BILL REQ. #:  S-0683.1 

Read first time 01/28/13.   Referred to Committee on Health Care .

     AN ACT Relating to the no paid case load of the division of developmental disabilities; amending RCW 71A.12.161 and 43.88C.010; adding new sections 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 and to assure that funds provided for this purpose will be matched with medicaid funds.

NEW SECTION.  Sec. 3   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 hire the number of case managers necessary to conduct assessments to determine the level of needs of those who ask for services and those who may appear eligible for medicaid personal care.

Sec. 4   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 respite care for four thousand individuals on the no paid services case load.
     (b) For the fiscal year ending June 30, 2015, and within funds provided by the legislature for this purpose, the department must provide respite care for four thousand individuals on the no paid services case load.
     (c) Respite care provided under this subsection must be based on need and caregiver stress. Funding for respite care may not exceed four thousand dollars per individual per year. Funding is to be provided in a flexible manner, but persons receiving respite care must account for the use of the funds to their case manager the year following the allocation. Allocation must be determined on a year-by-year basis.
     (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.

Sec. 5   RCW 43.88C.010 and 2012 c 217 s 3 are each amended to read as follows:
     (1) The caseload forecast council is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from among the four caucus appointees. The council may select such other officers as the members deem necessary.
     (2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As used in this chapter, "supervisor" means the caseload forecast supervisor.
     (3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
     (4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW 43.88C.020. If the council is unable to approve a forecast before a date required in RCW 43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.
     (5) A councilmember who does not cast an affirmative vote for approval of the official caseload forecast may request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.
     (6) Members of the caseload forecast council shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7) "Caseload," as used in this chapter, means:
     (a) The number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support;
     (b) The number of students who are eligible for the Washington college bound scholarship program and are expected to attend an institution of higher education as defined in RCW 28B.92.030.
     (8) The caseload forecast council shall forecast the temporary assistance for needy families and the working connections child care programs as a courtesy.
     (9) The caseload forecast council shall forecast the no paid services case load portion of the department of social and health services' division of developmental disabilities to assist the legislature in developing respite needs and budget requirements for the population of persons with developmental disabilities.
     (10) Unless the context clearly requires otherwise, the definitions provided in RCW 43.88.020 apply to this chapter.