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ENGROSSED HOUSE
BILL NO. 3977 By: Bell of the House
and
Boren of the Senate
An Act relating to a commission on abilities and
independence; amending 56 O.S. 2021, Section 198.11b,
which relates to the Strategic Planning Committee on
the Olmstead Decision; creating the Commission on
Independence and Ability ; creating membership
requirements; providing for appointments; modifying
references; providing for input from certain
organizations; modifying staffing requirements;
requiring development of five-year plan; prescribing
requirements for plan; modifying provisions related
to travel reimbursement; modifyi ng provisions related
to Strategic Planning Commi ttee on the Olmstead
Decision; requiring certain entities to coordinate
efforts related to compliance with decision in
certain judicial proceeding; requiring initial
report; imposing time limit for submission; requiring
annual reporting; requiring administrators of
executive branch agencies and other entities to
evaluate policies, programs, statutes and rules;
prescribing scope of evaluation; requiring r eports;
requiring coordination o f funding; requiring
compliance with provisions of the Americans with
Disabilities Act; providing for complaint process;
prescribing procedures; and providing an effective
date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 198.11b, is
amended to read as follows :
Section 198.11b A. It is the public policy of the State of
Oklahoma to:
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1. Recognize and support individuals with disabilities by
treating them with dignity and resp ect as productive members of our
society in Oklahoma;
2. Acknowledge their contributions as productive and
independent citizens in the state and the useful work they perform
in their local communities;
3. Support a service delivery sy stem for individuals with
disabilities ensuring that the individuals, their families, or
guardians are well informed as to the types of services and
resources available to such individua ls in order to encourage their
independence, self-esteem, and self-worth, regardless of th e
severity of the disability; and
4. Recognize that self -choice on the part of individuals with
disabilities is critical and that the most appropriate setting for
meeting their needs should be a paramount consideration when
determining appropriate placement of such individuals in community-
based programs, residential care facilities, or any other placement
or service that benefits the needs and well -being of individuals
with disabilities.
B. There is hereby created the Strategic Planning Committee on
the Olmstead Decision Commission on Independence and Ability to
continue until July 1, 2010 July 1, 2025. The purpose of the
Committee is to monitor the implementation o f the comprehensive,
strategic plan for the State of Oklahoma regardin g the Olmstead
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Decision. People with disabilities who utilize community-based
services shall make up the majority of the Commission. Members of
the Commission shall work cooperatively to ensure that the federal
Olmstead Decision is thoroughly implemented, and shall pr ovide
guidance and technical assistance to Medicaid Managed Care
Organizations as the State of Oklahoma moves to a privatized
Medicaid system for state plan and waiver populations.
C. The Strategic Planning Committee on the Olmstead De cision
Commission on Independence and Ability shall be composed of fifteen
(15) six appointed members, eighteen (18) seven ex officio members,
and representatives from disability -related organizations, all of
whom shall be voting members, as follows:
1. a. The Governor shall appoint:
(1) one person who is a community placement service
provider for persons with disabilities,
(2) one person who is an advocate for persons with
disabilities,
(3) one parent or personal represent ative of a person
with disabilities,
(4) one member from an organization that provides
direct care services within the Advantage Waiver
Program, and
(5) one member who is a consumer of disability
services.
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two persons who have one or more disabilities that
substantially limit one or m ore major life
activities. One shall reside in Central Oklahoma
and one in Northeast Oklahoma ,
b. The President Pro Tempore of the Senate shall appoint :
(1) two members of the State Senate,
(2) two members who are consumers of disability
services, and
(3) one member with a disability who has moved from
an institutional setting into the community.
two persons who have one or more disabilities that
substantially limit one or more major life ac tivities.
One shall reside in Southwest Oklahoma and one in
Southeast Oklahoma, and
c. The Speaker of the House of Representatives shall
appoint:
(1) two members of the House of Representatives,
(2) one parent or personal represen tative of a person
with disabilities,
(3) one member who is a con sumer of disability
services, and
(4) one member with a disability who has moved from
an institutional setting into the community
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two persons who have one or more disabilities that
substantially limit one or more ma jor life activities.
