S-2090.2 _______________________________________________
SUBSTITUTE SENATE BILL 5490
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senate Committee on Health & Human Services (originally sponsored by Senators Niemi, L. Smith, Talmadge, Wojahn, M. Rasmussen, McAuliffe and Erwin)
Read first time 03/03/93.
AN ACT Relating to developmental disabilities; amending RCW 71A.10.015, 71A.10.020, 71A.10.050, 71A.10.060, 71A.10.070, 71A.12.010, 71A.12.020, 71A.12.030, 71A.12.060, 71A.12.070, 71A.12.080, 71A.12.100, 71A.12.120, 71.14A.020, 71A.14.030, 71A.14.040, 71A.14.050, 71A.14.060, 71A.14.070, 71A.14.080, 71A.14.090, 71A.14.110, 71A.16.020, 71A.16.040, 71A.16.050, 71A.18.010, 71A.18.020, 71A.18.040, 71A.18.050, and 71A.20.020; adding a new section to chapter 71A.12 RCW; adding new sections to chapter 71A.14 RCW; adding a new section to chapter 71A.16 RCW; adding new sections to chapter 71A.20 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 74.09 RCW; creating new sections; and repealing RCW 71A.10.010, 71A.10.800, 71A.10.901, 71A.10.902, 71A.12.040, 71A.12.050, and 71A.14.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71A.10.015 and 1988 c 176 s 101 are each amended to read as follows:
The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities and their families through a uniform, coordinated system of locally administered services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington. The legislature recognizes that living in home and community-based settings is most conducive to personal growth and independence and is generally more cost-effective than institutional care. Toward this goal, the legislature intends to preserve, strengthen, and maintain families caring for their members with developmental disabilities, including families that select out-of-home placement as members with developmental disabilities reach adulthood, but continue to provide some support to the members with developmental disabilities outside the home. Public policy encourages the family to seek out-of-home living and treats the adult member as a separate individual, interdependent on the family and appropriate services. The legislature finds that if families and friends in ongoing relationships with individuals with developmental disabilities provide support, augmented by family support and community-based services, the cost of long-term care may decrease.
Sec. 2. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Case management" includes, but is not limited to, those services that assist eligible families to gain access to social, medical, legal, educational, and other services and includes:
(a) Services that assure, through a continuing relationship between an agency or provider and a family, that the changing needs of the family are recognized and appropriately met;
(b) Coordinating and monitoring services provided to families by two or more persons, organizations, or agencies; and
(c) Providing information to families about the availability of services and assisting them in obtaining appropriate services.
(2) "Community-based services" means formal programs and informal associations designed to promote independence, productivity, and integration for individuals with developmental disabilities and their families.
(3) "Department" means the department of social and health services.
(((2))) (4) "Developmental
disability" means ((a disability attributable to mental retardation,
cerebral palsy, epilepsy, autism, or another neurological or other condition of
an individual found by the secretary to be closely related to mental
retardation or to require treatment similar to that required for individuals
with mental retardation, which disability originates before the individual
attains age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial handicap to the individual.
By January 1, 1989, the department shall promulgate rules which define
neurological or other conditions in a way that is not limited to intelligence
quotient scores as the sole determinate [determinant] of these conditions, and
notify the legislature of this action)) severe, chronic disability that
(a) is attributable to a mental or physical impairment (or combination); (b) is
manifested before age twenty-two years; (c) is likely to continue indefinitely;
(d) results in a number of substantial functional limitations of activities of
daily living or instrumental activities of daily living to be defined by the
secretary in rule. Persons who received services on January 1, 1993, shall
continue to be eligible to receive services as determined by individual service
plan assessments performed under this title.
(5) "Early childhood development services" means services designed to ameliorate the effects of a developmental delay in a child under age three. Depending upon the child's assessed needs, such services may include audiology, communication disorders therapy, family counseling and education, occupational therapy, physical therapy, psychological services, and special instruction.
(((3))) (6) "Eligible
person" means a person who has been found by the secretary or local
support network under RCW 71A.16.040 to be eligible for services.
(((4))) (7) "Family" means
the unit that consists of an individual member with a developmental disability
and one or more natural, adoptive, or foster parents, or siblings, or
grandparents, or children, or guardians, regardless of where each member
resides.
(8) "Habilitative services"
means ((those)) services ((provided by program personnel)) to
assist persons in acquiring and maintaining life skills and to raise their
levels of physical, mental, social, and vocational functioning. Habilitative
services include, but are not limited to, education, training for
employment, ((and)) therapy, and residential skills training and
support.
(((5))) (9) "Independence"
means the extent to which individuals with developmental disabilities and their
families exert control and choice over their own lives.
(10) "Integration" and "inclusion" mean (a) the use by individuals with developmental disabilities and their families of the same community resources that are used by and are available to other individuals; (b) the participation by persons with developmental disabilities and their families in the same community activities in which individuals without developmental disabilities participate, together with regular contact with individuals without developmental disabilities; and (c) the residing in homes or in homelike settings by individuals with developmental disabilities.
(11) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.
(((6))) (12) "Local support
network" means one or more regional support networks according to chapter
71.24 RCW and either (a) having a resident population of not fewer than one
hundred fifty thousand persons or (b) consisting of not fewer than three
counties.
(13) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
(((7))) (14) "Productivity"
or "contribution" mean engagement by an individual with developmental
disabilities in income-producing work that is measured through improvements in
wages and benefits, employment status, or job advancement, or engagement by an
individual with a developmental disability in work contributing to household or
community.
(15) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.
(((8))) (16) "Residential
setting" means a setting in which an individual or agency contracts with
and is reimbursed by the department or a local support network to provide
assistance with activities of daily living or instrumental activities of daily living.
Such settings include but are not limited to adult family homes, assisted
living facilities, children's foster homes, group homes, including
state-operated living alternatives, intermediate care facilities for the
mentally retarded, nursing homes, public and private psychiatric hospitals,
residential habilitation centers, and tenant support arrangements.
(17) "Secretary" means the secretary of social and health services or the secretary's designee.
(((9))) (18) "Service"
or "services" means ((services provided by state or local
government)) actions and activities undertaken to increase the
independence of persons with developmental disabilities provided by the state
in residential habilitation centers or by local support networks to carry
out this title.
(19) "Therapeutic services" means occupational, physical, communication, respiratory, vision, behavior management, mental health, medication management, and other therapies to increase, maintain, or improve the functional capacities of individuals with developmental disabilities.
