2SHB 1651

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

February 17, 2020

Title: An act relating to the rights of clients of the developmental disabilities administration of the department of social and health services.

Brief Description: Identifying rights of persons receiving state developmental disability services.

Sponsors: House Committee on Human Services & Early Learning (originally sponsored by Representatives Kilduff, Dent, Lovick, Eslick, Senn, Leavitt, Macri, Callan, Cody, Tarleton, Ortiz-Self, Goodman, Jinkins, Frame, Bergquist and Santos).

Brief History:

Committee Activity:

Human Services & Early Learning: 2/8/19, 2/15/19 [DPS], 1/22/20, 1/28/20 [DP2S].

Floor Activity:

Passed House: 2/17/20, 98-0.

Brief Summary of Second Substitute Bill

  • Establishes certain rights for clients of the Department of Social and Health Services Developmental Disability Administration.

  • Specifies the right to personal power and choice, participation in service planning, access to service and healthcare information, file complaints and grievances, privacy, confidentiality, access to advocates, and certain rights upon termination of services.


Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by 13 members: Representatives Senn, Chair; Callan, Vice Chair; Frame, Vice Chair; Dent, Ranking Minority Member; Eslick, Assistant Ranking Minority Member; McCaslin, Assistant Ranking Minority Member; Corry, Goodman, Griffey, Kilduff, Klippert, Lovick and Ortiz-Self.

Staff: Luke Wickham (786-7146).


Developmental Disabilities Administration.

The Department of Social and Health Services (DSHS) Developmental Disability Administration (DDA) assists individuals with developmental disabilities and their families to obtain services and support based on individual preferences, capabilities, and needs. The DDA clients live in residential habilitation centers, an institutional setting, as well as in the community.

Eligibility for DDA services depends on whether the client has a qualified developmental disability, has a functional need, and meets certain income and asset standards.

The services provided to clients are designed to promote everyday activities, routines, and relationships common to most citizens, and they include employment services and community access services, which are contracted with counties.

Summary of Second Substitute Bill:

Certain rights are established and apply to all clients of the DDA. The DDA must provide clients and legal representatives with written notice of these rights and document when such information is provided. This notice must be provided upon determining an individual is eligible and upon an individual's assessment.

Personal Rights.

Clients of the DDA have the right to personal power and choice which includes a client's right to:

Clients of the DDA have the right to privacy and confidentiality. This includes the right to:

Clients of the DDA have the right to access advocates, receive information from agencies acting as client advocates, and contact these agencies.

Service Related Rights.

Clients of the DDA have the right to participate in service planning. This includes the right to:

Clients of the DDA have the right to access information about services and health care. This includes the right to:

Clients of the DDA have the right to file complaints and grievances, and to request appeals. This includes the right to:

Rights Upon Termination of Services.

Clients of the DDA receiving certified community residential services must:

The DSHS must adopt rules as necessary to provide oversight and enforcement of provider practices relating to these rights for providers licensed or certified by the department.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) The DDA serves over 47,000 clients. This bill elevates rights already established in administrative code to statute. This bill helps make sure that clients receive these rights and makes it easier for clients of the DDA to understand his or her rights. It is difficult for clients to receive information about his or her rights. This bill would simplify and clarify this information and make the process easier for individuals attempting to access and understand their rights. This is a bill that has been worked on for some time and is a very important bill for clients to be able to access rights in one location. Current law sets out rights for people with developmental disabilities; however, many families do not know where to find these rights. Clients may have different rights depending on where they live. This bill centralizes the rights available to individuals with developmental disabilities. The Developmental Disability Ombuds is dedicated to educating clients of the DDA about their rights. It is important to be able to have client rights available in one location to hold providers and the DDA accountable. This bill allows client rights to be understood by clients, providers, family members, and community members.

(Opposed) None.

Persons Testifying: Representative Kilduff, prime sponsor; Eric Matthes, The Arc of King County; Emily Rogers, Washington State Developmental Disabilities Council; Noah Seidel, Office of Developmental Disabilities Ombuds; Ivanova Smith, Anthony Nash, and Robert Wardell, Self Advocates in Leadership; Krista Milhofer, People First of Washington; Anthony Hall; and David Lord, Disability Rights Washington.

Persons Signed In To Testify But Not Testifying: None.