SENATE BILL REPORT

                                    HB 1986

             AS REPORTED BY COMMITTEE ON HEALTH & LONG-TERM CARE,

                                 APRIL 4, 1991

Brief Description:  Providing for the protection and advocacy of the rights of developmentally disabled persons.

SPONSORS:Representatives Leonard, Cooper, Prentice, Ferguson, Sprenkle, Winsley, Appelwick, Braddock, Moyer, Locke, Paris, R. King, Wang, Valle, Ludwig, Kremen, Jacobsen, Dellwo, Holland, Inslee, H. Myers, Van Luven, O'Brien, Spanel, Mitchell, Brekke and Rasmussen.

HOUSE COMMITTEE ON HUMAN SERVICES

SENATE COMMITTEE ON HEALTH & LONG‑TERM CARE

Majority Report:  Do pass.

      Signed by Senators West, Chairman; L. Smith, Vice Chairman; Amondson, Johnson, L. Kreidler, Niemi, and Wojahn.

Staff:  Suzanne Brown (786‑7483)

Hearing Dates:April 1, 1991; April 4, 1991

BACKGROUND:

Federal statute requires that states provide protection and advocacy for developmentally disabled and mentally ill persons.  The Washington Protection and Advocacy System (WPAS), a private nonprofit organization, provides independent protection and advocacy services to developmentally disabled persons and mentally ill persons in the state of Washington. 

In addition to receiving federal monies, WPAS has received state funds through contracts from the Division of the Developmental Disabilities (DDD).  According to a peer review audit, these contracts did not ensure the independence of WPAS in providing protection and advocacy for these groups.  Consequently, WPAS canceled the contracts effective September 30, 1990. 

SUMMARY:

The Governor must designate an agency for the protection and advocacy of the rights of developmentally disabled and mentally ill individuals.  The designated agency must be independent of any agency that provides treatment or other services to developmentally disabled or mentally ill persons. 

An appropriate state official will serve as liaison between the designated agency and the state departments and agencies providing services to developmentally disabled and mentally ill persons.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

TESTIMONY FOR:

The Washington Protection and Advocacy System is mandated to ensure that services to developmentally disabled and mentally ill citizens meet the intent of federal and state law.  This bill will ensure state support for these vital services and avoid future conflicts between advocacy services and direct service agencies.

TESTIMONY AGAINST:  None

TESTIFIED:  PRO:  Mark Stroh, WPAS; Mary Jo Wilcox, Jeff Larsen, WA Assembly for Citizens with Disabilities