Passed by the Senate April 20, 2009 YEAS 48 NAYS 0 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 1, 2009 YEAS 97 NAYS 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5547 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary
Approved April 30, 2009, 11:40 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED May 1, 2009 Secretary of State State of Washington

AN ACT Relating to respite care for primary care providers of persons with developmental disabilities; and amending RCW 71A.12.161.

Sec. 1   RCW 71A.12.161 and 2007 c 283 s 2 are each amended 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 provide:
     (a) That eligibility to receive services in the individual and family services program be determined solely by an assessment of individual need;
     (b) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year;
     (c) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature; and
     (d) That the following services be available under the program:
     (i) Respite care;
     (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.
     (3) In addition to services provided for the service priority levels under subsections (1) and (2) of this section, the department shall provide for:
     (a) One-time exceptional needs and emergency needs for individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis; and
     (b) Respite services based on the department's assessment for:
     (i) A parent who provides personal care in the home to his or her adult son or daughter with developmental disabilities; or
     (ii) A family member who replaces the parent as the primary caregiver, resides with, and provides personal care in the home for the adult with developmental disabilities.
     (4) If a person has more complex needs, a family is experiencing a more prolonged crisis, or it is determined a person needs additional services, the department shall assess the individual to determine if placement in a waiver program would be appropriate.