The General Assembly of the Commonwealth of Kentucky hereby finds and declares that: (1) Assistance and support to citizens of the Commonwealth with an intellectual
disability and other developmental disabilities are necessary and appropriate roles of
state government;
(2) The current system of services and supports to persons with an intellectual disability and other developmental disabilities suffers from a lack of program coordination, funding, controls on quality of care, and review and evaluation;
(3) As part of the review and evaluation, it is necessary to require:
(a) Identification, development, and provision of services and supports for persons with an intellectual disability and other developmental disabilities using available institutional care as appropriate and integrated with community-based services designed to be inclusive, responsive to individual needs, and protective of the individual’s legal rights to equal opportunity;
(b) Review of current funding mechanisms to determine the best method to establish an array of community-based comprehensive services using facility- based outpatient services and supports that are available through public and private sectors, including nonprofit and for-profit service providers, that will allow persons with an intellectual disability and other developmental disabilities the opportunity to participate in community life. The review shall include consideration of the availability of residential alternatives, employment opportunities, and opportunities for participation in community- based social and recreational activities; and
(c) Development of funding strategies to promote appropriate use of community- based services and supports that provide:
1. Flexibility for persons with an intellectual disability and other developmental disabilities;
2. Distribution of available funds among all interested service providers, including nonprofit and for-profit service providers, based on the needs of the person with an intellectual disability and other developmental disabilities; and
3. Efficiency and accountability to the general public;
(4) KRS § 210.570 to KRS § 210.577 shall be construed to protect and to promote the continuing development and maintenance of the physical, mental, and social skills of persons with an intellectual disability and other developmental disabilities; and
(5) KRS § 210.570 to KRS § 210.577 shall not be construed:
(a) To alter any requirements or responsibilities that are mandated by any state or federal law;
(b) To relieve any organizational unit or administrative body of its duties under state or federal law; or
(c) To transfer among state organizations or administrative bodies any responsibilities, powers, or duties that are mandated by state or federal law.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 92, effective July 12, 2012. — Amended
2010 Ky. Acts ch. 141, sec. 21, effective July 15, 2010. — Created 2000 Ky. Acts ch.
403, sec. 1, effective April 14, 2000.