FINAL BILL REPORT

SHB 2363

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.

C 180 L 14

Synopsis as Enacted

Brief Description: Concerning home and community-based services programs for dependents of military service members.

Sponsors: House Committee on Community Development, Housing & Tribal Affairs (originally sponsored by Representatives Muri, Seaquist, Zeiger, Morrell, Freeman, Christian, Kochmar, Dahlquist and Appleton).

House Committee on Community Development, Housing & Tribal Affairs

Senate Committee on Health Care

Background:

Home and Community-Based Services.

The Department of Social and Health Services (DSHS), through the Developmental Disabilities Administration (DDA), offers services for children with developmental disabilities and their families. The DDA administers federal Medicaid funding for institutional services provided for developmentally disabled persons.

Clients may opt out of institutional services in favor of home and community-based services (HCBS) through certain Medicaid waiver programs administered by the DDA. These HCBS waiver programs are provided to allow a client to receive in-home services and avoid out-of-home placement in an institutional facility.

The Children's Intensive In-Home Behavioral Support Waiver program allows a child aged 8 to 20 years old, with a high or severe risk of out-of-home placement, to remain in his or her family home. Services provided through this program include:

Other HCBS waivers administered by the DDA include Basic Cost Plus, Core, and Community Protection programs, which provide personal care and other home-based services.

The DDA determines a person's eligibility for Medicaid benefits, including HCBS, and maintains a database of eligible persons who are assessed for the level of service provided. Services are approved for eligible persons based on the level of service and need, as determined by the DDA.

Military Health Services.

Active military members and their families and National Guard and Reserve members and their families are eligible for health care services managed by the federal Department of Defense. Military families with special needs are eligible for certain extended medical services while the member is in the military.

Summary:

Children and spouses (dependents) of military service members who have been determined by the DDA to be eligible for developmental disability services retain eligibility so long as they remain legal residents of the state, regardless of whether they left the state due to the military member's assignment. If eligibility requirements change, the dependent remains eligible until a reeligibility determination is made.

The DDA must provide services for an eligible dependent after an assessment and approval of services has been made, if the dependent provides the military member's discharge papers and proof of the member's residence in the state.

A dependent who has previously received services from the DDA may request services upon returning to the state from the military member's out-of-state assignment. The DDA must determine eligibility for the dependent upon return and allow for an appeal for any denial of services.

The Secretary of the DSHS must request a waiver from the appropriate federal agency, if necessary, to provide Medicaid services for this group of dependents.

Votes on Final Passage:

House

96

0

Senate

49

0

(Senate amended)

House

95

0

(House concurred)

Effective:

June 12, 2014