February 24, 2025
Nate Crippes / Public Affairs Supervising Attorney
ncrippes@disabilitylawcenter.org
Andrew Riggle / Public Policy Advocate
ariggle@disabilitylawcenter.org
(801) 363-1347 / (800) 662-9080
disabilitylawcenter.org
Dear Chairs Stevenson, Peterson, and Executive Appropriations Committee Members,
We hope the following list of items, along with a brief explanation of their importance from the Disability Law Center’s perspective is useful as you discuss where they may fall in your priority ranking.
Mental Health
- We fully support Rep. Eliason’s critical request for $3,412,000 to cover the gap created for local mental health authorities by the end of the American Rescue Plan Act’s enhanced match, ranked #50 by the Social Services Appropriations Committee. If the gap is not filled, an already struggling community-based system will have even fewer resources to meet the needs of unhoused persons and other at-risk individuals.
- We also support the governor’s recommendation and SSA’s #13 priority of $105,700 to create parity in foster care and JJYS Medicaid. These youth need access to mental health care, just like anyone else on Medicaid. Federal Medicaid law requires comparability of services for all those on Medicaid, so a failure to fund this item could result in noncompliance with the State’s obligations under Medicaid.
- We support SSA’s #23 priority of $2,244,000 and $3,060,000 one-time for a rural receiving center and their #26 priority of about $1 million ongoing and one-time for an additional mobile crisis outreach team. Utahns off the Wasatch Front experiencing a crisis deserve the chance to stabilize in a less costly alternative to the ER, hospital, or jail. Still, we have heard MCOTs are a less effective resource than they could be because of an inability to respond in a timely fashion due to a lack of capacity. This could be helped by the companion recommendation, at #46, of $6,500 for a 26% increase in the MCOT rate.
- Because certified peer support specialists are key to successful MCOT, receiving center, and other mental health responses, we support the committee’s #44 recommendation of $24,000 for a 35% increase in their rate as well.
- While we support SSA’s #4 recommendation of $3,800,000 for Utah State Hospital operations, we must oppose their #32 priority of 131,700 ongoing and $88,797,700 one-time requests for a 60-bed serious mental illness step-down facility. While we understand the needs at the Utah State Hospital, we would rather see substantial funding commitments like this to peer supports, case management, wraparound services, and deeply affordable housing is a more efficient and effective way to provide integrated, scattered-site permanent supportive housing for individuals with SMI.
Long-term Services and Supports
- We are grateful to the Social Services Appropriations Subcommittee for finding $20 million of savings so SSA could rank $12 million for the DSPD waiting list as its #1 priority. We hope it will bring around 700 people who have been waiting an average of 6 years or longer into services across the Community Supports and Limited Supports waivers, along with providing peer support to numerous families as they wait. Similarly, we support the committee’s #6 priority of $11 million to continue providing quality supports to those already in service, as any funding for this item not provided will cut into the number of people who can be moved off the waiting list.
- In June, the Department of Justice found Utah needs to do more to help students with significant disabilities successfully transition to post-high school education or jobs. While we support SSA’s #33 priority of $1,332,600, we prefer the governor’s recommendation of $2,665,200 to offer competitive and integrated employment to 100 more individuals.
- We regularly receive calls from parents caring for their child with a complex medical need. They report having trouble finding a private duty nurse to come in a couple hours a day or a week to provide a bit of break. This is why we support SSA’s #29 priority of Rep. Ward’s request of $1,925,900 for a rate increase.
- For any of this to be possible, the governor’s recommendation of $7,314,100 to increase rates for Home and Community-based Services recipients is crucial. Likewise, as you know from the letter we already sent you, we support his recommendation of $7,606,500 for a 23% and 31% rate increase to help maintain Aging and New Choices waiver providers, which was unranked by SSA. Of course, we also appreciate SSA internally funding Rep. Ward’s request a $4,857,500 for a home health rate increase. In the same vein, we appreciate Sen. Owens’ request of $8,250,200 for a cost-of-living adjustment, prioritized at #17 by SSA.
- While we appreciate SSA’s #9 priority of $5,291,400 for a nursing home and intermediate care facility for individuals with intellectual disabilities rate increase, and support more staff as part of the answer to quality concerns in residential and long-term care facilities, our report highlighting the consequences of a lack of oversight and enforcement demonstrates the need for SSA’s #10 priority of $308,100 for 3 additional Adult Protective Services caseworkers and 1 assistant guardian in the Office of Public Guardian.
- Two summers ago, we sought a plan to provide critical services to individuals on the Technology Dependent Waiver, as individuals on that waiver cannot access the DSPD waivers due to their need of a trach. Otherwise, they would have access to day services and more opportunities in the community. We worked with DHHS to come up with a solution, but, unfortunately, the governor did not include it among his rec Even so, we urge you to consider providing funding for another waiver to serve these individuals. At a minimum, we have asked the Social Services Appropriations Subcommittee to study this item in interim.
Legal Representation
- Guardianship removes a person’s fundamental freedoms. For this reason, an individual with a disability or who is aging and is facing the prospect of a guardianship is entitled to their own lawyer. Unfortunately, many cannot afford one. When this happens, the court asks for a volunteer. Sadly, many requests go unfilled, putting a person’s rights at risk. This is why we strongly support the Criminal Justice Appropriations Committee’s #19 priority of $366,800 for the Guardianship Signature Program. The money would allow the GSP to contract with two guardianship attorneys, ensuring prospective wards receive the due process they deserve.
Housing
- Sadly, funding for affordable housing is largely absent from the governor’s budget recommendations. While we appreciate the Economic and Community Development Appropriations Committee’s $3 million recommendation for the Affordable Housing Loan Fund and $200,000 for Housing Choice Vouchers, a much more substantial investment is needed. We urge you to support HB 286, which would use 25% of Liquor Control Fund profits as an ongoing funding source for truly affordable single- and multi-family housing.
As always, thank you for your time and considering our priorities. Please feel free to contact us if you have questions or would like more information.