All personal needs funds must be held in trust by a residential facility authorized to provide services pursuant to this part 4, or the residential facility's designated trustee, separate and apart from any other funds of the facility, in a checking account or savings account or any combination established to protect and separate the personal needs funds of the members. At all times, the principal and all income derived from the principal in the personal needs trust fund must remain the property of the participating members, and the residential facility or the facility's designated trustee is bound by all of the duties imposed by law upon fiduciaries in handling the fund including accounting for all expenditures from the fund.
Source: L. 2006: Entire article added with relocations, p. 1947, � 7, effective July 1. L. 2024: Entire section amended, (SB 24-176), ch. 152, p. 667, � 86, effective August 7.
Editor's note: This section is similar to former � 26-4-631 as it existed prior to 2006.
25.5-6-412. Cross-system response for behavioral health crises pilot program - legislative declaration - creation - criteria - recommendations - fund - repeal. (Repealed)
Source: L. 2015: Entire section added, (HB 15-1368), ch. 308, p. 1258, � 1, effective June 5. L. 2017: IP(3) and (3)(e) amended, (SB 17-242), ch. 263, p. 1329, � 208, effective May 25.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2019. (See L. 2015, p. 1258.)
25.5-6-413. Elimination of subminimum wage - transition plan for individuals with disabilities - waiver - legislative declaration - definition. (1) The general assembly finds and declares that:
(a) The payment of subminimum wages is an economic justice issue for individuals with disabilities, impacting their ability to earn wages equal to their peers without disabilities and devaluing their contributions based on their disabilities;
(b) Service enhancements and public policy changes are needed to address these systemic barriers and assist individuals in subminimum wage jobs to pursue competitive integrated employment; and
(c) The elimination of subminimum wage employment, along with the implementation of critical service enhancements and policy changes, is essential to promoting economic justice for, and the enhanced self-sufficiency of, individuals with disabilities while ensuring that individuals currently working in subminimum wage jobs can successfully transition to competitive integrated employment, supported employment, or integrated community activities related to each individual's employment goals.
(2) (a) The state department shall seek federal approval, with an effective date on or before July 1, 2023, to add the following medicaid waiver services for adults with intellectual and developmental disabilities to assist them with pursuing competitive integrated employment:
(I) Support to provide line-of-sight supervision on the job as a less intensive and less expensive alternative to individual job coaching, when appropriate; and
(II) Ongoing benefits counseling to assist such adults in earning higher incomes while retaining necessary supports.
(b) The state department shall collaborate with stakeholders to develop service coverage standards, reimbursement rates, and limitations on the services described in subsection (2)(a) of this section.
(3) The state department shall seek federal approval, with an effective date on or before July 1, 2023, to remove the following services from the service plan authorization limits to ensure access to employment supports:
(a) Job coaching, individual; and
(b) Job development, individual.
(4) The state department shall collaborate with stakeholders to publish clarifying guidance regarding allowable activities under services described in subsection (3) of this section.
(5) As used in this section, competitive integrated employment has the same meaning as set forth in section 8-84-301 (3).
Source: L. 2021: Entire section added, (SB 21-039), ch. 380, p. 2548, � 6, effective July 1.