Sec. 3. RCW 71A.10.050 and 1989 c 175 s 138 are each amended to read as follows:
(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services or the local support network has the right to appeal the following department or local support network actions:
(a) A denial of an application for eligibility under RCW 71A.16.040;
(b) An unreasonable delay in acting on an application for eligibility, for a service, or for an alternative service under RCW 71A.18.040;
(c) A denial, reduction, or termination of a service;
(d) A claim that the person owes a debt to the state for an overpayment;
(e) A disagreement with an action of the secretary under RCW 71A.10.060 or 71A.10.070;
(f) A decision to return a resident of ((an
[a])) a residential habilitation center to the community; and
(g) A decision to change a person's ((placement))
support from one ((category)) type of ((residential
services to a different category of residential services)) support to
another.
The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
(2) This subsection applies only to an
adjudicative proceeding in which the department action appealed is a decision
to return a person who is a resident of a habilitation center as of
the effective date of this act to the community. The resident or his or
her representative may appeal on the basis of whether the specific placement
decision is in the best interests of the resident. When the resident or his or
her representative files an application for an adjudicative proceeding under
this section the department has the burden of proving that the specific placement
decision is ((in the best interests)) of equal or greater value to
the resident.
(3) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the recipient of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice of a decision to return a resident of a habilitation center to the community under RCW 71A.20.080 must also include a statement advising the recipient of the right to file a petition for judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
Sec. 4. RCW 71A.10.060 and 1989 c 175 s 139 are each amended to read as follows:
(1) Whenever this title requires the secretary to give notice, the secretary shall give notice to the person with a developmental disability and, except as provided in subsection (3) of this section, to at least one other person. The other person shall be the first person known to the secretary in the following order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) A person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person.
(2) Notice to a person with a developmental disability shall be given in a way that the person is best able to understand. This can include reading or explaining the materials to the person.
(3) A person with a developmental disability
may, in ((writing)) a way that the person is best able,
request the secretary to give notice only to that person. The secretary shall
comply with that direction unless the secretary denies the request because the
person may be at risk of losing rights if the secretary complies with the
request. The secretary shall give notice as provided in subsections (1) and
(2) of this section. On filing an application with the secretary within thirty
days of receipt of the notice, the person who made the request has the right to
an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision.
(4) The giving of notice to a person under this title does not empower the person who is given notice to take any action or give any consent.
Sec. 5. RCW 71A.10.070 and 1989 c 175 s 140 are each amended to read as follows:
(1) Whenever this title places on the secretary the duty to consult, the secretary shall carry out that duty by consulting with the person with a developmental disability and, except as provided in subsection (2) of this section, with at least one other person. The other person shall be in order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) Any other person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person.
(2) A person with a developmental disability
may, in ((writing)) a way that the person is best able,
request the secretary to consult only with that person. The secretary shall
comply with that direction unless the secretary denies the request because the
person may be at risk of losing rights if the secretary complies with the
request. The secretary shall give notice as provided in RCW 71A.10.060 when a
request is denied. On filing an application with the secretary within thirty
days of receipt of the notice, the person who made the request has the right to
an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision.
(3) Consultation with a person under this section does not authorize the person who is consulted to take any action or give any consent.
Sec. 6. RCW 71A.12.010 and 1988 c 176 s 201 are each amended to read as follows:
(1) It is declared to be the policy of
the state to authorize the secretary to ((develop and coordinate state))
encourage the local development and coordination of services for persons
with developmental disabilities and their families; to encourage
research and staff training for state and local personnel working with persons
with developmental disabilities and their families; and to cooperate
with communities to encourage the establishment and development of services to
persons with developmental disabilities through locally administered and
locally controlled programs.
(2) The complexities of developmental
disabilities require ((the)) that community services ((of))
be funded by many state departments ((as well as those of)) in
addition to services funded and supported within the community. Services
should be planned ((and)), provided, and coordinated as a
part of a ((continuum)) local support network. A pattern of
facilities and services should be established, within appropriations designated
for this purpose, which is sufficiently complete to meet the needs of each
person with a developmental disability regardless of age or degree of handicap,
and at each stage of the person's development.
(3) The department shall assist local support networks in coordinating efforts by public and private agencies to provide services for individuals with developmental disabilities and their families. The department shall apply the principles of coordination in chapter 198, Laws of 1992, to this chapter.
Coordination efforts shall include, but not be limited to:
(a) Identifying services provided by different agencies to eliminate duplication;
(b) Designating areas of responsibility for services, identifying existing gaps in services, and assigning responsibility for providing the missing services; and
(c) Coordinating planning among and implementation by agencies and consumer groups to ensure that interagency programs receive approval from individuals with developmental disabilities and their families.
Sec. 7. RCW 71A.12.020 and 1988 c 176 s 202 are each amended to read as follows:
(1) To the extent that state, federal, or other funds designated for services to persons with developmental disabilities are available, and consistent with the provisions of chapter ..., Laws of 1993 (this act) the secretary shall work with interested local communities to provide every eligible person with habilitative services suited to the person's needs, regardless of age or degree of developmental disability.
(2) Consistent with the provisions of chapter ..., Laws of 1993 (this act) the secretary shall work with interested local communities to provide persons who receive services with the opportunity for integration with nonhandicapped and less handicapped persons to the greatest extent possible.
(3) The secretary shall establish minimum standards for habilitative services. Consumers, advocates, service providers, appropriate professionals, and local government agencies shall be involved in the development of the standards.
NEW SECTION. Sec. 8. A new section is added to chapter 71A.12 RCW to read as follows:
(1) The department is designated as the state developmental disabilities authority.
(2) The secretary shall provide for public, consumer, and licensed service provider participation in developing the state developmental disabilities program as provided in this title.
(3) The secretary shall be designated as the local support network if a local support network fails to meet state minimum standards or refuses to exercise responsibilities under chapter . . ., Laws of 1993 (this act).
