H 3210 General Bill, By P.B. Harris, Carnell, J.L. Harris and J.S. Shissias
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 18
 to Title 44 so as to set forth requirements for a program to provide support
 for individuals with disabilities and their families.

   01/10/95  House  Introduced and read first time HJ-80
   01/10/95  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-80

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 44 SO AS TO SET FORTH REQUIREMENTS FOR A PROGRAM TO PROVIDE SUPPORT FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-18-10. The following principles must be used as guidelines in developing family support for individuals with disabilities and their families.

(1) Individual and family support must recognize and build on existing social networks, strengthen the natural sources of support, and foster the development of meaningful participation of individuals and families within their communities.

(2) Individuals, or the individual's responsible family member or guardian where the individual is a child or unable to make his own decision, must be the ultimate decision makers regarding the nature of support required.

(3) Support must be developed to avert crises rather than respond to crises.

(4) Support must be built on a relationship of respect and trust and must be made available and not imposed.

(5) Individuals or families must have the opportunity and the help necessary to develop, direct, and monitor the support they receive.

(6) Individual and family support must be culturally competent and responsive and reach out to people with multi-cultural, multi-ethnic backgrounds. Appropriate interpretive and translation services must be made available.

(7) Individual and family support must be responsive to the ever-changing, lifelong needs of individuals and families.

(8) Family support must be available to the entire family, not just the member with a disability.

(9) Individual and family support must be no single service but a flexible array of support used to ensure that persons with disabilities are able to live on their own or with their families in their community.

(10) In accord with the federal Americans with Disabilities Act of 1990, individual and family support must include the identification of reasonable modifications and accommodations available to individuals with disabilities and their families to ensure they are provided equal opportunities to live in and participate in the community in which they have chosen to live.

Section 44-18-10. As used in this chapter:

(1) `Department' means the members of the South Carolina Human Services Coordinating Council.

(2) `Substantial consultation' includes, but is not limited to:

(a) meetings and discussions with persons with disabilities and their families including self advocacy and family advocacy groups to determine their needs and concerns;

(b) public hearings to review draft individual and family support plans developed in response to this chapter and to be held with adequate public notice on a regional basis throughout the State no less than ninety days before the scheduled date of plan submission. Public meeting rooms for hearings must conform to the requirements of the Americans with Disabilities Act for accessibility;

(c) issuance of a draft plan document sufficiently in advance of hearings to permit the submission of written comments;

(d) public availability of written comments within each region no less than sixty days before the plan submission date.

(3) `Family' means a unit consisting of a person with a disability and the parent, relative, or other caregiver who resides in the same household, including the person with a disability who lives alone without support.

(4) `Individual with a disability' means a person who has a disability that:

(a) is likely to continue indefinitely;

(b) reflects a person's need for a combination and sequence of special interdisciplinary or generic service, treatment, or other services that are of lifelong or extended duration and must be planned and coordinated individually;

(c) results in substantial limitations in three or more of the following areas of major life activity:

(i) self-care;

(ii) learning;

(iii) expressive and receptive language;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living;

(vii) health;

(viii) behavior;

(ix) economic self-sufficiency.

(5) `Individual and family support program' means a coordinated system of support services administered by the appropriate departments directly or through contracts with private not-for-profit agencies, private for-profit agencies, or governmental agencies within the State, or both.

(6) `Contracted agency' means a private not-for-profit or for-profit agency that has a contractual relationship with a state agency to carry out a program of individual or family support.

(7) `Reasonable modifications and accommodations' includes, but is not limited to:

(a) an adjustment in the rules, policies, or practices that fundamentally do not alter a program or service;

(b) removal of architectural, transportation, and communication barriers of a structural nature if they prevent access and can be removed without undue burden;

(c) the provision of auxiliary aids and services.

(8) `Generic service' means general service not specifically mentioned in Section 44-18-40.

Section 44-18-20. Each department identified as a member of the Human Services Coordinating Council shall create individual and family support programs pursuant to the planning process set forth in Section 44-18-60. Each department's program must conform to the goals set forth in Section 44-18-40 and be guided by the principles set forth in Section 44-18-10 to provide a flexible and coordinated network of support for the following beneficiaries:

(1) adults with disabilities residing in the community in an unsupported setting which is not a state or federally funded program;

(2) adults with disabilities who choose to live with their families;

(3) families with children with disabilities, twenty-one years of age and younger.

Section 44-18-30. The goals of providing flexible support must be to:

(1) provide a quality of life comparable, to the extent practicable, to that of similarly situated adults in their own households without a disability and to that of similarly situated families without a family member having a disability;

(2) maintain family unity;

(3) prevent premature or inappropriate out-of-home placement;

(4) reunite families;

(5) enhance parenting skills;

(6) maximize the potential of the individual with a disability to achieve greater independence;

(7) ensure access to the services, programs, and activities provided by public entities.

