SSB 6387 -
By Committee on Appropriations
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 In conjunction with recent findings from
the Washington state auditor's office, the legislature finds that there
are thousands of state citizens who have been determined eligible for
services through the department of social and health services'
developmental disability administration. For those who have asked for
help but are waiting for services, families may experience financial or
emotional hardships. The legislature intends to clarify and make
transparent the process for accessing publicly funded services for
individuals with developmental disabilities and their families. The
legislature intends to significantly reduce the number of eligible
individuals who are waiting for services by funding additional slots
and by implementing new programs that better utilize federal funding
partnerships.
Sec. 2 RCW 71A.10.020 and 2011 1st sp.s. c 30 s 3 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) "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.
(((2))) (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.
(((3))) (4) "Department" means the department of social and health
services.
(((4))) (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, 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 determinant of these conditions, and notify the legislature
of this action.
(((5))) (6) "Eligible person" means a person who has been found by
the secretary under RCW 71A.16.040 to be eligible for services.
(((6))) (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.
(((7))) (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.
(((8))) (9) "Notice" or "notification" of an action of the
secretary means notice in compliance with RCW 71A.10.060.
(((9))) (10) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed
by chapter 71A.20 RCW.
(((10))) (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.
(((11))) (12) "Secretary" means the secretary of social and health
services or the secretary's designee.
(((12))) (13) "Service" or "services" means services provided by
state or local government to carry out this title.
(((13))) (14) "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.
(((14))) (15) "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.
(((15))) (16) "Vacancy" means an opening at a residential
habilitation center, which when filled, would not require the center to
exceed its biennially budgeted capacity.
(17) "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.
Sec. 3 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 has determined
under this chapter that a person is eligible for services, the
individual may request an assessment for eligibility for the individual
and family services program, medicaid programs, or specific services
administered by the developmental disabilities administration. The
secretary shall make a determination as to what services are
appropriate for the person. The secretary shall prioritize services to
medicaid eligible clients. Services may be made available to
nonmedicaid eligible clients based on available funding. Services
available through the state medicaid plan must be provided to those
individuals who meet the eligibility criteria. The department shall
establish and maintain a service request list database for individuals
who are found to be eligible and have an assessed and unmet need for
programs and services offered under the individual and family services
program or a home and community-based services waiver, but the
provision of a specific service would exceed budgeted capacity.
NEW SECTION. Sec. 4 The department of social and health services
shall develop and implement a medicaid program to replace the
individual and family services program for medicaid-eligible clients no
later than May 1, 2015. The new medicaid program must offer services
that closely resemble the services offered in fiscal year 2014 through
the individual and family services program. To the extent possible,
the department shall expand the client caseload on the medicaid program
replacing the individual and family services program. The department
is authorized in fiscal year 2015 to use general fund--state dollars
previously provided for the individual and family services program to
cover the cost of increasing the number of clients served in the new
medicaid program.
NEW SECTION. Sec. 5 If additional federal funds through the
community first choice option are attained, then it is the intent of
the legislature that at least four thousand clients will receive
services on the medicaid program replacing the individual and family
services program by June 30, 2017, and at least one thousand additional
clients will receive services on the home and community-based services
basic plus waiver by June 30, 2017."
Correct the title.
EFFECT: Removes the requirement that DSHS refinance Medicaid
personal care services under the Community First Choice Option (CFCO).
Removes the requirement that the DSHS increase the client caseload
on the new IFS waiver by 4,000 individuals, but indicates that the DSHS
shall expand the caseload to the extent possible within available
funds. Includes a statement of intent that at least 4,000 individuals
will receive services on the new IFS waiver by June 30, 2017, subject
to the availability of additional federal funds.
Removes the requirement that the DSHS expand the clients served by
the Basic Plus waiver program by 1,000 individuals. Includes a
statement of intent that at least 1,000 individuals will receive
services on the Basic Plus waiver program by June 30, 2017, subject to
the availability of additional federal funds.