FINAL BILL REPORT

SSB 6384

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.

C 49 L 12

Synopsis as Enacted

Brief Description: Ensuring that persons with developmental disabilities be given the opportunity to transition to a community access program after enrollment in an employment program.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Parlette, Murray, Keiser, Fraser, Carrell, Kline, Pridemore, Frockt, Delvin, Harper, Fain, Honeyford, Benton, Hobbs, Hewitt, Shin, Regala, McAuliffe, Conway, Kohl-Welles, Roach, Haugen and Nelson).

Senate Committee on Health & Long-Term Care

House Committee on Early Learning & Human Services

Background: The Department of Social and Health Services' (DSHS) Division of Developmental Disabilities (DDD) assists individuals with developmental disabilities and their families to obtain services and support based on individual preference, capabilities, and needs, which promote everyday activities, routines, and relationships common to most citizens. DDD provides individuals with a variety of services, including employment services and community access services, which are contracted with counties. Employment services provide ongoing support services and training for eligible persons with paid jobs in a variety of settings and work sites. These include individual supported employment, group supported employment, and prevocational services. Community access services assist individuals to participate in activities that promote individualized skill development, independent living, and community integration. Activities must provide individuals with opportunities to develop personal relationships with others in their local communities and to learn, practice, and apply life skills that promote greater independence and community inclusion.

Home and Community Based Services (HCBS) Waivers are designed to allow the provision of certain services to clients in community settings. DDD offers services under five Medicaid HCBS waivers. To be eligible for a HCBS waiver, the individual must be a DDD client; have a disability according to criteria established in the Social Security Act; have countable income that does not exceed 300 percent of the Social Security Income federal benefit standard and countable resources that do not exceed $2,000 or be in the Health Care for Workers with Disabilities program; need the level of care provided in an Intermediate Care Facility for Individuals with Intellectual Disabilities; have an Individual Support Plan showing how the individual's health, safety, and habilitation needs can be met in the community with a monthly waiver service; and have agreed to accept home and community-based services as an alternative to institutional services.

Summary: DDD clients who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program and the option to transition from a community access program to an employment program at any time. Prior approval by DSHS is not needed when transferring a client from employment to community access services. DDD clients must be informed of their service options, including the opportunity to request an exception from enrollment in an employment program. DSHS must work with counties and stakeholders to strengthen and expand the existing community access program, including the consideration of options that allow for alternative service settings outside the client's residence. The program should emphasize support for clients so they are able to participate in activities that integrate them into their community and support independent living and skills. DSHS is to adopt rules allowing for an exception to the requirement that a client participate in an employment program for nine months prior to transitioning to a community access program.

Votes on Final Passage:

Senate

44

0

House

98

0

(House amended)

Senate

49

0

(Senate concurred)

Effective:

June 7, 2012