(4) The secretary shall:
(a) Assure that any local support network community developmental disabilities program prevent or reduce out-of-state, inappropriate out-of-home, inpatient, or institutional care by providing access to services under this chapter for the local support network's residents with developmental disabilities;
(i) Such programs shall provide:
(A) Early childhood development services;
(B) Employment and community-based services;
(C) Family support;
(D) Individual and family resource coordination, which includes providing information to individuals with developmental disabilities and their families concerning the availability of services and assisting them in obtaining appropriate services;
(E) Information and referral;
(F) Residential services or appropriate residential support for those receiving residential services as of January 1, 1993;
(ii) Such programs may provide:
(A) Architectural services;
(B) Family counseling;
(C) Health services and equipment;
(D) Legal services;
(E) Residential services or appropriate residential support for those needing, but not yet receiving, such services as of January 1, 1993;
(F) Therapy services and equipment; and
(G) Transportation services;
(b) Include services under this title in the standard contract or contracts which are in effect between the local support network and the state;
(c) Develop standards for certification of providers and local support networks;
(d) Certify local support networks that meet state minimum standards;
(e) Periodically inspect certified local support networks at reasonable times and in a reasonable manner;
(f) Adopt preliminary rules by January 1, 1994, rules as are necessary to implement the department's responsibilities under this chapter pursuant to chapter 34.05 RCW. The rules shall include criteria for waiving the requirement that a regional support network or group of regional support networks shall have a minimum population of one hundred fifty thousand or consist of at least three counties. The criteria shall require at a minimum that the regional support network establish that its per capita operating costs will be not greater nor their services less than local support networks that satisfy the minimum size requirements;
(g) In collaboration with local support networks, establish specific criteria in contract that shall be used to evaluate local support network performance. The criteria shall include reduction in the percentage of out-of-home care, reduction in the percentage of state and local inpatient hospital and other institutional care, reduction in the cost of persons served, and increased consumer employment and earnings;
(h) Disburse the first funds for the local support networks that are ready to begin implementation within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt;
(i) No later than two years after the creation of a local support network, allocate one hundred percent of available resources to local support networks created in a single grant distributed in accordance with chapter . . ., Laws of 1993 (this act);
(j) Notify local support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period; and
(k) Deny funding allocations to local support networks based solely upon formal findings of noncompliance with the terms of the local support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, local support networks shall have full rights to appeal under chapter 34.05 RCW.
(5) Each certified local support network and service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified local support network or service provider that, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification revoked or suspended.
(6) The secretary may suspend, revoke, limit, or restrict a certification, or refuse to grant a certification for failure to conform to the law, applicable rules, or applicable standards, or failure to meet the minimum standards established pursuant to this section.
(7) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, upon the advice of the attorney general who shall represent the secretary in the proceedings, maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a local support network or service provider without certification under this chapter.
(8) The department, in consultation with affected parties, shall establish a distribution process that reflects local support network needs assessments based on the number of persons with developmental disabilities.
(9) The department of social and health services, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services under this title. The department shall periodically report its efforts to the ways and means and health and human services committees of the senate and the appropriations and human services committees of the house of representatives.
(10) The state developmental disabilities authority may not determine the roles and responsibilities of local support networks as to each other by rule, except to assure that all duties required of local support networks are assigned and that a single authority has final responsibility for all available resources and performance under the local support network's contract with the secretary.
(11) The secretary shall assure the cooperation and coordination of all government agencies under his or her jurisdiction with the local support networks in the provision of developmental disabilities services.
Sec. 9. RCW 71A.12.030 and 1988 c 176 s 203 are each amended to read as follows:
(1) The secretary ((is authorized))
shall encourage the development of a system of local support networks to
provide, or arrange with others to provide, all services and facilities that
are necessary or appropriate to accomplish the purposes of this title, and to
take all actions that are necessary or appropriate to accomplish the purposes
of this title, except for those duties specifically reserved for the state
according to this title. The secretary shall adopt rules under the
administrative procedure act, chapter 34.05 RCW, as are appropriate to carry
out this title.
(2) By December 1 of each year, the secretary shall approve local support networks requested by regional support networks. Regional support networks seeking to be approved as a local support network by January 1 of any year shall submit their intentions by August 1 of the previous year along with preliminary plans. The secretary shall assume all local support network duties not otherwise assigned under this title.
The implementation of local support networks, or the secretary's assumption of all responsibilities under this title, shall be included in all state and federal plans affecting the state developmental disabilities program including at least those required by this chapter, the medicaid program, and any other federal program that provides funding for this program. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
Sec. 10. RCW 71A.12.060 and 1988 c 176 s 206 are each amended to read as follows:
Except as may be specifically contracted with local support networks, the secretary is authorized to pay for all or a portion of the costs of care, support, and training of residents of a residential habilitation center who are placed in community residential programs under this section and RCW 71A.12.070 and 71A.12.080.
Sec. 11. RCW 71A.12.070 and 1988 c 176 s 207 are each amended to read as follows:
All payments made by the secretary or by a
local support network under RCW 71A.12.060 shall, insofar as reasonably
possible, be supplementary to payments to be made for the costs of care,
support, and training in a community residential program by the estate of such
resident of the residential habilitation center, or from any resource which
such resident may have, or become entitled to, from any public, federal, or
state agency. ((Payments by the secretary under this title may, in the
secretary's discretion, be paid directly to community residential programs, or
to counties having created developmental disability boards under chapter 71A.14
RCW.))
Sec. 12. RCW 71A.12.080 and 1988 c 176 s 208 are each amended to read as follows:
(1) The secretary with advice from the local
support networks shall adopt rules ((concerning)) affirming
the eligibility of all residents of residential habilitation centers for
placement in the least restrictive community residential ((programs))
setting or community supports under this title((;)). The
secretary shall refer individuals to local support networks for placement in
the most cost-effective available program consistent with this title. Nothing
in this title shall preclude supervised placements where it is necessary to
assure public safety, to provide specialized diagnoses of developmental
disabilities, or provide for specialized support including specialized respite
care that cannot be provided cost-effectively through family support or other
nonfacility based services.
(2) The secretary shall adopt rules
concerning the determination of the ability according to
supplemental security income (SSI) criteria of ((such)) persons living
in residential habilitation centers or community residential programs or
their estates to pay all or a portion of the cost of care, support, and
training; the manner and method of licensing or certification and inspection
and approval of such community residential programs for placement under this
title; and procedures for the payment of costs of care, maintenance, and
training in community residential programs. The rules shall include standards
for care, maintenance, and training to be met by such community residential
programs.
(((2))) (3) The secretary shall
coordinate state activities and resources relating to placement in community
residential programs to help efficiently expend state and local resources and,
to the extent designated funds are available, create an effective community residential
program.
