Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Human Services Committee

HB 2498

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.

Brief Summary of Bill

Specifies that the financial responsibility of a resident of a Residential Habilitation Center (RHC) applies to the resident's cost of care from the date of admission to the RHC to the end of the resident's stay.
Removes the requirement that the Secretary of the Department of Social and Health Services (Secretary) wait until the court appoints a guardian for a resident before the Secretary disburses funds to reimburse the Department of Social and Health Services where there has been a final finding of financial responsibility.
Allows the time for an appeal of a finding of financial responsibility to continue to run while the appointment of a guardianship is pending.
Requires that the Secretary provide written notice of a determination that an original finding of financial responsibility is to be modified or vacated.

Background:

Residential Habilitation Centers.

Residential Habilitation Centers (RHCs) are state-operated facilities that provide 24-hour supervision and medical and nursing services for persons who have developmental disabilities. There are currently five RHCs in Washington State: (1) Fircrest, (2) Frances Haddon Morgan, (3) Lakeland Village, (4) Rainier, and (5) Yakima Valley.

Finding of Financial Responsibility.

The Secretary of the Department of Social and Health Services (Secretary) serves as the custodian of the personal property of a resident of an RHC. Subject to some limitations, the Secretary may disburse funds belonging to the resident to the Department of Social and Health Services as reimbursement for the cost of the resident's care, treatment, hospitalization, medical care, and other needs when there has been a finding of financial responsibility.

Where there has been a finding of financial responsibility, and the resident does not have a guardian, parent, spouse, or other person acting in a representative capacity upon whom notice can be served, the Secretary must not make disbursements from the resident's fund until a guardian is appointed by the court. The time for appeal of the finding of financial responsibility does not begin to run until the appointment of a guardian and service of the notice and findings of financial responsibility upon the guardian.

Appeal of Finding of Financial Responsibility.

Once a resident or his or her guardian or other person in a representative capacity has been served with a notice and findings of financial responsibility, the guardian of the resident's estate, the resident's spouse, or other person acting on behalf of the resident may make an application for a hearing to appeal the finding.

Modification of Finding of Financial Responsibility.

The Secretary, upon application of the resident's guardian or pursuant to his or her own action, after investigation, may modify or vacate an original finding of financial responsibility. Any such action by the Secretary is appealable in the same manner as an original finding of responsibility.

Summary of Bill:

If a resident of an RHC does not have a guardian, and there has been a finding of financial responsibility, the Secretary does not have to wait until a guardian is appointed before any disbursement of funds. The time for appeal of the finding of financial responsibility is not tolled and begins to run even if the appointment of a guardian is pending.

The finding of financial responsibility applies to the resident's cost of care from the date of admission to the RHC to the end of his or her stay.

If the Secretary determines that the original finding of financial responsibility is to be modified or vacated, the Secretary must provide notice of such determination in writing to the resident's guardian. If there is no guardian, the notice must be provided to the resident, the resident's spouse, or other persons acting in a representative capacity and having property belonging to the resident.