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SB18-174

Service Providers For Persons With Developmental Disabilities

Concerning liability of entities that provide services to persons with developmental disabilities in residential settings.
Session:
2018 Regular Session
Subjects:
Courts & Judicial
Human Services
Bill Summary

The bill defines 'case management agency' and adds a case management agency to the definition of 'provider' that provides services and supports to persons with developmental disabilities. The bill requires providers and service agencies to operate pursuant to department of health care policy and financing rules.

Under existing law, a person with a developmental disability cannot maintain a liability action against a provider unless the person claiming the injury has filed for dispute resolution by the department of human services or a community-centered board. The bill adds the department of health care policy and financing and case management agencies to the list of entities to which a person may file for dispute resolution.

The bill identifies a person with a developmental disability who is served in a residential setting as a tenant of the provider and allows property rights to accrue for such a tenant.

Under existing law, a provider that accepts a referral for community placement from the department of human services is not subject to liability for accepting the person for community placement. The bill removes liability when accepting a referral from the department of health care policy and financing.

Except in emergencies, the bill requires person-centered planning to occur prior to removing a person with a developmental disability from a residential setting when the person may be at risk of abuse, neglect, mistreatment, exploitation, or other harm. In an emergency, such person-centered planning must occur as soon as possible following removal. The bill authorizes case management agencies to remove a person with a developmental disability from a residential setting and subjects those agencies to the same standards of liability as other entities authorized to remove such persons from residential settings.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

Bill Text