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 new sections to chapter 71A.12 RCW; adding a new
section to chapter 71A.20 RCW; providing an expiration date; 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 long-time commitment to secure
for eligible persons with developmental disabilities in partnership with their
families or legal guardians the opportunity to choose where they live.
Consistent with this commitment, the legislature supports the existence of a
complete spectrum of options, including community support 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 support services. 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 support services play in providing options and resources
for people with developmental disabilities and their families who need
services. The legislature recognizes that services must ensure credibility,
responsiveness, and reasonable 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," and "in-home services" means one or more of 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) "Eligible person" means a person who has been found by the
secretary under RCW 71A.16.040 to be eligible for services.
(((4)))
(5) "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)))
(6) "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)))
(7) "Notice" or "notification" of an action of the
secretary means notice in compliance with RCW 71A.10.060.
(((7)))
(8) "Residential habilitation center" means a state-operated
facility for persons with developmental disabilities governed by chapter 71A.20
RCW.
(((8)))
(9) "Secretary" means the secretary of social and health
services or the secretary's designee.
(((9)))
(10) "Service" or "services" means services provided
by state or local government to carry out this title.
(11)
"Vacancy" means an opening at a residential habilitation center,
which when filled, would not require the center to exceed its biannually
budgeted capacity.
Sec.
3. RCW
71A.16.010 and 1988 c 176 s 401 are each amended to read as follows:
(1)
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. Eligible persons with developmental disabilities, whether
they live in the community or residential habilitation centers, should have the
opportunity to choose where they live.
(2)
Until June 30, 2003, and subject to subsection (3) of this section, if there is
a vacancy in a residential habilitation center, the department shall offer
admittance to the center to any eligible adult, or eligible adolescent on an
exceptional case-by-case basis, with developmental disabilities if his or her
assessed needs require the funded level of resources that are provided by the
center.
(3)
The department shall not offer a person admittance to a residential
habilitation center under subsection (2) of this section unless the department
also offers the person appropriate community support services listed in RCW
71A.12.040.
(4)
Community support services offered under subsection (3) of this section may
only be offered using funds specifically designated for this purpose in the
state operating budget. When these funds are exhausted, the department may not
offer admittance to a residential habilitation center, or community support
services under this section.
(5)
Nothing in this section shall be construed to create an entitlement to state
services for persons with developmental disabilities.
(6)
Subsections (2) through (6) of this section expire June 30, 2003.
Sec.
4. RCW
71A.16.030 and 1988 c 176 s 403 are each amended to read as follows:
(1)
The department will develop an outreach program to ensure that any eligible
person with developmental disabilities services in homes, the community, and
residential habilitation centers will be made aware of these services. This
subsection (1) expires June 30, 2003.
(2)
The secretary shall establish a single procedure for persons to apply for a
determination of eligibility for services provided to persons with
developmental disabilities.
(((2)))
(3) Until June 30, 2003, the procedure set out under subsection (1) of this
section must require that all applicants and all persons with developmental
disabilities currently receiving services from the division of developmental
disabilities within the department be given notice of the existence and
availability of residential habilitation center and community 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 in conjunction with the department. When the
person cannot make these choices, the person's legal guardian may make them,
consistent with chapter 11.88 or 11.92 RCW. This subsection expires June 30,
2003.
(4)
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 habilitation center and community
support services should be available to each eligible person with developmental
disabilities in our state within appropriated funds.
(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 support services and residential
habilitation center services. The capacity of the residential habilitation
centers shall not be reduced below the capacity provided for in chapter 149,
Laws of 1997, subject to budget direction from the governor or reductions
needed to adhere to an agreement with the federal department of justice
regarding Fircrest School. The capacity of community support services shall
not be reduced below the capacity provided for by the appropriation specified
in chapter 149, Laws of 1997, subject to budget direction from the governor.
If the direction from the governor requires reductions in the division of
developmental disabilities, the budgets of both the residential habilitation
centers and community support services shall be considered.
(3)
If such capacity is not needed for current clients of the department, any
vacancies that may occur in community support services or residential
habilitation center services shall be used to expand services to eligible
persons with developmental disabilities 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 under RCW
71A.16.010. If residential habilitation center capacity is not being used 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 in residential habilitation centers, other than
permanent residents.
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 within available funds.
NEW
SECTION. Sec. 7. A
new section is added to chapter 71A.12 RCW to read as follows:
The
department shall conduct an analysis whereby it identifies all persons with
developmental disabilities who are eligible for services under Title 71A RCW,
and whether they are served, unserved, or underserved. The department will
gather data on the services and supports required by this population, their
families or their guardians, and the cost of providing these services. This
analysis will include assessing services such as those at residential
habilitation centers, those community support services listed in RCW
71A.12.040, and including, but not limited to, supported employment, family
support, post high school transition programs, crisis intervention services,
supports for persons who have a developmental disability and also a mental
illness, alternative uses for residential habilitation centers, community
vocational services, respite care, specialized medical treatment, and
appropriate placements for persons with developmental disabilities who are also
offenders. The assessment shall be done with the participation of the
developmental disabilities stakeholders work group. The assessment will
commence no later than July 1, 1998.
The
assessment data will not be used to determine or allocate services for
individual people. It will be used by the department, with the participation
of the developmental disabilities stakeholder work group, to develop a
long-term strategic plan. The plan will include three phases, the first one
beginning December 1, 1998; the second beginning December 1, 2000; and the
third beginning December 1, 2002. For each phase the department will provide
incremental data and assessment of programs, services, and funding for persons
with developmental disabilities and their families. For each phase the plan
must also include budget and statutory recommendations intended to secure for
all persons with developmental disabilities the opportunity to choose where
they live, and shall support the existence of a complete spectrum of options
including community support services, and residential habilitation centers that
are consistent with those needs.
NEW
SECTION. Sec. 8. A
new section is added to chapter 71A.12 RCW to read as follows:
For
the purposes of section 7 of this act, the developmental disabilities stakeholder
work group is the division of developmental disabilities strategies for the
future stakeholder work group established by the secretary in 1997 to develop
recommendations on future directions and strategies for service delivery
improvement, resulting in an agreement on the directions the department should
follow in considering the respective roles of the residential habilitation
centers and community support services, including a focus on the resources for
people in need of services.
NEW
SECTION. Sec. 9.
Sections 1 and 5 through 8 of this act expire June 30, 2003.
NEW
SECTION. Sec. 10. 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.
