HOUSE BILL REPORT

HB 1429

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Human Services

Title: An act relating to respite care for primary care providers of persons with developmental disabilities.

Brief Description: Concerning respite care.

Sponsors: Representatives O'Brien, Bailey, Sells, Hinkle, Cody, Kessler, Hudgins, Ericks, Moeller, Morrell and Ormsby.

Brief History:

Committee Activity:

Human Services: 2/2/09, 2/11/09 [DPS].

Brief Summary of Substitute Bill

  • Allows respite services to a family member or other person if either is the primary care provider in the home for a person with developmental disabilities.

HOUSE COMMITTEE ON HUMAN SERVICES

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green, Klippert, Morrell, O'Brien and Walsh.

Staff: Linda Merelle (786-7092)

Background:

The Individual Family Support Program, provided through the Division of Developmental Disabilities, supports families while caring for a family member with developmental disabilities in their home. Families may receive the following services:

Respite care is a service provided to parents who live with and take care of their children with developmental disabilities. It allows these parents to have a "respite" from the demands of caring for their son or daughter 24 hours per day, 7 days per week or to allow time to run errands and take care of other matters outside of the home. A parent may hire an independent care provider who comes into the home or takes the son or daughter on an outing. Under some circumstances, parents may take their child to a licensed facility for a period of hours. The number of respite hours allotted may vary. They may be taken pursuant to a set schedule, but more often, they are taken sporadically when the need arises. Only care providers who are parents are allowed to receive respite services through the Division of Developmental Disabilities.

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Summary of Substitute Bill:

As parents grow older and less able to take care of their children with developmental disabilities, other family members have taken over that responsibility. Respite services would be provided for a sibling, grandparent, or other person if they, rather than the parent, are the primary care provider who provides personal care in the home of the adult person being cared for.

Substitute Bill Compared to Original Bill:

The substitute bill clarifies that family members who are the primary caregiver for, who live with, and provide personal care services for an adult with developmental disabilities may receive respite services. In addition to respite services for individuals who receive state-only funding, respite services are also allowed for family members who are the primary caregiver, who live with, and provide personal care services for adults who are on the Basic, Basic Plus, and Core waivers.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) Under this bill, respite will be provided for any family member. Right now, only the parent is allowed the right to have respite services. The bill does not expand to let a whole bunch of persons receive respite, instead only the person who is the primary caregiver will receive respite services. Without respite care for other family members who are the primary caregivers, we will see more persons go into institutions. If non-parent primary caregivers are not allowed respite, the persons that they care for will be lost in the shuffle.

(Information only) When the Department of Social and Health Services adopted rules regarding respite, they took into consideration paid providers and their hours for vacation time. The permanent rules which excluded individuals who were not the parent went into effect last year, in 2008.

(Opposed) None.

Persons Testifying: (In support) Representative O’Brien, prime sponsor; Sally Coomer; Darla Helt, Clark County Parent Coalition; Kenneth Schweibish; Cindy O’Neill, and Patty Gee.

(Information only) Linda Rolfe, Division of Developmental Disabilities, Department of Social and Health Services.

Persons Signed In To Testify But Not Testifying: (In support) Margaret Lee Thompson, The Arc of King County and King County Parent Coalition for Developmental Disabilities.