BILL REQ. #:  S-1895.1 

Read first time 02/27/2003.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to regulation of community residential programs; and amending RCW 71A.12.080.

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

Sec. 1   RCW 71A.12.080 and 1988 c 176 s 208 are each amended to read as follows:
     (1) The secretary shall adopt rules concerning the eligibility of residents of residential habilitation centers for placement in community residential programs under this title; determination of ability of such persons or their estates to pay all or a portion of the cost of care, support, and training; the manner and method of licensing or certification and inspection and approval of such community residential programs for placement under this title; and procedures for the payment of costs of care, maintenance, and training in community residential programs. The rules shall include standards for care, maintenance, and training to be met by such community residential programs.
     (2) In adopting rules under subsection (1) of this section, the secretary shall address a process for considering, as a priority, cost impacts to contract service providers in carrying out requirements of any rule or policy by the department. The process must incorporate efficiencies to minimize administrative costs to (a) the service provider in implementing a policy or rule; and (b) the department in its oversight activities. Such cost containment measures must be designed to address unnecessary duplication of efforts and paperwork, but not interfere with what is deemed necessary to meet basic compliance of the rule or policy.
     (3) The secretary shall ensure that rules adopted under subsection (1) of this section do not (a) duplicate requirements of service providers that already exist; (b) require review by the department of routine changes by service providers to administrative documents that do not change or thwart the intent of the underlying policy; (c) require staff performance reviews without giving service providers the flexibility to conduct such reviews based on individual circumstances; (d) require departmental approval of routine staff schedule changes by service providers when the change does not alter the underlying requirements of the contractual agreement; and (e) require service providers to keep guardianship papers and federally required individual support plan documents that are already maintained by the department.
     (4) Subsection (2) of this section also applies to the adoption of policies by the division of developmental disabilities that are not codified into the Washington Administrative Code.
     (5) The division of developmental disabilities shall give expanded flexibility to service providers in policy to meet the terms of their contracts by (a) allowing wage shifts between staff and nonstaff wages to occur without department approval; (b) giving service providers discretion in submitting damage claims to insurance companies; and (c) authorizing service providers to determine whether a behavior support plan is necessary for a single incident that resulted in property damage.
     (6) The secretary shall coordinate state activities and resources relating to placement in community residential programs to help efficiently expend state and local resources and, to the extent designated funds are available, create an effective community residential program.