CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6751

 

 

                   Chapter 216, Laws of 1998

 

 

                        55th Legislature

                      1998 Regular Session

 

 

PERSONS WITH DEVELOPMENTAL DISABILITIES--CHOICE OF RESIDENCE AND SERVICE

 

 

 

                    EFFECTIVE DATE:  3/30/98

Passed by the Senate March 12, 1998

  YEAS 48   NAYS 0

 

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 11, 1998

  YEAS 98   NAYS 0

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6751 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved March 30, 1998 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

           March 30, 1998 - 2:55 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6751

          _______________________________________________

 

              AS RECOMMENDED BY CONFERENCE COMMITTEE

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Deccio, Wojahn, Wood, Franklin, Benton, Thibaudeau, Oke and Winsley)

 

Read first time 02/06/98.

Ensuring a choice of service and residential options for citizens with developmental disabilities.  


    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.


    Passed the Senate March 12, 1998.

    Passed the House March 11, 1998.

Approved by the Governor March 30, 1998.

    Filed in Office of Secretary of State March 30, 1998.