SENATE BILL REPORT

2SHB 1651

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.

As of May 4, 2020

Title: An act relating to the rights of clients of the developmental disabilities administration of the department of social and health services.

Brief Description: Identifying rights of persons receiving state developmental disability services.

Sponsors: House Committee on Human Services & Early Learning (originally sponsored by Representatives Kilduff, Dent, Lovick, Eslick, Senn, Leavitt, Macri, Callan, Cody, Tarleton, Ortiz-Self, Goodman, Jinkins, Frame, Bergquist and Santos).

Brief History: Passed House: 2/17/20, 98-0.

Committee Activity: Health & Long Term Care: 2/28/20.

Brief Summary of Bill

  • Establishes rights for clients of the Developmental Disabilities Administration.

  • Requires the Developmental Disabilities Administration to notify the client of their rights.

SENATE COMMITTEE ON HEALTH & LONG TERM CARE

Staff: LeighBeth Merrick (786-7445)

Background: The Department of Social and Health Services (DSHS) Developmental Disabilities Administration (DDA) administers a broad range of services and programs for individuals with developmental disabilities in Washington State. These services and programs may include case management, personal care, respite, employment, community engagement, crisis stabilization services, and residential supports. DDA clients can chose to receive services in their home, a residential setting, or an institutional setting. Eligibility for DDA services depends on whether the client has a qualified developmental disability, has a functional need, and meets certain income and asset standards. Currently, there are over 45,000 DDA clients.

In 2016, the Legislature created the Office of the Developmental Disabilities Ombuds (DD Ombuds) as a private independent office with the duty to monitor the services provided to people with developmental disabilities, investigate complaints, and issue reports and recommendations to the Legislature.

Summary of Bill: Personal and service related rights for DDA clients are established. DDA must provide clients and legal representatives with written notice of the rights and document when this information is provided. This notice must be provided when determining an individual is eligible of DDA services and when an individual is assessed by DDA.

Personal Rights. DDA clients have the right to personal power and choice which includes a right to:

DDA clients have the right to privacy and confidentiality which includes a right to:

DDA clients have the right to access advocates, receive information from agencies acting as client advocates, and contact these agencies.

Service Related Rights. DDA clients have the right to participate in service planning. This includes the right to:

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DDA clients have the right to access information about services and health care. This includes the right to:

DDA clients have the right to file complaints and grievances, and to request appeals. This includes the right to:

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Before terminating a DDA client's community residential services, DDA must:

DSHS must adopt oversight and enforcement rules for licensed or certified providers' practices related to DDA client rights.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill will help people know their rights and access advocates when they need extra support. There is bi-partisan support and zero fiscal impact. A lot of work was done during the interim working with DDA and stakeholders to improve the bill from last year.

Persons Testifying: PRO: Noah Seidel, Office of Developmental Disability Ombuds; Emily Rogers, Developmental Disability Council.

Persons Signed In To Testify But Not Testifying: No one.