S-4559

AN ACT Relating to family caregiver long-term care information and support services; amending RCW 74.41.020, 74.41.030, 74.41.050, and 74.41.070; adding a new section to chapter 74.41 RCW; and creating a new section.

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

Sec. 1. RCW 74.41.020 and 1987 c 409 s 1 are each amended to read as follows:

It is the intent of the legislature to provide ((~~for both~~)) a comprehensive program of long-term care information and support, including in-home and out-of-home respite care services ((~~which are provided by a range of service providers~~)), for family and other unpaid caregivers who provide the daily services required when caring for adults with functional disabilities. The ((~~respite care~~)) family caregiver long-term care information and support services shall:

(1) Provide information, relief, and support to family or other unpaid caregivers of ((~~disabled~~)) adults with functional disabilities;

(2) Encourage family and other nonpaid individuals to provide care for ((~~disabled~~)) adults with functional disabilities at home, and thus offer a viable alternative to ((~~institutionalization~~)) placement in a long-term care facility;

(3) Ensure that respite care is made generally available on a sliding-fee basis to eligible participants in the program according to priorities established by the department;

(4) Be provided in the least restrictive setting available consistent with the individually assessed needs of the ((~~functionally disabled~~)) adults with functional disabilities; ((~~and~~))

(5) Include services appropriate to the needs of persons caring for individuals with dementing illnesses; and

(6) Provide family and other unpaid caregivers with long-term care information including but not limited to making care plans, locating long-term care resources, and solving day-to-day caregiving problems.

Sec. 2. RCW 74.41.030 and 1987 c 409 s 2 are each amended to read as follows:

Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

(1) "Family caregiver long-term care information and support services" means providing long-term care information and support services to unpaid family and other unpaid caregivers of adults with functional disabilities, including but not limited to providing: (a) Information about available public and private long-term care support services; (b) assistance in gaining access to an array of appropriate long-term care family caregiver services; (c) individual counseling, and promoting and implementing support groups; (d) caregiver training to assist the nonpaid caregivers in making decisions and solving challenges relating to their caregiving roles; (e) respite care services; and (f) additional supportive long-term care services that may include but not be limited to translating/interpreter services, specialized transportation, coordination of medical care services, and other forms of information and support necessary to maintain the unpaid caregiving activity.

(2) "Respite care services" means relief care for families or other caregivers of ((~~disabled~~)) adults with functional disabilities, eligibility for which shall be determined by the department by rule. The services provide temporary care or supervision of ((~~disabled~~)) adults with functional disabilities in substitution for the caregiver. The term includes ((~~social~~)) adult day ((~~care~~)) services.

((~~(2)~~)) (3) "Eligible participant for family caregiver long-term care information and support services" means an adult ((~~(a)~~)) who needs substantially continuous care or supervision by reason of his or her functional disability((~~, and (b) who is~~)).

(4) "Eligible participant for respite care services" means an adult who meets the criteria for family caregiver long-term care information and support services and is also assessed as requiring ((~~institutionalization~~)) placement into a long-term care facility in the absence of ((a)) an unpaid family or other unpaid caregiver assisted by home and community support services, including respite care.

((~~(3)~~)) (5) "Caregiver" means a spouse, relative, or friend who has primary responsibility for the care of ((~~a functionally disabled adult,~~)) an adult with a functional disability and who does not receive financial compensation for the care((~~, and who is~~)). To be eligible for respite care services, the caregiver is considered the client, and must also be assessed as ((~~being~~)) at risk of placing ((~~the eligible participant~~)) an adult with functional disabilities in a long-term care facility if respite care ((is)) and family caregiver long-term care information and support services are not available.

((~~(4) "Institutionalization" means placement in a long-term care facility.~~

~~(5)~~)) (6) "((~~Social~~)) Adult day ((~~care~~)) services" means nonmedical services to persons who live with their families, cannot be left unsupervised, and are at risk of being placed in a twenty-four-hour care facility if their families do not receive some relief from constant care.

((~~(6)~~)) (7) "Department" means the department of social and health services.

Sec. 3. RCW 74.41.050 and 1989 c 427 s 8 are each amended to read as follows:

The department shall contract with area agencies on aging or other appropriate agencies to conduct ((~~respite care projects~~)) family caregiver long-term care information and support services to the extent of available funding. The responsibilities of the agencies shall include but not be limited to: (1) Administering a program of family caregiver long-term care information and support services; and (2) negotiating rates of payment, administering sliding-fee scales to enable eligible participants to participate in paying for respite care, and arranging for respite care information, training, and other support services. ((~~Rates of payment to respite care service providers shall not exceed, and may be less than, rates paid by the department to providers for the same level of service.~~)) In evaluating the need for respite services, consideration shall be given to the mental and physical ability of the caregiver to perform necessary caregiver functions.

NEW SECTION. Sec. 4. A new section is added to chapter 74.41 RCW to read as follows:

The family caregiver long-term care information and support services administered by the respective area agencies on aging may include: (1) Information about an array of private and public long-term care support services available; (2) assistance in gaining access to appropriate long-term care services; (3) family and individual counseling, including promoting and implementing family support groups; (4) family caregiver training to assist the caregivers in making decisions and solving problems relating to their caregiving roles; (5) respite care to enable eligible caregivers to be temporarily relieved from their caregiving responsibilities; and (6) supplemental services, on a limited basis, to complement the care provided by caregivers that may include but not be limited to: (a) Translating/interpreter services; (b) specialized transportation; (c) assistance purchasing necessary supplies, durable goods, or equipment; and (d) client advocacy.

Sec. 5. RCW 74.41.070 and 1998 c 245 s 151 are each amended to read as follows:

The area agencies on aging administering ((~~respite care programs~~)) family caregiver long-term care information and support services shall maintain data which indicates demand for ((~~respite care, and which includes information on in-home and out-of-home day care and in-home and out-of-home overnight care demand~~)) family caregiver long-term care information and support services.

NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.