BILL REQ. #:  H-1756.2 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to the no paid case load of the division of developmental disabilities; amending RCW 71A.12.161; adding a new section to chapter 71A.12 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds as follows:
     (a) Over fifteen thousand individuals have been determined by the department of social and health services' division of developmental disabilities to be eligible for services but are currently not receiving paid services or supports;
     (b) There is not a significant difference between the division of developmental disabilities case loads of those who receive and those who do not receive services; and
     (c) Most people with developmental disabilities live with their parents, even into adulthood, and supporting and providing care by parents can be a stressful activity especially as the parents themselves age.
     (2) Therefore, the legislature intends that fairness and equity be applied in cases between those who receive no paid services from the division of developmental disabilities and those who do receive services.

NEW SECTION.  Sec. 2   A new section is added to chapter 71A.12 RCW to read as follows:
     Within funds provided by the legislature for this purpose, the department must expand the informing families building trust communication project to provide information to individuals and families on the no paid services case load about the developmental disabilities system. The information should assist families in planning as their children reach points of transitions. The department must assist the developmental disabilities council to reach clients on the no paid services case load.

Sec. 3   RCW 71A.12.161 and 2009 c 312 s 1 are each amended to read as follows:
     (1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfer funding associated with these existing family support programs to the individual and family services program and shall operate the program within available funding. The services provided under the individual and family services program shall be funded by state funding without benefit of federal match.
     (2) The department shall adopt rules to implement this section. The rules shall provide:
     (a) That eligibility to receive services in the individual and family services program be determined solely by an assessment of individual need;
     (b) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year;
     (c) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature; and
     (d) That the following services be available under the program:
     (i) Respite care;
     (ii) Therapies;
     (iii) Architectural and vehicular modifications;
     (iv) Equipment and supplies;
     (v) Specialized nutrition and clothing;
     (vi) Excess medical costs not covered by another source;
     (vii) Copays for medical and therapeutic services;
     (viii) Transportation;
     (ix) Training;
     (x) Counseling;
     (xi) Behavior management;
     (xii) Parent/sibling education;
     (xiii) Recreational opportunities; and
     (xiv) Community services grants.
     (3) In addition to services provided for the service priority levels under subsections (1) and (2) of this section, the department shall provide for:
     (a) One-time exceptional needs and emergency needs for individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis; and
     (b) Respite services based on the department's assessment for:
     (i) A parent who provides personal care in the home to his or her adult son or daughter with developmental disabilities; or
     (ii) A family member who replaces the parent as the primary caregiver, resides with, and provides personal care in the home for the adult with developmental disabilities.
     (4)(a) For the fiscal year ending June 30, 2014, and within funds provided by the legislature for this purpose, the department must provide services under the individual and family services program for one thousand persons who have requested such services and who are not receiving any paid services from the department.
     (b) For the fiscal year ending June 30, 2015, and within funds provided by the legislature for this purpose, the department must provide services under the individual and family services program for one thousand persons who have requested such services and who are not receiving any paid services from the department.
     (5) If a person has more complex needs, a family is experiencing a more prolonged crisis, or it is determined a person needs additional services, the department shall assess the individual to determine if placement in a waiver program would be appropriate.