BILL REQ. #: H-2523.3
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 04/14/11. Referred to Committee on Ways & Means.
AN ACT Relating to transition services for people with developmental disabilities; amending RCW 71A.10.020, 71A.20.010, 71A.20.020, 71A.18.040, and 71A.20.080; adding new sections to chapter 71A.20 RCW; creating new sections; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that:
(1) A developmental disability is a natural part of human life and
the presence of a developmental disability does not diminish a person's
rights or the opportunity to participate in the life of the local
community;
(2) In Washington state, people living in residential habilitation
centers and their families are satisfied with the services they
receive, and deserve to continue receiving services that meet their
needs when moving to a community setting;
(3) People with disabilities, including residential habilitation
center residents, should be provided genuine choices as to where they
can live, including the most integrated setting possible; and
(4) In a time of fiscal restraint, the state should consider the
needs of all persons with developmental disabilities and spend its
limited resources in a manner that serves more people, while not
compromising the care people require.
NEW SECTION. Sec. 2 It is the intent of the legislature that:
(1) Community-based residential services supporting people with
developmental disabilities should be available in the most integrated
setting appropriate to individual needs; and
(2) An extensive transition planning and placement process should
be used to ensure that people moving from a residential habilitation
center to a community setting have the services and supports needed to
meet their assessed health and welfare needs.
Sec. 3 RCW 71A.10.020 and 2010 c 94 s 21 are each amended to read
as follows:
As used in this title, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Community residential support services," or "community support
services," and "in-home services" means one or more of the services
listed in RCW 71A.12.040.
(2) "Crisis stabilization services" means services provided to
persons with developmental disabilities who are experiencing behaviors
that jeopardize the safety and stability of their current living
situation. Crisis stabilization services include:
(a) Temporary intensive services and supports, not to exceed sixty
days, to prevent psychiatric hospitalization, institutional placement
or other out-of-home placement; and
(b) Services designed to stabilize the person and strengthen their
current living situation so the person may continue to safely reside in
the community during and beyond the crisis period.
(3) "Department" means the department of social and health
services.
(((3))) (4) "Developmental disability" means a disability
attributable to intellectual disability, cerebral palsy, epilepsy,
autism, or another neurological or other condition of an individual
found by the secretary to be closely related to an intellectual
disability or to require treatment similar to that required for
individuals with intellectual disabilities, which disability originates
before the individual attains age eighteen, which has continued or can
be expected to continue indefinitely, and which constitutes a
substantial limitation to the individual. By January 1, 1989, the
department shall promulgate rules which define neurological or other
conditions in a way that is not limited to intelligence quotient scores
as the sole determinant of these conditions, and notify the legislature
of this action.
(((4))) (5) "Eligible person" means a person who has been found by
the secretary under RCW 71A.16.040 to be eligible for services.
(((5))) (6) "Habilitative services" means those services provided
by program personnel to assist persons in acquiring and maintaining
life skills and to raise their levels of physical, mental, social, and
vocational functioning. Habilitative services include education,
training for employment, and therapy.
(((6))) (7) "Legal representative" means a parent of a person who
is under eighteen years of age, a person's legal guardian, a person's
limited guardian when the subject matter is within the scope of the
limited guardianship, a person's attorney-at-law, a person's
attorney-in-fact, or any other person who is authorized by law to act
for another person.
(((7))) (8) "Notice" or "notification" of an action of the
secretary means notice in compliance with RCW 71A.10.060.
(((8))) (9) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed
by chapter 71A.20 RCW.
(((9))) (10) "Respite services" means relief for families and other
caregivers of people with disabilities to include both in-home and out-of-home respite care on an hourly and daily basis, including twenty-four hour care for several consecutive days. Respite care workers
provide supervision, companionship, and personal care services
temporarily replacing those provided by the primary caregiver of the
person with disabilities. Respite care may include other services
needed by the client, including medical care which must be provided by
a licensed health care practitioner.
(11) "Secretary" means the secretary of social and health services
or the secretary's designee.
(((10))) (12) "Service" or "services" means services provided by
state or local government to carry out this title.
(((11))) (13) "State-operated living alternative" means community
residential services and housing which may include assistance with
activities of daily living, behavioral, habilitative, interpersonal,
protective, nursing, and mobility supports to individuals who have been
assessed by the department as meeting state and federal requirements
for eligibility in home and community-based waiver programs for
individuals with developmental disabilities. State-operated living
alternatives are operated and staffed with state employees in a house
owned by or leased to the state.