One shall reside in Western Oklahoma and one in
Northwest Oklahoma;
2. The ex officio voting members shall be:
a. the Attorney General, or designee,
b. the Director of the Department of Human Services, or
designee,
c. the Division Director of the Developmental
Disabilities Division of the Department of Human
Services, if not the designee of the Director of Human
Services,
d. the State Commissioner of Health, or designee,
e. d. the Commissioner of the Department of Mental Health
and Substance Abuse Services, or designee,
f. e. the Administrator of the Ok lahoma Health Care
Authority, or designee,
g. the Director of the Office of Management and
Enterprise Services, or designee,
h. the Director of the State Department of Rehabilitation
Services, or designee,
i. the Director of the Office of Disability Concer ns, or
designee,
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j. the Director of the Oklahoma Employment Security
Commission, or designee,
k. the state coordinator for the federal Ticket To Work
and Work Incentive Act, if not the d esignee of the
Oklahoma Employment Security Director,
l. the Executive Director of a local hou sing authority,
or designee,
m. f. the Executive Director of the Oklahoma Housing Finance
Agency, or designee, and
n. the State Superintendent of Public Instructi on, or
designee,
o. g. the Executive Director of the Department of
Transportation, or designe e,
p. the Commissioner of Labor, or designee,
q. a representative from a local tra nsit authority, or
from a Community Action Agency, that provides
transportation services to individuals with
disabilities, and
r. the Director of the Oklahoma Commission on Chi ldren
and Youth, or designee; and
3. The membership shall also include as votin g members:
a. one representative from the Developmental Disabilities
Council the executive director of the federally
funded, nonprofit, community-based, nonresidential
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organization that is run by and for people with
disabilities and provides programs and services to
enable individuals with disabi lities to live an
independent lifestyle, that serves Central Oklahoma,
b. one representative from the Statewide Independent
Living Council the executive director of the federally
funded, nonprofit, community-based, nonresidential
organization that is run by and for people with
disabilities and provides programs and services to
enable individuals who have disabilities to live an
independent lifestyle, that serves Tulsa County,
c. two representatives from the Centers for Independent
Living the director, or designee, of a federally
funded protection and advocacy system for people with
disabilities,
d. one representative from the Center for Le arning and
Leadership the director, or designee, of a federally
designated University Center for Excellence in
Developmental Disabilities ( UCEDD),
e. one representative from the Oklahoma D isability Law
Center, the director, or designee, of a council that
coordinates the efforts of state agencies and priv ate
organizations in meeting the needs of Oklahomans with
intellectual and developmental disabilities, and
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f. one representative from ABLE -Tech,
g. one representative from the Okla homa Mental Health
Consumer Council, and
h. a representative of a nonprofit agency, in a county of
five hundred thousand (500,000) or more po pulation,
that collaborates on programs and services for persons
with disabilities the director, or designee, of a
nonprofit organization that advocates on behalf of all
mental health consumers.
D. 1. Members shall serve at the pleasure of their appointing
authorities. A vacancy on the Committee Commission shall be filled
by the original appointing authority.
2. A majority of the members of the Committee Commission shall
constitute a quorum. A majority of the members present at a meeting
may act for the Committee Commission.
3. The President Pro Tempore and the Speaker shall each
designate a cochair co-chair from among the members of the Committee
Commission.
4. The cochairs co-chairs of the Committee Commission shall
annually establish a schedule of each year 's meetings. The
Committee Commission shall meet at least four times annually.
5. Proceedings of all meetings of the Committee Commission
shall comply with the provisions of the Oklahoma Open Meeting Act.
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6. The Committee Commission may divide into subcommittees in
furtherance of its purp ose.
7. The Commission may also open ly engage potential Managed Care
Organizations to listen to services, plans, costs of plans, and the
overall approach of how services and programs shall shift for the
better.
E. 1. The Department of Human Services Oklahoma Health Care
Authority and the Office of the Atto rney General shall serve as lead
agencies and as such shall provide primary staffing for the
Committee Commission. Appropriate personnel from the Oklahoma
Health Care Authority Department of Human Services and the
Department of Mental Health and Substance Abuse Services shall also
assist with the work of the Committee Commission.
2. The Committee Commission may use the expertise and services
of the staffs of the State Senate and the House of Representa tives
and may, as necessary, employ and contract for t he advice and
services of experts in the field as well as other necessary
professional and clerical staff.
F. All departments, officers, agencies, and employees of this
state shall cooperate with the Committee Commission in fulfilling
its duties and respo nsibilities including, but not limited to,
providing any information, records, or reports requested by the
Committee Commission.
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1. The Commission shall develop a five-year implementation plan
for the State of Oklahoma to provide a comprehensive system of
service delivery for Oklahomans with disabilities. The plan shall
utilize outcome measures to determine th e success or failure of the
plan.
2. The plan shall include, but not be limited to, an
examination of the following concepts:
a. performance-based contracting,
b. residential and vocational rate structure,
c. prioritization of access to services,
d. privatization of case management and other services ,
e. maximization of federal funding ,
f. state agency administrative structure ,
g. review of requirement s based on administrative rules,
h. Medicaid waiver assurance,
i. rural support access,
j. provider rates,
k. provider networks, and
l. utilization of CD-PASS and how to move the program
back into Oklahoma to be operated by the federally
funded Centers for Independent Living (CILs).
G. Members of the Committee shall receive no compensation for
their service, but shall receive trave l reimbursement as follows:
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1. Legislative members of the Committee sh all be reimbursed for
necessary travel expenses incurred in the performance of their
duties in accordance with the provisions of Section 456 of Title 74
of the Oklahoma Statutes; and
2. Nonlegislative members of the Committee shall be reimbursed
by their appointing authorities or respective agencies for necessa ry
travel expenses incurred in the performance of their duties in
accordance with the State Travel Reimbursement Act.
