state plan requirements

state plan requirements Sec. 202. (a) Section 122(b) is amended by striking out “for the provision of services for persons with developmental disabilities” in the matter preceding paragraph (1). (b) (1) (A) Section 122(b)(1) is amended— (i) by striking out subparagraph (A) and inserting in lieu thereof the following: “(A) The plan must provide for the establishment of a State Planning Council in accordance with section 124.”; (ii) by striking out subparagraph (B) and inserting in lieu thereof the following: “(B) The plan must designate the State agency which shall administer or supervise the administration of the State plan (hereafter in this part referred to as the ‘designated State agency'). Except as provided in subsection (e), the designated State agency may be— “(i) the State Planning Council required under subparagraph (A) if such Council may be the designated State agency under the laws of the State; “(ii) a State agency that does not provide or pay for services made available to persons with developmental disabilities; or “(iii) a State office, including the immediate office of the Governor of the State or a State planning office.”; and (iii) by striking out “each” in subparagraph (C) and inserting in lieu thereof “the”. (B) Section 122 is amended by adding at the end thereof the following new subsection: “(e) (1) If a State agency that provides or pays for services for persons with developmental disabilities was a designated State agency for purposes of this part on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 and the Governor of the State determines, before June 30, 1988, not to change the designation of such agency,101 STAT. 846 such agency may continue to be a designated State agency for purposes of this part. “(2) The determination of the Governor of a State under paragraph (1) shall be at the discretion of the Governor and shall be made by the Governor after the Governor has considered the comments of the general public and the non-State agency members of the State Planning Council with respect to the designation of such State agency, and after the Governor has made an independent assessment of the impact that the designation of such agency has on the ability of the State Planning Council to serve as an advocate for persons with developmental disabilities. “(3) If the Governor of a State determines not to retain the designation of a State agency in effect on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, the Governor shall, by October 1, 1990, designate another agency as the State agency in accordance with the requirements of subsection (b)(1)(B). “(4) After the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, any designation of a State agency shall be made in accordance with the requirements of subsection (b)(1)(B).”. (2) Section 122(b)(2) is amended— (A) by inserting a comma and “activities,” after “programs” in subparagraph (A); (B) by striking out clause (i) of subparagraph (C) and inserting in lieu thereof “(i) the extent and scope of services being provided, or to be provided, to persons with developmental disabilities under such other State plans or federally assisted State programs that the State conducts and in which persons with developmental disabilities are eligible to participate, including programs relating to education, job training, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, aging, programs for children with special health care needs, housing, comprehensive health and mental health, and such other plans as the Secretary may specify, and”; and (C) by striking out “priority services being or to be provided” in subparagraph (D) and inserting in lieu thereof “Federal and State priority areas which are addressed or which will be addressed”. (3) Section 122 (as amended by paragraph (1)(B) of this subsection) is further amended— (A) by redesignating paragraphs (3) through (7) of subsection (b) as paragraphs (4) through (8), respectively; (B) by inserting after paragraph (2) of such subsection the following new paragraph: “(3) The plan must describe a process and timetable for the completion, by January 1, 1990, by the State Planning Council in the State, of the reviews, analyses, and final report described in subsection (f).”; and (C) by adding at the end thereof the following new subsection: “(f) (1) Each State Planning Council shall conduct a comprehensive review and analysis of the eligibility for services provided, and the extent, scope, and effectiveness of, services provided and functions performed by, all State agencies (including agencies which provide public assistance) which affect or which potentially affect the ability of persons with developmental disabilities to achieve the goals of101 STAT. 847 independence, productivity, and integration into the community, including persons with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments. “(2) Each State Planning Council shall conduct a review and analysis of the effectiveness of, and consumer satisfaction with, the functions performed by, and services provided or paid for from Federal and State funds by each of the State agencies (including agencies providing public assistance) responsible for performing functions for, and providing services to, all persons with developmental disabilities in the State. Such review and analysis shall be based upon a survey of a representative sample of persons with developmental disabilities receiving services from each such agency, and if appropriate, shall include their families. “(3) Each State Planning Council shall convene public forums, after the provision of notice within the State, in order to— “(A) present the findings of the reviews and analyses prepared under paragraphs (1) and (2); “(B) obtain comments from all interested persons in the State regarding the unserved and underserved populations of persons with developmental disabilities which result from physical impairment, mental impairment, or a combination of physical and mental impairments; and “(C) obtain comments on any proposed recommendations