Sec. 13. RCW 71A.12.100 and 1988 c 176 s 210 are each amended to read as follows:
Consistent with the general powers of the secretary and the intent of chapter . . ., Laws of 1993 (this act) regarding the encouragement of local services network development and whether or not a particular person with a developmental disability is involved, the secretary may:
(1) Provide information to the public on developmental disabilities and available services;
(2) Engage in research concerning developmental disabilities and the habilitation of persons with developmental disabilities, and cooperate with others who do such research;
(3) Provide consultant services to public and private agencies to promote and coordinate services to persons with developmental disabilities;
(4) Provide training for persons in state or local governmental agencies, including local support networks, or with private entities who come in contact with persons with developmental disabilities or who have a role in the care or habilitation of persons with developmental disabilities.
Sec. 14. RCW 71A.12.120 and 1988 c 176 s 212 are each amended to read as follows:
(1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth in this title in any programs provided by any federal law and to designate state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training at the state or local level for persons with developmental disabilities and for persons who work with persons with developmental disabilities.
(2) Designated state agencies may apply for and
accept and disburse federal grants, matching funds, or other funds or gifts or
donations from any source available ((for use by the state or by local
government)) to local support networks to provide more adequate
services for and habilitation of persons with developmental disabilities.
NEW SECTION. Sec. 15. A new section is added to chapter 71A.14 RCW to read as follows:
(1) The local support network shall:
(a) Contract as needed with certified service providers to provide services and supports according to the provisions of chapter . . ., Laws of 1993 (this act). The local support network may, in the absence of a certified service provider entity, become a certified service provider entity pursuant to minimum standards required for certification by the department for the purpose of providing services not available from certified service providers;
(b) Operate as a service provider if it deems that doing so is more efficient and cost-effective than contracting for services. When doing so, the local support network shall comply with rules adopted by the secretary that shall provide measurements to determine when a local support network provided service is more efficient and cost-effective;
(c) Monitor and perform biennial fiscal audits of certified service providers who have contracted with the local support network to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal process that insures that the certified service providers and professionals designated in this subsection meet the terms of their contracts, including the minimum standards of service delivery as established by the department;
(d) Coordinate services for eligible persons who are in jeopardy of becoming patients at a state or local mental hospital or a residential habilitation center;
(e) Within three months of recognition, submit an overall two‑year operating and capital plan, timeline, and budget and after two years submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two‑year plan biennially thereafter, within available resources to administer and provide for the availability of all services under chapter . . ., Laws of 1993 (this act) as have been mutually agreed to by the secretary and the local support network. As part of this operating and capital plan and budget, the local support network shall prepare, adopt, review, solicit public input in the preparation of, and, as appropriate, revise a family support plan and budget that shall:
(i) Assess needs, establish goals, and set priorities for the provision of family support services to families of individuals with developmental disabilities;
(ii) Provide for coordinated delivery of family support services and establish comprehensive services, resources, and programs for families; and
(iii) Review and comment on plans and services provided by departmental divisions and other state agencies that affect the state plan;
(f) Assume all duties that prior to chapter . . ., Laws of 1993 (this act) were assigned to county authorities by this title;
(g) Assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary. Such contracts may include agreements to provide periods of stable community living and work or other day activities for specific developmentally disabled persons who have resided at state or local mental hospitals or residential habilitation centers;
(h) Not restrict access to services or service providers if doing so will jeopardize the receipt of federal funds;
(i) Implement the biennial plan by requiring that providers of family support services, as applicable:
(A) Identify and coordinate all available resources, both formal, and informal, public and private, so that the family's identified needs can be met and their strengths applied;
(B) Include participation of families with members with developmental disabilities in all phases of planning, developing, implementing, and evaluating the programs that affect them;
(C) Be staffed by qualified staff who are trained in the principles of the family support program;
(D) Be flexible, so that families will have power to decide what services to use, how to use them, and how often to use them, unless the law requires otherwise on behalf of the individual with developmental disabilities;
(E) Apply the family-focused principles identified in this act;
(F) Disseminate information so that eligible families will know of the availability of services; and
(G) Avoid discrimination on the basis of race, sex, religion, ethnicity, national origin, or disabling condition in the employment of individuals in the program;
(j)(A) Use funds allocated for the family support program to purchase a broad range of goods and services within the following categories to support the family. Services authorized by the family support program shall include, but not be limited to:
(I) Case management and service coordination that includes individualized planning;
(II) Specialized diagnosis and evaluation;
(III) Medical and dental care not otherwise covered by third-party payors;
(IV) Respite care for families;
(V) Personal assistance services;
(VI) Homemaker services;
(VII) Home health services;
(VIII) Therapeutic and nursing services not otherwise covered;
(IX) Home and vehicle modifications;
(X) Equipment and supplies;
(XI) Transportation;
(XII) Recreation and social services;
(XIII) Specialized nutrition and clothing;
(XIV) Counseling services;
(XV) Parent education and training;
(XVI) Communication services;
(XVII) Crisis intervention;
(XVIII) Vocational and employment supports;
(XIX) Day care;
(XX) Specialized utility costs;
(XXI) Self-advocacy training; and
(XXII) Estate and transition planning.
(B) The local support network may use funds allocated for the family support program, including vouchers, cash subsidies, and grants, to meet the special needs of each eligible family.
(C) Funds distributed under this chapter on behalf of the family may be used only to provide those goods and services necessary to meet the family's unmet needs as determined in the assessment and the individual service plan.
(D) Families receiving cash subsidies under the family support program shall have the authority to decide how the services will be used, subject to the following conditions:
(I) The family shall annually prepare a report in the way that the family is best able stating how the cash subsidy was used to meet the special needs of the family.
(II) The family shall promptly report to the local support network any event or condition affecting eligibility for services, including but not limited to:
(aa) Death of the family member with developmental disabilities;
(bb) Death of the responsible adult in the eligible family to whom the cash subsidy or services were being provided;
(cc) Placement outside the home of the member with developmental disabilities;
(dd) Change of state of residence of the eligible family; and
(ee) Any other change in need for services or eligibility for any assistance programs from other agencies.
(E) Family support cash subsidy payments shall not be alienable by assignment, sale, garnishment, execution, or otherwise and in the event of family bankruptcy shall not pass to or through a trustee or any other person acting on behalf of the creditors;
(k) Provide services to promote and enhance effective transition from educational or treatment programs to employment for persons with developmental disabilities, as defined in RCW 71A.10.020. The local support network shall also enhance the use of alternative resources such as social security work incentives and natural supports and promote competitive, integrated employment opportunities in both the public and private sector.