Section 44-18-40. Each department shall seek creative and innovative ways of providing flexible support including, but not limited to:

(1) reasonable modifications and accommodations;

(2) support coordination and facilitation;

(3) counseling and information;

(4) self-help groups;

(5) home adaptations;

(6) assistive technology devices and services;

(7) financial assistance;

(8) assistance in care-giving including respite, day care, babysitting, after-school care, and personal care or personal care assistance when necessary;

(9) adaptive equipment and clothing;

(10) medical services;

(11) transportation including vehicle modification;

(12) recreation and leisure activities;

(13) special dietary supplements and medical equipment and maintenance;

(14) mental health care;

(15) advocacy including educational, legal, and medical advocacy.

Section 44-18-50. (A) The Human Services Coordinating Council shall develop and coordinate the implementation of a plan for a state support services program for people with disabilities. Each department within the Human Services Coordinating Council, with substantial consultation and active participation from individuals with disabilities, their families, and other interested parties, shall submit by August first annually a plan to the council.

(B) The Human Services Coordinating Council annually shall submit by the first day of the Legislative Session to the Governor, the Chairmen of the Ways and Means and Senate Finance Committees, the Legislative-Governor's Committee on Mental Health and Mental Retardation, the Joint Committee on Children and Families, the Legislative Committee for People with Disabilities, and the Joint Legislative Health Care Planning and Oversight Committee a state plan to coordinate, enhance, and expand individual and family support services using resources currently available within the department, unless other appropriations are made, and other resources appropriate for this purpose.

(C) The plan provided for in subsection (B) must be guided by the description of the intended benefactors, goals, and principles set forth in this chapter, except where prohibited by law. If prohibited, the plan must include benefactors who are within the department's legal mandate. The plan must include, but is not limited to, the following goals:

(1) creating opportunities for individuals with disabilities and their families for direction, oversight, and choice in the development of policy and programs relating to support services;

(2) specifying long and short term objectives and strategies for implementing accessible supports for individuals with disabilities and their families;

(3) identifying resources that will be used to achieve goals and objectives specified in the plan;

(4) supporting the full participation of citizens with disabilities and their families in community life;

(5) increasing the flexibility of departmental funding mechanisms;

(6) redirecting existing resources to be administered in accordance with the individual and family support guidelines;

(7) developing inter-department collaboration and public-private partnerships to increase access to services. The purpose of the partnerships is to:

(a) coordinate resources and referrals;

(b) pool funds to better support those with multiple disabilities;

(c) provide technical assistance, training, and outreach to consumers, specialized providers, and generic community services regarding the individual and family support activities and philosophy;

(d) identify the barriers to accessing support and community services and developing ways to administer the programs that do not discriminate or exclude individuals with disabilities or their families.

(8) expanding the capacity of generic community services to include persons with disabilities in their scope of service;

(9) empowering consumers through opportunities for education, leadership development, and training;

(10) reviewing progress toward long and short term objectives specified in the previous plan.

(D) Departments shall adopt policies and procedures for developing individual and family support services regarding:

(1) development of an annual appropriations request for individual and family support services;

(2) program specifications:

(a) criteria for program services;

(b) methodology for allocating resources to individuals and families within the funds available;

(c) eligibility determination and admissions;

(d) limits on benefits.

(3) coordination of the family support program and the use of its funds equitably throughout the State with other publicly funded programs;

(4) resolution of grievances filed by consumers and an appeals process, including the designation of an Americans with Disabilities Act coordinator;

(5) quality assurance;

(6) annual independent evaluation of services, including measures of consumer satisfaction;

(7) schedule for implementation of the program.

Section 44-18-60. The Department of Disabilities and Special Needs shall submit its initial plan within one hundred fifty days of the effective date of this chapter and annually after that date to the Governor, the Chairmen of the Ways and Means and Senate Finance Committees, the Executive Director of the Human Services Coordinating Council, the Legislative-Governor's Committee on Mental Health and Mental Retardation, the Joint Committee on Children and Families, the Legislative Committee for People with Disabilities, and the Joint Legislative Health Care Planning and Oversight Committee. This plan must serve as a model for departments serving people with disabilities and their families.

Section 44-18-70. Implementation of this chapter and the individual and family support program is contingent upon annual appropriation of sufficient funding for the program and benefits. This chapter does not establish or authorize creation of an entitlement program or benefit."

SECTION 2. This act takes effect upon approval by the Governor.