Z-1038               _______________________________________________

                                                   SENATE BILL NO. 4574

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Wojahn, Kiskaddon, DeJarnatt, Kreidler, Conner, Vognild, Johnson and Garrett; by request of Department of Social and Health Services

Read first time 1/16/86 and referred to Committee on Human Services & Corrections.

AN ACT Relating to chore services; amending RCW 74.08.541; and declaring an emergency.

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

        Sec. 1.  Section 17, chapter 6, Laws of 1981 1st ex. sess. as amended by section 39, chapter 41, Laws of 1983 1st ex. sess. and RCW 74.08.541 are each amended to read as follows:

          "Chore services," as used in this chapter, means ((services in performing light work and)) assistance with essential activities of daily living, including household and ((other)) personal care tasks, which eligible persons are unable to do for themselves because of frailty or handicapping conditions.

          Persons eligible for chore services are adult individuals having resources less than a level determined by the department, and whose ((level of)) need for chore services and risk of being placed in a residential care facility have been determined by the department.  Adult recipients of supplemental security income((,)) or state supplementation, ((or)) persons who are eligible for limited casualty program medical care as defined by RCW 74.09.010((,)) at the time their eligibility for chore services is determined or redetermined, and persons who have an income at or below thirty percent of the state median income are eligible for the level or amount of services ((at no cost.  Other individuals are eligible for needed chore services at a reduced level based on their ability to purchase the services.)) determined by the department in accordance with RCW 74.08.545.  For other persons, the department shall develop a scale ((of reduced services in comparison to determined need so that recipient participation does not reduce income below thirty percent of the state median income.  Subject to the availability of funds, the department shall develop a sliding scale of participation considering a portion of income between thirty percent and fifty percent of the state median income and all income above fifty percent of the state median income.  Any scale of reduced service developed by the department shall maintain services as in effect on August 23, 1983, to those persons below thirty percent of the state median income.  However, the department is authorized to continue, without reduction, benefits provided to persons receiving chore services on August 23, 1983)) which progressively reduces the level or amount of chore services provided by the department based on the ability of applicants and recipients to purchase the services.  To determine the ability of applicants and recipients to purchase chore services, the department shall not consider income below thirty percent of the state median income.  Effort shall be made to obtain chore services from volunteer chore service providers under the senior citizens services act, chapter 74.38 RCW, for those individuals at risk of being placed in a residential care facility and who are age sixty or over but eligible for five hours of chore services per month or less, rather than have those services provided by paid providers.  Any individual at risk of being placed in a residential care facility and who is age sixty or over but not eligible for chore services or eligible for a reduced ((level)) amount of service shall be referred to ((the)) a volunteer chore service program under the senior citizens services act, chapter 74.38 RCW, where ((such program exists)) available for needed ((hours or)) services not ((provided)) authorized by the department.  Individuals determined by the department to be eligible for adult protective services are eligible to receive emergency chore services without regard to income if the services are essential to, and a subordinate part of, the adult protective services plan.  Emergency chore services under adult protective services shall be provided only until the ((emergent)) situation necessitating the services has stabilized, not to exceed ninety days.

          ((For clients whose chore services are authorized on an hourly basis,)) The department shall establish a monthly dollar lid on chore ((service hours, which shall be allocated to the department's community service offices.  This lid shall be established at a level set by the department.  The department shall also establish a monthly rate lid to apply to clients whose chore services are authorized on a monthly rate basis)) services expenditures as necessary to maintain such expenditures within the legislative appropriation.

To maintain expenditures for chore services within the limits of funds appropriated for this purpose, the department may reduce the level or amount of services authorized below the level of need assessed pursuant to RCW 74.08.545 for some or all recipients, but the reductions shall be done in a manner which maintains state-wide uniformity of eligibility and service authorization standards and which considers the level of need for services and the degree of risk of being placed in a residential care facility of all applicants for, and recipients of, chore services.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.