BP BHEAD INT H [atlas:bill]

AN ACT Relating to the establishment of the long-term care and rehabilitation administration; adding new sections to chapter 43.20A RCW; creating a new section; repealing RCW 74.39.001, 74.39.005, 74.39.030, 74.39A.005, and 74.39A.007; and declaring an emergency.

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

NEW SECTION. Sec. 1. FINDINGS AND INTENT. The legislature finds that the public demands that long‑term care services be client and family-centered, easy to access, safe, and economically effective and efficient. To accomplish this, the legislature recognizes the immediate need to administer and provide long-term care services within the department of social and health services for persons with chronic functional disabilities through a separate, integrated, and comprehensive long-term care administration.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act.

(1) "Administration" means the long-term care and rehabilitation services administration in the department of social and health services.

(2) "Functionally disabled person" is synonymous with chronic functionally disabled and means a person who, because of a recognized chronic physical condition or disease or acute or chronic mental condition or disease, is impaired to the extent of being dependent upon others for direct care, support, supervision, or monitoring to perform activities of daily living. "Activities of daily living," in this context, means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, and transfer. Instrumental activities of daily living may also be used to assess a person's functional abilities as they are related to the mental capacity to perform activities in the home and the community such as cooking, shopping, house cleaning, doing laundry, working, and managing personal finances.

NEW SECTION. Sec. 3. (1) No additional state employees may be hired as a result of establishing the administration.

(2) Any funds saved because of the elimination of management level positions within the new administration must be redirected to direct long-term care services, quality assurance, and complaint investigations provided by the department.

NEW SECTION. Sec. 4. OUTCOME MEASURES‑-DEVELOPMENT BENCHMARKS. The secretary shall develop outcome measures for use in evaluating the long-term care and rehabilitation services administration authorized in this act that include but are not limited to:

(1) Reducing current cost per person served by providing services more cost effectively;

(2) Developing specific procedures and plans within the administration that will promote coordination and remove cross-administrative barriers and fragmentation between the different administrative subelements;

(3) Implementing a plan and procedures for a coordinated client and family assessment;

(4) Seeking and obtaining public and private alternative funding for long-term care services;

(5) Establishing a process for involving the meaningful participation of persons with functional disabilities and their families, employees, vendors, community advocates, and other federal, state, and local governmental entities in the planning, development, and implementation of programs and services consistent with the intent of this act;

(6) Establishing a coordinated case management system that will equitably serve all disability groups;

(7) Implementing outcome-based quality standards that result in a measurable improvement of reviews or inspections and provider compliance across all long-term care programs; and

(8) Conducting a comprehensive client survey to assess client satisfaction and to identify specific areas where the new administration can improve effectiveness, safety, and accessability of services.

NEW SECTION. Sec. 5. ADVISORY COUNCIL ON LONG-TERM CARE INTEGRATION. The secretary shall appoint, as soon as practical, but not later than July 1, 2000, an advisory council on long-term care integration, hereafter referred to in this section as the council.

The council shall be composed of consumers and their family representatives, providers of care, administrators, and advocates that reflect the departmental programs that are being transferred to the administration. Members are to be selected by the secretary. The assistant secretary of the administration shall be the chair of the council.

The council shall establish technical advisory panels composed of balanced representation of all types of persons served by the administration to provide expert technical assistance on matters necessary to implement this act.

The council has the following duties:

(1) Ensure that all appropriate interests participate in the departmental integration activities;

(2) Oversee the development, revision, implementation, and enforcement of all quality assurance measures;

(3) Report the following to the appropriate committees of the legislature, no later than December 12, 2001:

(a) Methods of cost-efficiencies that can be used to reallocate funds to unmet needs in direct services;

(b) Necessary modifications of the case management system and management information systems to fully implement chapter . . ., Laws of 2000 (this act);

(d) Recommended legislation necessary to implement changes proposed by the council to the appropriate legislative committees.

The department shall make the council recommendations available to the public.

NEW SECTION. Sec. 6. FUNCTIONS TRANSFERRED TO THE LONG-TERM CARE AND REHABILITATION SERVICES ADMINISTRATION. The department shall establish a long-term care and rehabilitation services administration. The department shall transfer the following programs and services and related management and support services to the long-term care and rehabilitation services administration. The secretary shall determine how to administratively coordinate any programs and services that remain within the health and rehabilitative services administration:

Title 71 RCW - Mental illness programs;

Title 71A RCW - Developmental disabilities;

Chapter 72.06 RCW - Mental health;

Chapter 72.23 RCW - Public and private facilities for mentally ill;

Chapter 72.29 RCW - Multi-use facilities for the mentally or physically handicapped or the mentally ill;

Chapter 70.10 RCW - Comprehensive community health centers;

Chapter 70.82 RCW - Cerebral palsy program;

Chapter 70.96A RCW - Treatment for alcoholism, intoxication, and drug addiction;

Chapter 70.124 RCW - Abuse of patients‑-Nursing homes, state hospitals;

Chapter 70.128 RCW - Adult family homes;

Chapter 70.129 RCW - Long-term care resident rights;

Chapter 74.26 RCW - Services for children with multiple handicaps;

Chapter 74.34 RCW - Abuse of vulnerable adults;

Chapter 74.36 RCW - Funding for community programs for the aging;

Chapter 74.39 RCW - Long-term care service options;

Chapter 74.41 RCW - Respite care services;

Chapter 74.42 RCW - Nursing homes‑-Resident care, operating standards;

Chapter 74.46 RCW - Nursing facility medicaid payment system;

Chapter 74.39A RCW - Long-term care services options‑-Expansion; and

Chapter 18.51 RCW - Nursing homes.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 74.39.001 (Finding) and 1989 c 427 s 1;

(2) RCW 74.39.005 (Purpose) and 1995 1st sp.s. c 18 s 10 & 1989 c 427 s 2;

(3) RCW 74.39.030 (Community options program entry system--Waiver--Respite services) and 1989 c 427 s 11;

(4) RCW 74.39A.005 (Findings) and 1993 c 508 s 1; and

(5) RCW 74.39A.007 (Purpose and intent) and 1993 c 508 s 2.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 43.20A RCW.

NEW SECTION. Sec. 9. 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.

NEW SECTION. Sec. 10. Captions used in this act are not part of the law.