H-2618.1

SECOND SUBSTITUTE HOUSE BILL 2008

ByHouse Appropriations (originally sponsored by Representatives Taylor, Fitzgibbon, Peterson, Ramel, Santos, Sells, Shewmake, Valdez, Ryu, Macri, Berg, Bateman, Ormsby, Frame, Davis, Lekanoff, and Pollet)

AN ACT Relating to eliminating the use of intelligence quotient scores in determining eligibility for programs and services for individuals with developmental disabilities; amending RCW 71A.16.020; reenacting and amending RCW 71A.10.020; adding a new section to chapter 71A.10 RCW; and creating a new section.

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

NEW SECTION.  Sec. 2. A new section is added to chapter 71A.10 RCW to read as follows:

(1) Beginning July 1, 2025, the department may not use intelligence quotient scores in determining eligibility or substantial limitation for developmental disability-related services for any programs or services for individuals with developmental disabilities except as provided in subsection (2) of this section. The department shall maintain eligibility for any persons previously determined eligible for services in whole or in part because of an intelligence quotient score and may not require such persons to meet any new eligibility requirements established in response to the discontinuation of the use of intelligence quotient scores. The department may continue to use a diagnosis from qualifying diagnosticians and adaptive functioning assessments to determine eligibility and substantial limitation.

(2) An intelligence quotient score may be used to establish a presumption of eligibility for developmental disability programs and services.

(3) Beginning July 1, 2025, when the department has capacity and funding to enroll additional individuals in its Medicaid waivers, it must prioritize individuals who have been determined eligible for paid services but were not receiving them as of June 30, 2025.

Sec. 3. RCW 71A.10.020 and 2014 c 139 s 2 are each reenacted and amended to read as follows:

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Assessment" means an evaluation is provided by the department to determine:

(a) If the individual meets functional and financial criteria for medicaid services; and

(b) The individual's support needs for service determination.

(2) "Community residential support services," or "community support services," and "in-home services" means one or more of the services listed in RCW 71A.12.040.

(3) "Crisis stabilization services" means services provided to persons with developmental disabilities who are experiencing behaviors that jeopardize the safety and stability of their current living situation. Crisis stabilization services include:

(a) Temporary intensive services and supports, typically not to exceed sixty days, to prevent psychiatric hospitalization, institutional placement, or other out-of-home placement; and

(b) Services designed to stabilize the person and strengthen their current living situation so the person may continue to safely reside in the community during and beyond the crisis period.

(4) "Department" means the department of social and health services.

(5) "Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. By ((January 1, 1989))June 30, 2025, the department shall promulgate rules which define neurological or other conditions in a way that ((is not limited to))does not include intelligence quotient scores as ((the sole))a determinant of these conditions, and notify the legislature of this action.

(6) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

(7) "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 education, training for employment, and therapy.

(8) "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.

(9) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

(10) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

(11) "Respite services" means relief for families and other caregivers of people with disabilities, typically not to exceed ninety days, to include both in-home and out-of-home respite care on an hourly and daily basis, including twenty-four hour care for several consecutive days. Respite care workers provide supervision, companionship, and personal care services temporarily replacing those provided by the primary caregiver of the person with disabilities. Respite care may include other services needed by the client, including medical care which must be provided by a licensed health care practitioner.

(12) "Secretary" means the secretary of social and health services or the secretary's designee.

(13) "Service" or "services" means services provided by state or local government to carry out this title.

(14) "Service request list" means a list of eligible persons who have received an assessment for service determination and their assessment shows that they meet the eligibility requirements for the requested service but were denied access due to funding limits.

(15) "State-operated living alternative" means programs for community residential services which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports to individuals who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. State-operated living alternatives are operated and staffed with state employees.

(16) "Supported living" means community residential services and housing which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports provided to individuals with disabilities who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. Supported living services are provided under contracts with private agencies or with individuals who are not state employees.

(17) "Vacancy" means an opening at a residential habilitation center, which when filled, would not require the center to exceed its biennially budgeted capacity.

Sec. 4. 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 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))). Beginning July 1, 2025, neither the eligibility criteria nor the evidence to show substantial limitation may require the use of intelligence quotient scores as a determinant of developmental disability. An intelligence quotient score may be used to establish a presumption of eligibility for developmental disability programs and services. The department shall maintain eligibility for any persons previously determined eligible for services in whole or in part because of an intelligence quotient score and may not require such persons to meet any eligibility requirements established in response to the discontinuation of the use of intelligence quotient scores.

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