BILL REQ. #:  S-2488.2 

READ FIRST TIME 03/05/07.   

     AN ACT Relating to creating the individual and family services program for people with developmental disabilities; adding a new section to chapter 71A.12 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) A developmental disability is a natural part of human life, and the presence of a developmental disability in the life of a person does not diminish the person's rights or opportunity to participate fully in the life of the local community;
     (b) Investing in family members who have children and adults living in the family home preserves a valuable natural support system for the individual with a developmental disability and is also cost-effective for the state of Washington;
     (c) Providing support services to families can help maintain the well-being of the family and stabilize the family unit.
     (2) It is the intent of the legislature:
     (a) To partner with families as care providers for children with developmental disabilities and adults who choose to live in the family home;
     (b) That individual and family services be centered on the needs of the person with a developmental disability and the family;
     (c) That, to the maximum extent possible, individuals and families must be given choice of services and exercise control over the resources available to them.

NEW SECTION.  Sec. 2   A new section is added to chapter 71A.12 RCW to read as follows:
     (1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfer funding associated with these existing family support programs to the individual and family services program and shall operate the program within available funding. The services provided under the individual and family services program shall be funded by state funding without benefit of federal match.
     (2) The department shall adopt rules to implement this section. The rules shall include:
     (a) That eligibility for families with children under the age of eighteen to receive services in the individual and family services program be determined and prioritized by an assessment of individual need and financial eligibility that is based upon the combined taxable income of the parents and children with developmental disabilities. Taxable income must be at or below four hundred percent of the federal poverty level;
     (b) That eligibility for adults with developmental disabilities who live with their families to receive services in the individual and family services program be determined and prioritized by an assessment of individual need and financial eligibility that is based upon the earned and unearned income of the adult with the developmental disability. Taxable income must be at or below four hundred percent of the federal poverty level;
     (c) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year. When defining service priority levels the department shall consider the amount of supervision an individual needs, behavioral challenges, and caregiver stress;
     (d) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature;
     (e) That the following services be available under the program:
     (i) Respite care including respite care for a parent who provides paid personal care to his or her adult son or daughter with developmental disabilities who resides in the home;
     (ii) Therapies;
     (iii) Architectural and vehicular modifications;
     (iv) Equipment and supplies;
     (v) Specialized nutrition and clothing;
     (vi) Excess medical costs not covered by another source;
     (vii) Copays for medical and therapeutic services;
     (viii) Transportation;
     (ix) Training;
     (x) Counseling;
     (xi) Behavior management;
     (xii) Parent/sibling education;
     (xiii) Recreational opportunities; and
     (xiv) Community services grants; and
     (f) Other standards or requirements consistent with this section.
     (3) Funding, in addition to funding for the service priority levels, shall be provided for one-time exceptional needs and emergency needs for eligible individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis.

NEW SECTION.  Sec. 3   No later than January 1, 2008, the department of social and health services shall report to the appropriate policy committees of the legislature on the following:
     (1) The number of people receiving services under the individual and family services program, and the type of services;
     (2) The number of respite hours for paid parent providers and the cost for those services;
     (3) Reasons why people were denied for services, including how many people were denied due to income, and their level of income, if available;
     (4) The service priority levels and income of people receiving services;
     (5) Any recommendations on how to improve the program that would need additional legislation.

NEW SECTION.  Sec. 4   This act may be known and cited as the Lance Morehouse, Jr. memorial individual and family services act.