H. The duties and responsibilities of the Strategic Planning
Committee on the Olmstead Decision shall include, but need not be
limited to:
a. monitoring the implementation of the comprehensive,
strategic plan for Oklahomans with disabilities,
pursuant to the Olmste ad Decision,
b. reviewing the service delivery system within the state
and the way in which persons with disabilities
currently access the services,
c. reviewing existing statutes, policies, programs,
services and funding sources that affect Oklahomans
with disabilities, including, but not limited to,
identifying unique appro aches and strategies to
funding,
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d. identifying and revie wing funding and resource
information available to persons with disabilities and
their families in this state,
e. identifying gaps and barriers in programs and services
to individuals with disabiliti es and making any
recommendations to enhance programs and the delivery
system for persons with disabilities in Oklahoma,
f. examining the feasibility of expanding the eligibility
criteria for people served by the Developmental
Disabilities Services Divisio n of the Department of
Human Services to include people w ith disabilities who
are not eligible for the Advantage Waiver program
through the Aging Services Division and those with
other diagnoses who are at risk of out-of-home
placement,
g. studying the feasibility and impact of requiring that
assistive technology suppliers in this state meet
national certification requirements, and
h. taking all other actions necessary to monitor and
assist with the implementation of the comprehensive
strategic plan.
I. The Committee shall prepare and submit a report of its
findings and recommendations to the Legislature and Governor by July
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15, 2007, and each July 15 thereafter, and shall submit a final
report by July 1, 2010.
1. The Attorney General, the CIL in Central O klahoma, the CIL in
Northeast Oklahoma, and the Oklahoma Disability Law Center, Inc.
shall coordinate efforts to work with the various agencies to help
them assess compliance with the Olmstead Decision and the federal
Americans with Disabilities Act (ADA ) in providing services to
qualified individuals with dis abilities in community-based settings.
2. The partners specified in paragraph 1 of this subsection
shall provide technical guidance and work cooperatively with the
state to achieve the goals of Title II of the ADA, particularly in
the implementation of th e Oklahoma plan to provide services to
qualified individuals with disabilities in the most integrated
settings. These agencies shall also ensure that existing federal
resources are used in the most effective manner to support the goals
of the Oklahoma plan.
H. The Commission shall make an initial report to the Governor,
the Speaker of the Oklahoma House of Representatives, and the
President Pro Tempore of the Oklahoma State Senate within one
hundred eighty (180) calendar days of the effective date of this
act. The plan shall be submitted to the Governor and the
Legislature within one (1) calendar year of the effective date of
this act. Thereafter, the Commi ssion shall submit annual reports
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throughout the implementation of the plan to the Governor and the
Legislature.
I. The Attorney General, the Direct ors or Executive Directors
of the Department of Human Services, the Oklahoma Department of
Rehabilitation Services, the Department of Transportation, the
Department of Commerce, the Oklahoma Department of Career and
Technology Education, the Commission on Children and Youth, and the
Oklahoma Housing Finance Agency, t he State Commissioner of Health,
the Commissioner of the Department of Mental Health and Substance
Abuse Services, the Commissioner of Labor, the Administrat or of the
Oklahoma Health Care Authority , and the State Superintendent of
Public Instruction shall evaluate the policies, programs, statutes,
and administrative rules of their respective agencies to determine
whether any should be revised or amended to imp rove the availability
of community-based services for qualified individuals with
disabilities. The evaluation shall focus on identifying affected
populations, improving the flow of info rmation regarding supports in
the community, and removing barriers tha t impede opportunities for
community placement. The evaluation shall include the involvement
of consumers, advocacy organizations, providers, and relevant agency
representatives. Each agency director shall report the results of
his or her evaluation to t he Governor and the Le gislature within one
hundred twenty (120) calendar days of the effective date o f this
act. Such issues that shall be evaluated include, but shall not be
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limited to, the inherent challenges of utilizing t he public transit
system while residing in a nursing home or the challenges of
maintaining staff under CD-PASS and especially durin g a disaster.
J. All state agencies shall coordinate planning and future
funding with the Commission to ensure that funding is utilized for
supporting people with disabilities in the most integrated set ting.
K. Every state agency shall fully comply with Title II of the
Americans with Disabilities Act (ADA). Individuals may seek
complaint resolution through the grievance process of the
appropriate state agency, alternative disp ute resolution, or through
the federal Office for Civil Rights. The complaint resolution
process includes investigating and resolving complaints file d on
behalf of individuals who allege they have been the vi ctims of
unjustified institutionalization and resolution of these complain ts
in a quick and constructive manner.
SECTION 2. This act shall become effective November 1, 2022.
Passed the House of Representatives the 24th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate