S-2074

AN ACT Relating to stabilizing long-term care for persons with developmental disabilities living in the community and in residential habilitation centers; amending RCW 71A.10.020, 71A.16.010, and 71A.16.030; adding new sections to chapter 71A.10 RCW; adding a new section to chapter 71A.12 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 71A.10 RCW to read as follows:

It is the intent of the legislature to bring an end to the long-standing conflict between the advocates of community-based services and the advocates of state-operated residential habilitation centers for the developmentally disabled.

Further, it is the intent of the legislature to affirm its longtime commitment to secure for all persons with developmental disabilities in partnership with their families, legal guardians, or conservators the opportunity to choose where they live. Consistent with this commitment, the legislature supports the existence of a complete spectrum of options, including community services and residential habilitation centers, based on appropriated funding levels.

Unless and until medicine eliminates or substantially reduces the incidence of developmental disabilities, it is the policy of the state of Washington to maintain and enhance the quality of its residential habilitation centers permanently established according to RCW 71A.20.020 and its community residential support services.

Sec. 2. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Community residential support services" or "community support services" means the services listed in RCW 71A.12.040.

(2) "Department" means the department of social and health services.

((~~(2)~~)) (3) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((~~determinate [determinant]~~)) determinant of these conditions, and notify the legislature of this action.

((~~(3)~~)) (4) "Direct patient care staff" means those personnel in residential rehabilitation centers or in community residential support services who have frequent, direct interaction with, and who provide direct assistance to, persons with developmental disabilities as the major portion of their regular employment duties.

(5) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

((~~(4)~~)) (6) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

((~~(5)~~)) (7) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

((~~(6)~~)) (8) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

((~~(7)~~)) (9) "Residential habilitation center" means a state-operated nursing facility or other facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

((~~(8)~~)) (10) "Secretary" means the secretary of social and health services or the secretary's designee.

((~~(9)~~)) (11) "Service" or "services" means services provided by state or local government to carry out this title.

Sec. 3. RCW 71A.16.010 and 1988 c 176 s 401 are each amended to read as follows:

It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. So long as there are vacancies within the capacity of residential habilitation centers as specified in RCW 71A.20.020 or in community residential support services, no person with a developmental disability may be denied the services of a residential habilitation center or community residential support services, except for lack of funds as provided by legislative appropriation from both state and federal sources.

Sec. 4. RCW 71A.16.030 and 1988 c 176 s 403 are each amended to read as follows:

(1) The secretary shall establish a single procedure for persons to apply for a determination of eligibility for services provided to persons with developmental disabilities. This procedure must require that all applicants be given notice of the existence and availability of residential habilitation center and community residential support services. The department shall establish waiting lists for admission to residential habilitation centers, including permanently available respite and other services, as well as waiting lists for community residential support services. The department shall include these waiting lists in an annual report to the senate health and long-term care committee and the house of representatives health care committee on actual admissions to the residential habilitation centers and to community residential support services.

(2) An application may be submitted by a person with a developmental disability, by the legal representative of a person with a developmental disability, or by any other person who is authorized by rule of the secretary to submit an application.

NEW SECTION. Sec. 5. A new section is added to chapter 71A.12 RCW to read as follows:

(1) The legislature recognizes that essential residential habitation center and community residential support services should be available to each person with developmental disabilities in our state.

(2) The legislature recognizes that there have been substantially increasing demands for all of these services. Therefore, the legislature believes that any reductions in the capacity of these services could jeopardize a needed balance in the developmental disabilities system. The legislature intends to stabilize the capacity of community residential support and residential habilitation center services. The capacity of residential habilitation centers and the capacity of community support services shall not be reduced below the number of persons served in each of these services during March 1997, except that the department may reduce the capacity of residential habilitation centers to complete reductions scheduled through the end of the 1995-1997 biennium. The department shall submit any legislation or funding requests to further reduce residential habilitation center capacity in the 1998 supplemental budget request or in subsequent appropriations requests if such reductions are needed to adhere to a formal agreement with the federal department of justice regarding Fircrest School. If such capacity is not needed for current clients of the department, any vacancies that may occur in community residential support or residential habilitation center services shall be used to expand services to eligible developmentally disabled persons not now receiving services. If residential habilitation center capacity is not needed for permanent residents, the department shall make any residential habilitation center vacancies available for respite care. Any restrictions in staffing ratios that may be needed to implement this section within available resources may not result in reductions to direct patient care staff.

NEW SECTION. Sec. 6. A new section is added to chapter 71A.10 RCW to read as follows:

The department of social and health services shall convene a working group for the purpose of developing a long range plan for the future of residential habilitation center and community support services.

This working group shall be composed of people with developmental disabilities, their family members and guardians, and others who are selected by the secretary and who equally reflect and are committed to ensuring a complete spectrum of services within the developmental disabilities community. The working group shall be composed of equal numbers of advocates for each of the following services: (1) Residential habilitation centers; and (2) community residential support services. The department shall appoint the working group members by August 1, 1997.

The working group shall convene by September 1, 1997, and shall cease to exist on December 1, 2002. The working group shall seek a consensus on a single long range plan and seek to develop a lasting, working relationship among its members and the groups they represent.

The working group shall address those topics necessary for the completion of its task, including at least the following: The role, configuration, and capacity of the permanently established residential habilitation centers; respite care; crisis intervention services; supports for people who exhibit challenging behaviors, have a mental illness, or are medically fragile; quality assurance; consumer and family choices; appropriate settings for legal offenders; managed care; due process; employee dislocation and turnover; equitable service allocation; residential service guidelines; future uses for unneeded institutional property; and future use of adult family homes. The working group shall also implement a process for ongoing communication and future dispute resolution. The department may contract with experts in mediation and large group process facilitation to complete the tasks described in this section.

The department shall make annual reports on the working group's activities beginning December 1, 1997. The reports must include appropriate recommendations for legislation and budgetary appropriations. The department shall conduct assessments of need, or cause them to be conducted by neutral parties, and shall develop and include in its reports to the legislature supporting documentation of current and projected population and service trends, needs, and costs.

NEW SECTION. Sec. 7. The sum of forty-nine thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1999, from the general fund to the department of social and health services for the purposes of section 6 of this act.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.