(2) The local support network may:
(a) Receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the local support network six‑year operating and capital plan, timeline, and budget required by subsection (1) of this section.
(b) Request that any state‑owned land, building, facility, or other capital asset that was ever purchased, deeded, given, or placed in trust for the care of the developmentally disabled and that is within the boundaries of a local support network be made available to support the operations of the local support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(c) Develop a package of incentives, offered by application to interested local school districts, that enhance the transition of students with developmental disabilities from school to work. The incentives may include, but are not limited to, technical assistance and training for teachers or staff, curriculum development, and other measures necessary to promote flexible teaching and educational practices that support the transition to integrated, competitive, and continuing employment; and collaborate with businesses, government agencies, local schools, postsecondary educational institutions, or other relevant local authorities to develop and encourage collaborative community linkages and partnerships that create placement opportunities, provide mentors and prepare individuals with developmental disabilities for the transition from school or treatment programs to work.
NEW SECTION. Sec. 16. A new section is added to chapter 71A.14 RCW to read as follows:
The local support networks shall make satisfactory showing to the secretary that state funds shall in no case be used to replace local funds from any source being used to finance developmental disabilities services prior to January 1, 1993.
NEW SECTION. Sec. 17. A new section is added to chapter 71A.14 RCW to read as follows:
In order to establish eligibility for funding under this chapter, any local support network or networks seeking to obtain federal funds for the support of any aspect of a community developmental disabilities program as defined in this chapter shall submit program plans to the secretary for prior review and approval before such plans are submitted to any federal agency.
NEW SECTION. Sec. 18. A new section is added to chapter 71A.14 RCW to read as follows:
The local support network may accept and expend gifts and grants received from private, county, and state sources, and any federal funds received through a state agency. The local support networks shall recommend to the legislature incentives to encourage private gifts and contributions.
NEW SECTION. Sec. 19. A new section is added to chapter 71A.14 RCW to read as follows:
FAMILY SUPPORT PROGRAM. (1) To carry out the intent of chapter . . ., Laws of 1993 (this act) the family support program is established and shall have the following family-focused principles:
(a) To empower families of individuals with developmental disabilities to determine their own needs and choices and to meet those unique needs and choices with individualized flexible services designed to increase the integration, contribution, productivity, and inclusion in the community of the individual with developmental disabilities at all stages of his or her life without overly intruding.
(b) To provide a systematic process for access to and participation in the family support program and other programs that help families identify and satisfy their health, education, social service, and other needs and choices.
(2) The state policy principles declared in RCW 74.14A.025 apply to families with members with developmental disabilities seeking services from state and local, private, and public agencies.
(3) The family support program shall have the following system-wide principles and goals:
(a) To provide services in settings that are close to the patterns and norms of society and sensitive to regional, cultural, and ethnic characteristics of families and communities.
(b) To promote the return of individuals with developmental disabilities where appropriate from out-of-home placement.
(c) To promote the appropriate placement, with family support, in independent and interdependent residential living settings by providing home and community-based services to families in the least restrictive appropriate setting.
(d) To provide services for families as close to their home communities as possible and to promote integration of individuals with developmental disabilities and their families into their communities.
(e) To be sensitive to the differing capacities of local communities and to complement existing public and private community resources, including natural and informal supports provided by family and friends.
(f) To give priority to planning, developing, implementing, and evaluating family support programs that prevent, ameliorate, or reduce the impact of developmental disabilities on families.
(4) It is intended that the family support program shall supplement, rather than supplant, any existing rights, entitlement, or services for which families and individuals with developmental disabilities may be eligible under any other state or federal law or regulation.
NEW SECTION. Sec. 20. A new section is added to chapter 71A.14 RCW to read as follows:
(1) The family support program shall be used by the local support networks to assist in developing community-based services by:
(a) Establishing a program of grants to regional and local agencies and providers, both public and private, and to consumer groups to establish or develop family support services;
(b) Contracting directly with providers, both public and private, including consumer groups, to establish services in regions of the state where services are not readily available;
(c) Promoting research and training staff in the principles and practices of family support; and
(d) Using available state, regional, and local parent-to-parent programs to support outreach to families so that families may become aware of available family support services.
(2) The family support program may provide technical assistance to public and private agencies and consumer groups that are developing or offering family support services to provide appropriate, flexible, and cost-effective home and community-based services for families in order to prevent and ameliorate the impact of developmental disabilities on families.
Sec. 21. RCW 71A.14.020 and 1988 c 176 s 302 are each amended to read as follows:
(1) The county governing authority of any county may appoint a developmental disability board to plan services for persons with developmental disabilities, to provide directly or indirectly a continuum of care and services to persons with developmental disabilities within the county or counties served by the community board. The governing authorities of more than one county by joint action may appoint a single developmental disability board. Nothing in this section shall prohibit a county or counties from combining the developmental disability board with another county board, such as a mental health board.
(2) Members appointed to the board shall include but not be limited to representatives of public, private, or voluntary agencies, representatives of local governmental units, and citizens knowledgeable about developmental disabilities or interested in services to persons with developmental disabilities in the community.
(3) The board shall consist of not less than nine nor more than fifteen members.
(4) Members shall be appointed for terms of three years and until their successors are appointed and qualified.
(5) The members of the developmental disability board shall not be compensated for the performance of their duties as members of the board, but may be paid subsistence rates and mileage in the amounts prescribed by RCW 42.24.090. If a county or group of counties participates in a local support network, this section does not apply.
This section shall expire on July 1, 1997.
Sec. 22. RCW 71A.14.030 and 1988 c 176 s 303 are each amended to read as follows:
Pursuant to RCW 71A.14.040 the secretary shall
work with the county governing authorities and developmental disability boards
who apply for state funds to coordinate and provide local services for persons
with developmental disabilities and their families. The secretary is
authorized to ((promulgate)) adopt rules establishing the
eligibility of each county and the developmental disability board for state
funds to be used for the work of the board in coordinating and providing
services to persons with developmental disabilities and their families. An
application for state funds shall be made by the board with the approval of the
county governing ((authority)) authorities, or by the county
governing authority on behalf of the board. If a county or group of
counties participates in a local support network, this section does not apply.
This section shall expire on July 1, 1997.
