6681-S

AN ACT Relating to an ombudsman program for individuals with developmental disabilities; adding a new chapter to Title 43 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature recognizes that an increasing number of adult individuals with developmental disabilities receive services in community-based settings and state institutions. The legislature intends to promote the quality of service and choices of individuals with developmental disabilities by creating an ombudsman program for individuals with developmental disabilities.

The legislature finds that individuals with developmental disabilities have the right to choose the appropriate services and supports they need. The services and supports must be appropriate to the needs of individuals with developmental disabilities, designed to maximize the developmental potential of the individual, and provided in the setting that is least restrictive of the individual's personal liberty. The services and supports must be provided in a manner that assures the individual's health and safety and is respectful of individual self-dignity and human rights as enumerated in federal and state laws.

NEW SECTION. Sec. 2. (1) The office of ombudsman services for developmentally disabled persons is created. The department of community, trade, and economic development shall contract with private, nonprofit organizations to provide ombudsman services through the office. All individuals with developmental disabilities defined as eligible under Title 71A RCW are eligible for ombudsman services. The office of ombudsman services for developmentally disabled persons shall protect the interests of people with developmental disabilities as they relate to the provision of services by the state of Washington and individuals and entities that contract with the state of Washington.

(2) A commission to provide oversight of the office of ombudsman services for developmentally disabled persons is created. The governor shall appoint the members of the commission. One-third of the commission members must be individuals who use or have used department services, one-third of the commission members must be family members of individuals with developmental disabilities, and the remainder of the commission members must be individuals with experience and expertise in the delivery of ombudsman services. No commission member may be employed by the state of Washington or affiliated with any department of the state of Washington.

(3) The contractor selected by the department shall provide ombudsman services to persons with developmental disabilities and shall be so designated by action of the department of community, trade, and economic development. State funds appropriated by the legislature for the use of the office of ombudsman services for persons with developmental disabilities may not be diverted to any other provider, person, or agency by any state agency or entity, except with the approval of a majority of the commission members at a noticed meeting.

NEW SECTION. Sec. 3. The organization that contracts to provide ombudsman services for persons with developmental disabilities must be an independent, competent advocacy organization and must:

(1) Not be a provider of paid services to people with developmental disabilities, except advocacy services;

(2) Have the capacity to deliver services to individuals in all areas of the state;

(3) Have staff with experience and knowledge in dispute or problem resolution techniques, including investigation, mediation, and negotiation;

(4) Be staffed by professionals with a wide range of experience and expertise with the social service and legal systems, and knowledge of developmental disabilities;

(5) Have experience in managing a large budget, particularly a budget with reporting requirements;

(6) Have private nonprofit status and eligibility for tax exempt status under section 501(c)(3) of the internal revenue code; and

(7) Have the knowledge and commitment necessary to competently serve diverse ethnic and cultural communities.

NEW SECTION. Sec. 4. The department of community, trade, and economic development shall provide all program and staff support necessary to enable the office of ombudsman services to protect effectively the interests of people with developmental disabilities and to protect effectively the interest of people with developmental disabilities who have applied for or are receiving services from the state of Washington or a contractor with the state of Washington.

The office of ombudsman services has the following duties:

(1) Investigate and resolve complaints made by or on behalf of residents of long-term care facilities relating to administrative action that may adversely affect the health, safety, welfare, and rights of these individuals. Any crimes against residents, including rape, assault, or theft, must be investigated immediately. In the case of rape or assault, the ombudsman shall ensure that there is an immediate medical examination of the individual and refer the case to the appropriate investigative authorities for criminal investigation;

(2) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to long-term care facilities in this state;

(3) Provide information as appropriate to public agencies regarding the problems of individuals residing in long-term care facilities;

(4) Provide services for coordinating the activities of developmental disabilities ombudsmen throughout the state;

(5) Establish procedures consistent with this chapter for appropriate access by developmental disabilities ombudsmen to the records of clients of the division of developmental disabilities, including procedures to protect the confidentiality of the records and ensure that the identity of any individual with developmental disabilities will not be disclosed without the written consent of the individual or upon court order;

(6) Establish a state-wide uniform reporting system to collect and analyze data relating to complaints, for the purpose of identifying and resolving significant problems;

(7) Establish procedures to assure that any files maintained by the office of the ombudsman are disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any individual with a developmental disability may not be disclosed by the ombudsman unless:

(a) The individual or the individual's legal representative consents in writing to the disclosure; or

(b) Disclosure is required by court order;

(8) As necessary, contract with local advocacy agencies to fulfill the duties of the office of ombudsman services;

(9) Recruit and train volunteer ombudsmen to perform the functions of the office of ombudsman services and provide for training volunteers and promoting the development of citizen organizations to participate in the ombudsman program. A volunteer long-term care ombudsman must be able to identify and resolve problems regarding the care of residents in long-term care facilities and to assist the residents in the assertion of their civil and human rights. Volunteers may not be used for complaint investigations but may engage in fact-finding activities to determine whether a formal complaint should be submitted to the department;

(10) Report to, and be guided by, a governing board that must have a minimum of twenty-six percent of its members persons with developmental disabilities, and a minimum fifty-one percent of its members persons with disabilities and their family members;

(11) Develop ethical standards for the conduct of the ombudsman functions;

(12) Provide technical assistance and consultation to ombudsmen in local communities;

(13) Establish a toll-free number for use by individuals with questions, complaints, or in need of assistance;

(14) Work cooperatively with the office of the state long-term care ombudsman, the Washington protection and advocacy system, and other organizations familiar with developmental disability issues;

(15) Investigate and resolve complaints made by or on behalf of individuals with developmental disabilities relating to administrative action that may adversely affect the health, safety, welfare, and rights of these individuals;

(16) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to service provision to individuals with developmental disabilities;

(17) Provide information as appropriate to public agencies regarding the problems of individuals with developmental disabilities receiving services in this state;

(18) Develop procedures for referral of complaints to appropriate state or local government agencies;

(19) Provide or contract for the provision of legal assistance and consultation necessary to the performance of ombudsman functions; and

(20) Conduct an annual consumer satisfaction survey.

NEW SECTION. Sec. 5. The office of ombudsman services shall prepare an annual report to the legislature that identifies the following:

(1) Demographic status of those served by the office;

(2) Description of the issues addressed by the office;

(3) Description of case scenarios without compromising confidentiality;

(4) The number of sites and number of visits by ombudsmen;

(5) Recommendations for regulatory action by agencies that would improve the quality of service to individuals with developmental disabilities;

(6) Recommendations for legislative action that would result in improved services to individuals with developmental disabilities; and

(7) Results of consumer satisfaction survey.

All agencies receiving funds from the state of Washington that are named in the annual report of the office of ombudsman services for developmentally disabled persons shall respond within thirty days with a plan for how identified issues will be addressed by the agency.

NEW SECTION. Sec. 6. Developmental disabilities ombudsmen shall adhere to a code of ethics and shall be governed by principles and values in the conduct of ombudsman duties. The ombudsmen shall:

(1) Presume each individual served is competent;

(2) Endeavor to meet the disability-related accommodation needs of each individual served;

(3) Comply with the expressed wishes of the person with a developmental disability;

(4) Maintain a role as advocate for persons with developmental disabilities;

(5) Promote the right of individuals and the least-restrictive setting possible;

(6) Avoid conflict of interest and the appearance of conflict, including the conflict of direct provision of nonadvocacy services;

(7) Recognize and accommodate issues of cultural and ethnic diversity;

(8) Initially attempt to resolve questions and disputes at the lowest level possible; and

(9) Withdraw ombudsman services when so directed by the person with a developmental disability.

NEW SECTION. Sec. 7. (1) No ombudsman is liable for good faith performance of responsibilities under this chapter.

(2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of a facility or agency, any service recipient, or any volunteer, for any communication made, or information given or disclosed, to aid an ombudsman in carrying out his or her duties and responsibilities, unless the same was done maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

NEW SECTION. Sec. 8. All records and files of the office of ombudsman services relating to any complaint or investigation made pursuant to carrying out duties under this chapter and the identities of complainants, witnesses, patients, residents, or service recipients must remain confidential unless disclosure is authorized by the individual or his or her guardian or legal representative. No disclosures may be made outside the office without the consent of any named witnesses, residents, patients, clients, service recipients, or complainant unless the disclosure is made without the identity of any of these individuals being disclosed.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act shall take effect July 1, 1996.

NEW SECTION. Sec. 11. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act shall constitute a new chapter in Title 43 RCW.