S-4317.2 _______________________________________________
SENATE BILL 6751
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators Deccio, Wojahn, Wood, Franklin, Benton, Thibaudeau, Oke and Winsley
Read first time 02/04/98. 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.10.020, 71A.16.010, and 71A.16.030; adding a new section to chapter 71A.10 RCW; adding a new section to chapter 71A.12 RCW; adding a new section to chapter 71A.20 RCW; repealing RCW 71A.10.011; 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 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.
The choice of service options must be supported by state policy, whether the choice is residential habilitation centers or community programs. The intent of the legislature is to ensure choice of service options to persons with developmental disabilities allowing, to the maximum extent possible, that they not have to leave their home or community.
The legislature supports the respective roles that both residential habilitation centers and community programs play in providing options and resources for people with developmental disabilities and their families who need services. The legislature recognizes that programs must ensure service credibility, responsiveness, and quality, whether they are state, county, or community funded.
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. The service that a person with developmental disabilities or their parent chooses may be made following an assessment performed by the department, but no person will be denied admittance to a residential habilitation center if their assessed needs require the level of resources that are provided by the residential habilitation center.
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. For genuine choice to exist, people must know what the options are. Available options must be clearly explained, with services customized to fit the unique needs and circumstances of developmentally disabled clients and their families. Choice of providers and design of services and supports will be determined by the individual, or the individual's legal guardian, in conjunction with the department, if such support is necessary.
(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 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 budgeted to be served in each of these services in chapter 149, Laws of 1997, except if such reductions are needed to adhere to an 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 a vacancy is created it will be made available to any eligible individual who is seeking and desires the services of a residential habilitation center. If residential habilitation center capacity is not needed for permanent residents, the department shall make any residential habilitation center vacancies available for respite care and any other services needed to care for this population. 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.20 RCW to read as follows:
As a means of implementing a choice-oriented system for people with developmental disabilities, staff of residential habilitation centers will continue to increase vocational and community access for current residents. Likewise, specialized residential habilitation services will be more easily accessed by community residents.
NEW SECTION. Sec. 7. RCW 71A.10.011 and 1995 c 383 s 1 are each repealed.
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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