Sec. 23. RCW 71A.14.040 and 1988 c 176 s 304 are each amended to read as follows:
The secretary shall review the applications ((from
the county governing authority)) made under RCW 71A.14.030. The secretary
may approve an application if it meets the requirements of this chapter and the
rules ((promulgated)) adopted by the secretary. The secretary
shall ((promulgate)) adopt rules to assist in determining the
amount of the grant. In ((promulgating)) adopting the rules, the
secretary shall consider the population of the area served, the needs of the
area, and the ability of the community to provide funds for the developmental
disability program provided in this title. If a county or group of counties
participates in a local support network, this section does not apply.
This section shall expire on July 1, 1997.
Sec. 24. RCW 71A.14.050 and 1988 c 176 s 305 are each amended to read as follows:
The department may require by rule that in order to be eligible for state funds, the county and the developmental disability board shall provide the following indirect services to the community:
(1) Serve as an informational and referral agency within the community for persons with developmental disabilities and their families;
(2) Coordinate all local services for persons with developmental disabilities and their families to insure the maximum utilization of all available services;
(3) Prepare comprehensive plans for present and future development of services and for reasonable progress toward the coordination of all local services to persons with developmental disabilities. If a county or group of counties participates in a local support network, this section does not apply.
This section shall expire on July 1, 1997.
Sec. 25. RCW 71A.14.060 and 1988 c 176 s 306 are each amended to read as follows:
The secretary by rule may authorize the county and the developmental disability board to provide any service for persons with developmental disabilities that the department is authorized to provide, except for operating residential habilitation centers under chapter 71A.20 RCW. If a county or group of counties participates in a local support network, this section does not apply.
This section shall expire on July 1, 1997.
Sec. 26. RCW 71A.14.070 and 1988 c 176 s 307 are each amended to read as follows:
In order for the developmental disability board
or local support network to plan, coordinate, and provide required
services for persons with developmental disabilities, the county governing
authority and the board or local support network shall be eligible to
obtain such confidential information from public or private schools and the
department as is necessary to accomplish the purposes of this chapter. Such
information shall be kept in accordance with state law and rules ((promulgated))
adopted by the secretary under chapter 34.05 RCW to permit the use of
the information to coordinate and plan services. All persons permitted to have
access to or to use such information shall sign an oath of confidentiality,
substantially as follows:
"As a condition of obtaining information from (fill in facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of using such confidential information, where release of such information may possibly make the person who received such services identifiable. I recognize that unauthorized release of confidential information may subject me to civil liability under state law."
Sec. 27. RCW 71A.14.080 and 1988 c 176 s 308 are each amended to read as follows:
The county governing authority and the
developmental disability board or local support network created under ((RCW
71A.14.020)) chapter . . ., Laws of 1993 (this act) are
authorized to receive and spend funds received from the state under this
chapter, or any federal funds received through any state agency, or any gifts
or donations received ((by it)) for the benefit of persons with
developmental disabilities.
Sec. 28. RCW 71A.14.090 and 1988 c 176 s 309 are each amended to read as follows:
((RCW 71A.12.120 authorizes)) Local
governments and local support networks are authorized to participate in
federal programs for persons with developmental disabilities.
Sec. 29. RCW 71A.14.110 and 1988 c 176 s 311 are each amended to read as follows:
Any county or city within a county either of which is situated on the state boundaries or any local support network that is situated on the state boundaries is authorized to contract for developmental disability services with a county situated in either the states of Oregon or Idaho, which county is located on boundaries with the state of Washington.
Sec. 30. RCW 71A.16.020 and 1988 c 176 s 402 are each amended to read as follows:
(1) A person is eligible for services under
this title if the ((secretary)) local support network finds that
the person has a developmental disability as defined in RCW 71A.10.020(2).
(2) The secretary may adopt rules further defining and implementing the criteria in the definition of "developmental disability" under RCW 71A.10.020(2).
Sec. 31. RCW 71A.16.040 and 1989 c 175 s 141 are each amended to read as follows:
(1) On receipt of an application for services
submitted under RCW 71A.16.030, the ((secretary)) local support
network in a timely manner shall make a written determination as to whether
the applicant is eligible for services provided under this title for persons
with developmental disabilities.
(2) The ((secretary)) local support
network shall give notice of the ((secretary's)) local support
network's determination on eligibility to the person who submitted the
application and to the applicant, if the applicant is a person other than the
person who submitted the application for services. The notice shall also
include a statement advising the recipient of the right to an adjudicative
proceeding under RCW 71A.10.050 and the right to judicial review of the ((secretary's))
local support network's final decision.
(3) Having determined eligibility, the local support network shall establish the level of financial responsibility, if any, according to chapter . . ., Laws of 1993 (this act) and notify the applicant and the applicant's family, if the applicant is under the age of eighteen, of this determination.
(4) The secretary may establish rules for redetermination of eligibility for services under this title.
Sec. 32. RCW 71A.16.050 and 1988 c 176 s 405 are each amended to read as follows:
The determination made under this chapter is
only as to whether a person is eligible for services. After the ((secretary))
local support network has determined under this chapter that a person is
eligible for services, the ((secretary)) local support network
shall make ((a determination as to what services are appropriate for the
person)) an assessment of the person's support needs in consultation
with the family, if appropriate.
NEW SECTION. Sec. 33. A new section is added to chapter 71A.16 RCW to read as follows:
(1) For eligible persons under the age of eighteen:
(a) Early childhood development services shall be provided free of charge without regard to family income;
(b) Family support services shall be provided free of charge for families whose gross income is less than one hundred eighty-five percent of the federal poverty level adjusted for family size; and
(c) Family support services shall be provided on a sliding fee scale to be established by the secretary in rule for families whose gross income is above one hundred eighty-five percent of the federal poverty level, adjusted for family size. A family's total payments shall be reduced by the out-of-pocket medical expenses for the eligible individual.
(2) For eligible persons age eighteen and over:
(a) Developmental disability services shall be provided free of charge if the gross income of the eligible person, his or her spouse, and children is less than one hundred eighty-five percent of the federal poverty level adjusted for family size;
(b) Developmental disability services shall be provided on a sliding fee scale to be established by the secretary in rule for individuals whose gross family income is above one hundred eighty-five percent of the federal poverty level. A family's total payments shall be reduced by the out-of-pocket medical expenses for the eligible individual; and
(c) There shall be no financial responsibility on the part of parents or any relatives other than a spouse or minor children of the individual with developmental disabilities.
