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SB 1652

MENTAL HLTH-HOME SERVICES

104th Regular Session Introduced by Laura Fine

DHS can exceed monthly funding caps for adults with mental disabilities when a documented need shows higher support is required, enabling home-based services in the community.

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Bill Summary · SB 1652

Summary — SB 1652: Mental Health — Home-Based Services (Developmental & Mental Disability Services Act)

Status: Introduced (text effective upon becoming law per bill)
Introduced: February 2025

Purpose

SB 1652 amends the Developmental Disability and Mental Disability Services Act to allow the Department of Human Services (DHS) to provide greater monthly funding for home-based services to adults with a mental disability when that individual’s documented service needs require a higher funding level. The change is intended to enable persons with greater needs to receive services and supports necessary to continue living in the community.

Key provisions

  • Funding cap relief (subject to appropriation): DHS may exceed the statutory monthly funding limits (previously capped at either 300% or 200% of the federal Supplemental Security Income (SSI) monthly payment, depending on special education enrollment) for an adult with a mental disability when:
    • A determination of need (administered by DHS or its service coordination agent) shows the individual requires a higher level of funding; and
    • The higher needs and amount are incorporated into the individual’s service plan and align with criteria adopted by DHS.
  • Use restriction: Additional funds may be limited to services and supports necessary for the adult to continue living in the community.
  • Rulemaking: DHS is authorized to adopt rules to implement the subsection.
  • Tangible items: With DHS approval, approved monthly home-based service funds may be used (one-time or ongoing) to pay for tangible items related to basic needs linked to the person’s mental disability — examples include adaptive equipment, medications not covered by third-party payers, nutritional supplements, and residential modifications.
  • Effective date: The act takes effect upon becoming law (unless otherwise specified).

Who is affected

  • Primary beneficiaries: Adults with a mental disability receiving or eligible for home-based services whose needs exceed existing per-month funding caps.
  • Other affected parties: Legal guardians (when applicable), service coordination agents/case managers, service providers, and the Department of Human Services (administration, program oversight, rulemaking).
  • Fiscal impact: Implementation depends on legislative appropriations; the bill authorizes but does not mandate additional spending.

Potential impacts and considerations

  • Service continuity: Enables tailored funding increases so individuals with higher support needs can remain in community settings rather than institutional care.
  • Budgetary discretion: Expanded spending is expressly subject to appropriation; DHS rulemaking will determine operational criteria and limits.
  • Administrative effects: DHS and service coordination agents will need procedures for need determinations, service-plan integration, oversight of allowable uses, and potentially rule development.

This summary focuses on the statutory change allowing DHS to exceed prior funding ceilings for home-based services for adults with mental disabilities when justified by a documented determination of need and subject to appropriation and departmental rules.

Compiled from official sources — confirm details with the bill’s official record.

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