Department of
692-Rehabilitation Services, the Department of Transportation, the
693-Department of Commerce, the Oklahoma Department of Career and
694-Technology Education, the Commission on Children and Youth, and the
695-Oklahoma Housing Finance Agency, t he State Commissioner of Health,
696-the Commissioner of the Department of Mental Health and Substance
697-Abuse Services, the Commissioner of Labor, the Administrat or of the
698700 Oklahoma Health Care Authority , and the State Superintendent of
699-Public Instruction shall evaluate the policies, programs, statutes,
701+Public Education shall ev aluate the policies, programs, statutes,
700702 and administrative rules of their respective agencies to determine
701703 whether any should be revised or amended to improve the availability
702704 of community-based services for qualified individuals with
703705 disabilities. The evaluation shall focus on identifying affected
704706 populations, improving the flow of inform ation regarding supports in
705707 the community, and removing barriers that impede opportunities for
706708 community placement. The evaluation shall include the involvement
707709 of consumers, advocacy organizations, providers, and relevant agency
708710 representatives. Each agency director shall report the results of
709711 his or her evaluation to the Governor and the Le gislature within one
710712 hundred twenty (120) calendar days of the effective date o f this
711713 act. Such issues that shall be evaluated include, but shall not be
714+limited to, the inherent challenges of utilizing t he public transit
715+system while residing in a nursing home or the challenges of
716+maintaining staff under CD -PASS and especially durin g a disaster.
717+J. All state agencies shall coordinate planning and future
718+funding with the Commission to ensure that funding is utilized for
719+supporting people with disabilities in the most integrated set ting.
720+K. Every state agency shall fully comply with Title II of the
721+Americans with Disabilities Act (ADA). Individuals may seek
722+complaint resolution through the grievance process of the
723+appropriate state agency, alternative disp ute resolution, or through
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713-ENGR. H. B. NO. 3977 Page 15 1
725+HB3977 HFLR Page 15
726+BOLD FACE denotes Committee Amendments. 1
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738-limited to, the inherent challenges of utilizing t he public transit
739-system while residing in a nursing home or the challenges of
740-maintaining staff under CD-PASS and especially durin g a disaster.
741-J. All state agencies shall coordinate planning and future
742-funding with the Commission to ensure that funding is utilized for
743-supporting people with disabilities in the most integrated set ting.
744-K. Every state agency shall fully comply with Title II of the
745-Americans with Disabilities Act (ADA). Individuals may seek
746-complaint resolution through the grievance process of the
747-appropriate state agency, alternative disp ute resolution, or through
748-the federal Office for Civil Rights. The complaint resolution
751+the federal Office of Civil Rights. The complaint resolution
749752 process includes investigating and resolving complaints file d on
750753 behalf of individuals who allege they have been the vi ctims of
751754 unjustified institutionalization and resolution of these complain ts
752755 in a quick and constructive manner.
753756 SECTION 2. This act shall become effective November 1, 2022.
754-Passed the House of Representatives the 24th day of March, 2022.
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759- Presiding Officer of the House
760- of Representatives
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763-Passed the Senate the ___ day of __________, 2022.
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768- Presiding Officer of the Senate
758+COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
759+EFFICIENCY, dated 02/16/2022 - DO PASS.