S-1767.2 _______________________________________________
SENATE BILL 6019
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Deccio, Wojahn, Winsley, Wood, Benton, Heavey, Franklin, Thibaudeau, Sheldon, Kohl, Hochstatter, Swanson, Schow, Prince, Roach, Oke, McAuliffe, Long, Bauer, Patterson and Rasmussen
Read first time 02/27/97. Referred to Committee on Health & Long‑Term Care.
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.10.011, 71A.10.020, 71A.16.010, and 71A.16.030; adding a new section to chapter 71A.12 RCW; adding a new section to chapter 71A.10 RCW; making an appropriation; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71A.10.011 and 1995 c 383 s 1 are each amended to read as follows:
The
legislature recognizes that the emphasis of state developmental disability
services is shifting from institutional-based care to community services in an
effort to increase the personal and social independence and fulfillment of
persons with developmental disabilities, consistent with state policy as
expressed in RCW 71A.10.015. ((It is the intent of the legislature that
financial savings achieved from program reductions and efficiencies within the
developmental disabilities program shall be redirected within the program to
provide public or private community-based services for eligible persons who
would otherwise be unidentified or unserved.)) 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" or "central core
facility" means a state-operated 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 combined capacity of these services may not be reduced below levels assumed in chapter 283, Laws of 1996, the 1996 supplement to the 1995-97 operating budget. 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 the broad range of interest within the developmental disabilities community, including residential habilitation center and community residential support services.
The department shall contract with experts in mediation and large group process facilitation to develop the long range planning process described in this section. Based on the recommendations of the experts, the department shall appoint the working group members by August 1, 1997.
The working group shall convene by September 1, 1997. 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 submit an initial report with recommendations as outlined in this section by December 1, 1997. The working group shall report annually, on December 1st thereafter, until it makes its final report and ceases to exist on December 1, 2002.
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 and grievance procedures; 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 working group's annual reports must include 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.
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