Sec. 34. RCW 71A.18.010 and 1988 c 176 s 501 are each amended to read as follows:
(1) The ((secretary)) local
support network may produce and maintain in collaboration with the
individual and his or her family, if applicable, an individual service plan
for each eligible person which shall include family support services, unless
it is inappropriate to do so and which may vary with support capabilities. In
no case may the local support network restrict access to early childhood
development services it determines are needed. In order to operate within
appropriated funding levels, the local support network may restrict access to
certain other specialized or intensive services in order to maximize basic
support services to a larger number of individuals with developmental
disabilities. An individual service plan is a plan that identifies the
needs of a person and his or her family for services and determines what
services will be in the best interests of the person ((and)),
will meet the person's needs, and support the person in the least
restrictive setting.
(2)(a) For eligible individuals whose individual service plan as provided for under this section calls for family support as a needed service, the local support network may assist the family to develop a family support services plan. In developing the plan the local support network shall conduct an assessment in the following manner:
(i) Ensure that the family participates in the assessment to the greatest extent possible;
(ii) With the permission of the family, involve other persons who are knowledgeable about the needs of the member with developmental disabilities and who can identify and assist the family in assessing the social, psychological, and medical needs of all family members;
(iii) Identify services and goods that the family is currently receiving, other services and goods available to the family through public and private agencies, friends, and relatives and services and goods that the family is not currently receiving and that the family needs to maintain the family member with developmental disabilities at home;
(iv) Identify the services and goods needed by the family that are available from sources other than public or private sources, including friends and family;
(v) Identify the services and goods needed by the family that are available for funding through the program;
(vi) Where possible the assessment shall take place in the home of a family member unless the family chooses another setting; and
(vii) During the assessment process the member with developmental disabilities shall be included to the greatest extent possible by the person or persons conducting the assessment.
(b) The plan shall include, but not be limited to:
(i) Documentation of the individual and family's need for service and identification of the individual or family's strengths and resources that the plan may supplement or support to meet the family's needs;
(ii) Notice of the specific programs, subsidies, or services for which the individual or family is eligible;
(iii) A clear explanation of the way in which the programs, subsidies, or services will be provided to the individual or family;
(iv) A statement of the specific goals of the services and the methods to be used in achieving the goals and the measures for success;
(v) A projected timetable for obtaining goals.
(c) Each service plan shall include all of the following:
(i) A list of services and goods that will be funded through the family support program, the estimated costs of each and an estimate of the length of time each will need to be funded through the program; and
(ii) For families receiving vouchers, a written participation agreement, which shall be signed by a parent and the local support network, governing expenditure of program funds by or on behalf of the family.
(d) An annual review shall be made by the local support network of each family participating in the family support program. The review shall include a review of the needs of the family for family support services, including an assessment prepared by the family and the local support network as to whether there is cooperation and active participation by the family in the planning and whether the needs and the goals of the individual service plan are being met.
The family may at any time request a review of their needs and the services to meet those needs.
Sec. 35. RCW 71A.18.020 and 1988 c 176 s 601 are each amended to read as follows:
((The secretary may)) Local support
networks shall provide ((a service to a person eligible under this title
if funds are available. If there is an individual service plan, the secretary
shall consider the need for services as provided in that plan)) early
childhood development services as required in chapter . . ., Laws of
1993 (this act) to all eligible children under age three as determined in the
individual service plan required under RCW 71A.18.010. Within available funds
local support networks shall provide family support services as identified in individual
service plans. The local support network may provide limits on family support
services in order to assure an equitable distribution of funds.
Sec. 36. RCW 71A.18.040 and 1989 c 175 s 142 are each amended to read as follows:
(1) A person who is receiving a service under
this title or the person's legal representative may request the ((secretary))
local support network to authorize a service that is available under
this title in place of a service that the person is presently receiving.
(2) The ((secretary)) local support
network upon receiving a request for change of service shall consult in the
same manner as that provided for the secretary in RCW 71A.10.070
and within ninety days shall determine whether the following criteria are met:
(a) The alternative plan proposes a less dependent program than the person is participating in under current service;
(b) The alternative service is appropriate under the goals and objectives of the person's individual service plan;
(c) The alternative service is not in violation of applicable state and federal law; and
(d) The service can reasonably be made available.
(3) If the requested alternative service meets
all of the criteria of subsection (2) of this section, the service shall be
authorized as soon as reasonable, but not later than one hundred twenty days
after completion of the determination process, unless the ((secretary)) local
support network determines that:
(a) The alternative plan is more costly than the current plan;
(b) Current appropriations are not sufficient to implement the alternative service without reducing services to existing clients; or
(c) Providing alternative service would take precedence over other priorities for delivery of service.
(4) The ((secretary)) local support
network shall give notice ((as provided)) in the same manner as
that provided to the secretary in RCW 71A.10.060 of the grant of a request
for a change of service. The ((secretary)) local support network
shall give notice ((as provided)) in the same manner as that provided
to the secretary in RCW 71A.10.060 of denial of a request for change of
service and of the right to an adjudicative proceeding.
(5) When the secretary has changed service from
a residential habilitation center to a setting other than a residential
habilitation center, the secretary shall reauthorize service at the residential
habilitation center if the ((secretary)) local support network in
reevaluating the needs of the person finds that the person needs service in a
residential habilitation center.
(6) If the ((secretary)) local
support network determines that current appropriations are sufficient to
deliver additional services without reducing services to persons who are
presently receiving services, the ((secretary)) local support network
is authorized to give persons notice in the same manner as that provided
under RCW 71A.10.060 that they may request the services as new services or as
changes of services under this section.
Sec. 37. RCW 71A.18.050 and 1988 c 176 s 604 are each amended to read as follows:
(1) When considering the discontinuance of a
service that is being provided to a person, the ((secretary)) local
support network shall consult ((as)) in the same manner as that
required in RCW 71A.10.070.
(2) The discontinuance of a service under this section does not affect the person's eligibility for services. Other services may be provided or the same service may be restored when it is again available or when it is again needed.
(3) Except when the service is discontinued at
the request of the person receiving the service or that person's legal
representative, the ((secretary)) local support network shall
give notice ((as)) in the same manner as that required in RCW
71A.10.060.
NEW SECTION. Sec. 38. A new section is added to chapter 71A.20 RCW to read as follows:
(1) The legislature declares its intent that individuals with developmental disabilities in the state of Washington not be committed to mental hospitals when their primary diagnosis is developmental disabilities and not mental illness or some other mental disorder.
(2) The secretary shall establish two secure, specialized, separate programs in existing buildings on the grounds of residential habilitation centers.
