READ FIRST TIME 03/05/07.   

     AN ACT Relating to creating the individual and family services program for people with developmental disabilities; adding a new section to chapter 71A.12 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) A developmental disability is a natural part of human life, and the presence of a developmental disability in the life of a person does not diminish the person's rights or opportunity to participate fully in the life of the local community;
     (b) Investing in family members who have children and adults living in the family home preserves a valuable natural support system for the individual with a developmental disability and is also cost-effective for the state of Washington;
     (c) Providing support services to families can help maintain the well-being of the family and stabilize the family unit.
     (2) It is the intent of the legislature:
     (a) To partner with families as care providers for children with developmental disabilities and adults who choose to live in the family home;
     (b) That individual and family services be centered on the needs of the person with a developmental disability and the family;
     (c) That, to the maximum extent possible, individuals and families must be given choice of services and exercise control over the resources available to them.

NEW SECTION.  Sec. 2   A new section is added to chapter 71A.12 RCW to read as follows:
     (1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfer funding associated with these existing family support programs to the individual and family services program and shall operate the program within available funding. The services provided under the individual and family services program shall be funded by state funding without benefit of federal match.
     (2) The department shall adopt rules to implement this section. The rules shall provide:
     (a) That eligibility to receive services in the individual and family services program be determined solely by an assessment of individual need;
     (b) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year;
     (c) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature; and
     (d) That the following services be available under the program:
     (i) Respite care;
     (ii) Therapies;
     (iii) Architectural and vehicular modifications;
     (iv) Equipment and supplies;
     (v) Specialized nutrition and clothing;
     (vi) Excess medical costs not covered by another source;
     (vii) Copays for medical and therapeutic services;
     (viii) Transportation;
     (ix) Training;
     (x) Counseling;
     (xi) Behavior management;
     (xii) Parent/sibling education;
     (xiii) Recreational opportunities; and
     (xiv) Community services grants.
     (3) In addition to services provided for the service priority levels under subsections (1) and (2) of this section, the department shall provide for:
     (a) One-time exceptional needs and emergency needs for individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis; and
     (b) Respite services based on the department's assessment for a parent who provides personal care in the home to his or her adult son or daughter with developmental disabilities.
     (4) If a person has more complex needs, a family is experiencing a more prolonged crisis, or it is determined a person needs additional services, the department shall assess the individual to determine if placement in a waiver program would be appropriate.

NEW SECTION.  Sec. 3   This act may be known and cited as the Lance Morehouse, Jr. memorial individual and family services act.

NEW SECTION.  Sec. 4   Nothing in this act shall be construed to create an entitlement to services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, the child or family is not eligible for such services, or sufficient funding has not been appropriated for this program.