§ 25.5-6-402 — Legislative declaration - Prader-Willi syndrome

(1) The
general assembly finds and declares that it is the purpose of this part 4 to provide
services for persons with intellectual and developmental disabilities that would
foster the following goals:

(a) To maintain eligible persons in the most appropriate settings possible and
to minimize admissions to institutions;

(b) To recognize the unique services requirements of persons with
developmental disabilities;

(c) To provide optimum accessibility to various important social, habilitative,
remedial, residential, and health services that are available to assist in maintaining
eligible persons in the least restrictive settings;

(d) To provide eligible persons who have the capacity to remain outside an
institutional setting access to appropriate social, habilitative, remedial, residential,
and health services, without which institutionalization would be necessary;

(e) To provide the most efficient and effective use of funds in the delivery of
these social, habilitative, remedial, residential, and health services to eligible
persons;

(f) To coordinate, integrate, and link these social, habilitative, remedial,
residential, and health services into existing community-based service delivery
systems for persons with developmental disabilities, to avoid unnecessary and
expensive duplication of services;

(g) To allow the state substantial flexibility in organizing and administering
the delivery of social, habilitative, remedial, residential, and health services to
eligible citizens.

(2) The general assembly intends that the state department and the
department of human services shall cooperate to the maximum extent possible in
designing, implementing, and administering the programs authorized under this
part 4.

(3) Nothing in this part 4 shall be construed to disqualify persons from
receiving any benefits to which they would otherwise be eligible under parts 1 and 2
of article 5 of this title, or under Title XIX of the federal Social Security Act, as
amended, by reason of being designated as a person with developmental
disabilities.

(4) The general assembly further finds and declares that:

(a) Repealed.

(b) Because Prader-Willi syndrome is a genetic disorder, individuals either
have it or they do not. Further, because there is not currently a cure, individuals who
have Prader-Willi syndrome will have it for life.

(c) This disorder affects members of every culture, religion, economic class,
race, and social order;

(d) The most critical hallmark of Prader-Willi syndrome is overeating.
Individuals with Prader-Willi syndrome cannot tell when they are full and will
continue to eat without stopping, leading to a ruptured stomach and even death.
Other symptoms include significant developmental and cognitive delays, skin
picking, sleep problems, obsessive-compulsive behaviors, hypothyroidism,
hypogonadism, and low muscle tone.

(e) Repealed.

Legislative History

Source: L. 2006: Entire article added with relocations, p. 1942, � 7, effective July 1. L. 2018: IP(1) amended and (4) added, (SB 18-074), ch. 98, p. 769, � 1, effective August 8. L. 2023: (4)(a) and (4)(e) repealed and (4)(d) amended, (HB 23-1040), ch. 41, p. 160, � 1, effective March 31.