(a) One shall be located in eastern Washington and shall have a capacity for twenty individuals with developmental disabilities who have been or are about to be committed under chapter 71.05 RCW.
(b) One shall be located in western Washington and shall have a capacity for forty individuals with developmental disabilities who have been or are about to be committed under chapter 71.05 RCW.
(3) The secretary shall place individuals with developmental disabilities who have been committed or are about to be committed under chapter 71.05 RCW at the facilities established in subsection (1) of this section if their primary diagnosed problem is developmental disabilities.
(4) The secretary shall not place individuals with developmental disabilities at the facilities established in subsection (1) of this section if their primary diagnosis is mental illness or some other mental disorder and developmental disabilities is only an ancillary condition.
NEW SECTION. Sec. 39. A new section is added to chapter 71A.20 RCW to read as follows:
(1) It is the intent of the legislature that the residential habilitation centers shall develop into specialized resources to assure public safety, provide assessments and treatment plans for specialized disabling conditions, or provide specialized support, including specialized respite care, that cannot be provided cost-effectively through family support or other community-based services.
(2) The secretary and the local support networks shall develop a plan by July 1, 1994, that will establish the July 1, 2001, size of each residential habilitation center. The plan shall include:
(a) Specific criteria for admission to and continued residence in the residential habilitation centers consistent with the purposes stated in this section;
(b) An estimate of the number of people meeting the public safety or specialized care criteria who are expected to require admission to or continued residence in state-operated care;
(c) A review of the service needs of each resident of the developmental disabilities state institutions and identify the level of services appropriate to maintain the person in the most normal and least restrictive setting that is consistent with the person's needs.
(d) A plan for assuring safe and high quality community care for current residential habilitation center residents who do not meet residential habilitation center placement criteria;
(e) Proposed uses for excess institutional grounds and buildings by other governmental or private entities in ways that the proceeds will benefit the developmentally disabled; and
(f) Strategies to retrain and/or provide new jobs in developmental disability community care or in other public service for any staff not needed in residential habilitation centers.
NEW SECTION. Sec. 40. A new section is added to chapter 28A.155 RCW to read as follows:
(1) The individual education plan for a student with development disabilities as defined under RCW 71A.10.020 shall include transition services beginning not later than when the student reaches age sixteen. The portion of the individual education plan regarding transition services shall be reviewed annually. The plan for transition services shall be developed in conjunction with a local support network. To the extent consistent with an appropriate education for the student, preference shall be given to providing transitional services in a community setting, to the preferences of parents and guardians, and to the student's occupational preferences and interests.
(2) If available and if consistent with an appropriate education for the student and with subsection (1) of this section, a school district, a group of school districts, or special education cooperatives shall contract for the provision of transition services through a local support network for persons with developmental disabilities.
(3) As used in this section, transition services means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to postschool activities, including postsecondary education, vocational education and training, integrated employment including supported employment, continuing and adult education, adult services, independent living, or community participation.
(4) The superintendent of public instruction shall adopt rules as needed to implement this section. These rules are in addition to the rules adopted by the superintendent of public instruction to provide for transition services for students who are not developmentally disabled but have other handicapping conditions.
NEW SECTION. Sec. 41. A new section is added to chapter 43.63A RCW to read as follows:
The developmental disabilities planning council shall evaluate the family support program under Title 71A RCW and annually submit to the governor, the legislature, and the department an evaluation report that includes but is not limited to the following:
(1) Information on the impact of the family support program on families, including sample case studies on families who chose to participate in the program, families who chose not to participate, and families who participated but whose eligibility terminated;
(2) Information on the types of services used by families;
(3) Information on family satisfaction with the family support program, including sample case studies of the adequacy of the services, and the need for services not available;
(4) With confidentiality protected, sample decisions on appeals from the denial or termination of eligibility for the family support program, together with statistics on the actual number of appeals, the outcome of those appeals, and changes in the family support program made as a result of the appeals;
(5) Information on efforts to reach families who may be eligible for the family support program;
(6) Information on efforts to return family members with developmental disabilities from state or private institutions or foster care that can be attributed to the alternative services offered by the family support program;
(7) Information on programs that can be attributed to the family support program to ameliorate the impact of developmental disabilities on families; and
(8) Information on family satisfaction with the family support program and their willingness to continue providing total or partial care to their family member with developmental disabilities.
NEW SECTION. Sec. 42. The following acts or parts of acts are each repealed:
(1) RCW 71A.10.010 and 1988 c 176 s 1;
(2) RCW 71A.10.800 and 1988 c 176 s 1008;
(3) RCW 71A.10.901 and 1988 c 176 s 1004;
(4) RCW 71A.10.902 and 1988 c 176 s 1001;
(5) RCW 71A.12.040 and 1988 c 176 s 204;
(6) RCW 71A.12.050 and 1988 c 176 s 205; and
(7) RCW 71A.14.010 and 1988 c 176 s 301.
NEW SECTION. Sec. 43. The code reviser shall rename the chapter heading of chapter 71A.12 RCW to read "State Responsibilities."
NEW SECTION. Sec. 44. The legislature finds that the cost of operating and delivering services in residential habilitation centers has been increasing rapidly. It is the intent of the legislature in implementing sections 45 and 46 of this act to decrease the cost of these services, but still maintain an environment to protect those individuals with developmental disabilities who are profoundly disabled or medically fragile.
Sec. 45. RCW 71A.20.020 and 1988 c 176 s 702 are each amended to read as follows:
By December 31, 1993, the following
residential habilitation centers ((are permanently established to provide
services to persons with developmental disabilities)) shall be certified
as either skilled nursing facilities or intermediate care facilities for the
mentally retarded, or a combination of both, under federal medicaid
requirements: Interlake School, located at Medical Lake, Spokane county;
Lakeland Village, located at Medical Lake, Spokane county; Rainier School,
located at Buckley, Pierce county; Yakima Valley School, located at Selah,
Yakima county; Fircrest School, located at Seattle, King county; and Frances
Haddon Morgan Children's Center, located at Bremerton, Kitsap county.
NEW SECTION. Sec. 46. A new section is added to chapter 74.09 RCW to read as follows:
The facilities under RCW 71A.20.020 shall be certified, managed, and administered by the department of social and health services for the benefit of the residents. In determining the type of certification appropriate for each facility or portion thereof, the secretary of social and health services shall consider:
(1) The individual care needs of the residents; and
(2) The cost-effectiveness of certification based on an economy of scale.
NEW SECTION. Sec. 47. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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