concerning the removal of barriers to services for persons with developmental disabilities and to connect such services to existing State agencies by recommending the designation of one or more State agencies, as appropriate, to be responsible for the provision and coordination of such services. “(4) By January 1, 1990, each State Planning Council shall prepare and transmit to the Governor of the State and the legislature of the State a final written report concerning the review and analyses conducted under paragraphs (1) and (2). The report shall contain recommendations by the State Planning Council concerning— “(A) the most appropriate agency or agencies of the State to be designated as responsible for the provision and coordination of services for persons with developmental disabilities who are traditionally underserved, such as persons with developmental disabilities attributable to physical impairment, persons with developmental disabilities attributable to dual mental impairments, and persons with developmental disabilities attributable to a combination of physical and mental impairments, and such other subpopulations of persons with developmental disabilities (including minorities) as the State Planning Council may identify; and “(B) the steps to be taken to include the data and recommendations obtained through the conduct of the reviews and analyses under paragraphs (1) and (2) in the State Planning Council’s ongoing advocacy, public policy, and model service demonstration activities. “(5) By January 15, 1990, the Governor of each State shall submit to the Secretary a copy of the report required by paragraph (4). By April 1, 1990, the Secretary shall transmit a summary of such reports to the appropriate committees of the Congress.”. (4) Section 122(b)(4) (as redesignated by paragraph (3)(A) of this subsection) is amended— 101 STAT. 848 (A) by striking out “strengthening services for” in subparagraph (A) and inserting in lieu thereof “enhancing the independence, productivity, and integration into the community of”; and (B) by striking out “or agencies” each place it appears in subparagraph (C). (5) Section 122(b)(5) (as redesignated by paragraph (3)(A) of this subsection) is amended— (A) by striking out subparagraph (A) and inserting in lieu thereof the following: “(A) The plan must provide for the examination, not less often than once every three years, of the provision, and the need for the provision, in the State of the four Federal priority areas and the State priority area. Such examination shall be made consistent with subparagraph (B).”; (B) by striking out subparagraph (B) and inserting in lieu thereof the following: “(B) The plan must provide for the review and revision, not less often than once every three years, of the comprehensive Statewide plan to ensure the existence of appropriate planning, financial support and coordination, and to otherwise appropriately address, on a Statewide and comprehensive basis, urgent needs in the State for the provision of services for persons with developmental disabilities and the families of such persons. Such review and revision, and examination under subparagraph (A), shall take into account the reviews and analyses conducted, and the report prepared, under subsection (f), and shall, at a minimum, include— “(i) an analysis of such priority areas in relation to limited support or lack of support for persons with developmental disabilities attributable to either physical impairment, mental impairment, or a combination of physical and mental impairments; “(ii) an analysis of criteria for eligibility for services, including specialized services and special adaptation of generic services provided by agencies within the State, that may be causing persons with developmental disabilities to be excluded from receiving such services; “(iii) an analysis of services, assistive technology, or knowledge which may be unavailable to assist persons with developmental disabilities; “(iv) an analysis of existing and projected fiscal resources; “(v) an analysis of any other issues identified by the State Planning Council; and “(vi) the formulation of objectives in both policy reform and service demonstration to address the issues described in clauses (i) through (v) for all subpopulations of persons with developmental disabilities which may be identified by the State Planning Council.”; (C) by striking out subparagraph (C); (D) by redesignating subparagraphs (D), (E) and (F) as subparagraphs (C), (D), and (E), respectively; (E) by striking out “service activities in the priority services” in clause (i) of subparagraph (D) (as redesignated by subparagraph (D) of this paragraph) and inserting in lieu thereof “activities in the Federal priority area of employment activities, and, at the discretion of the State, activities in any or all of the three other Federal priority areas and a State priority area, the101 STAT. 849 conduct of the analyses specified in clauses (i) through (v) of subparagraph (B), and the implementation of paragraph (3) and subsection (f)”; (F) by striking out “service activities for persons with developmental disabilities, and” in clause (ii) of such subparagraph; (G) by inserting “priority area activities for” after “administration of’ in such clause; and (H) by striking out “the provision of such services” in such clause and inserting in lieu thereof “persons with developmental disabilities”. (6) Section 122(b)(6) (as redesignated by paragraph (3)(A) of this subsection) is amended— (A) by striking out “services furnished” in clause (i) of subparagraph (A) and inserting in lieu thereof “programs”; (B) by striking out “furnished” in such clause and inserting in lieu thereof “operated”; and (C) by striking out “delivery of services” in clause (ii) of such subparagraph and inserting in lieu thereof “programs”. (7) Section 122(b)(7)(B) (as redesignated by paragraph (3)(A) of this subsection) is amended by striking out “alternative community living arrangement services” and inserting in lieu thereof “community living activities”.