(14) "Supported living" means community residential services and
housing which may include assistance with activities of daily living,
behavioral, habilitative, interpersonal, protective, nursing, and
mobility supports provided to individuals with disabilities who have
been assessed by the department as meeting state and federal
requirements for eligibility in home and community-based waiver
programs for individuals with developmental disabilities. Supported
living services are provided under contracts with private agencies or
with individuals who are not state employees.
(15) "Vacancy" means an opening at a residential habilitation
center, which when filled, would not require the center to exceed its
biennially budgeted capacity.
Sec. 4 RCW 71A.20.010 and 1988 c 176 s 701 are each amended to
read as follows:
(1) This chapter covers the operation of residential habilitation
centers. The selection of persons to be served at the centers is
governed by chapters 71A.16 and 71A.18 RCW. The purposes of this
chapter are: To provide for those ((children and adults)) persons who
are exceptional in their needs for care, treatment, and education by
reason of developmental disabilities, residential care designed to
develop their individual capacities to their optimum; to provide for
admittance, withdrawal and discharge from state residential
habilitation centers upon application; and to insure a comprehensive
program for the education, guidance, care, treatment, and
rehabilitation of all persons admitted to residential habilitation
centers.
(2) Effective July 1, 2012, no person under the age of twenty-one
years may be admitted to receive services at a residential habilitation
center, unless such admission is limited to the provision of short-term
respite or crisis stabilization services.
Sec. 5 RCW 71A.20.020 and 1994 c 215 s 1 are each amended to read
as follows:
Except as provided in section 6 of this act, the following
residential habilitation centers are permanently established to provide
services to persons with developmental disabilities: Lakeland Village,
located at Medical Lake, Spokane county; Rainier School, located at
Buckley, Pierce county; Yakima Valley School, located at Selah, Yakima
county; Fircrest School, located at Seattle, King county; and Frances
Haddon Morgan Children's Center, located at Bremerton, Kitsap county.
NEW SECTION. Sec. 6 (1) On December 31, 2011, the department
shall begin operation of two houses located on the grounds of the
Frances Haddon Morgan center as state-operated living alternatives. On
December 30, 2011, Frances Haddon Morgan center shall cease to operate
as a residential habilitation center. Placements shall be arranged for
current Frances Haddon Morgan center residents as provided in this
section and section 7 of this act.
(2) To assure the successful transition of Frances Haddon Morgan
center residents, the department:
(a) Shall use the person-centered discharge planning approach
described in section 7 of this act to assist each person transitioning
to another care setting;
(b) Shall establish additional state-operated living alternatives
in other locations if needed to provide community residential services
to former residential habilitation center residents who prefer a state-operated living alternative. The department shall offer residential
habilitation center employees opportunities to work in state-operated
living alternatives as they are established;
(c) May use existing supported living program capacity in the
community for former residential habilitation center residents who
prefer a supported living program;
(d) Shall establish crisis stabilization and respite services for
individuals with developmental disabilities requiring such services;
and
(e) May establish regional or mobile specialty services, such as
dental care, physical therapy, occupational therapy, and specialized
nursing care, which can be made available to former residents of
residential habilitation centers, and, with available funds, other
individuals with developmental disabilities residing in the community.
NEW SECTION. Sec. 7 A new section is added to chapter 71A.20 RCW
to read as follows:
The department shall:
(1) Within sixty days of admission to a residential habilitation
center, ensure that each resident's individual habilitation plan
includes a plan for discharge to the community;
(2) Use a person-centered approach in developing the discharge plan
to assess the resident's needs and identify services the resident
requires to successfully transition to the community, including:
(a) Engaging families and guardians of residents by offering
family-to-family mentoring provided by parents who themselves
experienced moving a child with developmental disabilities from an
institution to the community. The department shall contract with the
developmental disabilities council to provide mentoring services;
(b) Employees of the residential habilitation centers and the
department providing transition planning for residents. To strengthen
continuity of care for residents leaving residential habilitation
centers, the department shall provide opportunities for residential
habilitation center employees to obtain employment in state-operated
living alternatives;
(c) Providing choice of community living options and providers,
consistent with federal requirements, including offering to place, with
the consent of the resident or his or her guardian, each resident of
the residential habilitation center on the appropriate home and
community-based waiver, as authorized under 42 U.S.C. Sec. 1396n, and
provide continued access to the services that meet his or her assessed
needs;
(d) Providing residents and their families or guardians
opportunities to visit state-operated living alternatives and supported
living options in the community;
(e) Offering residents leaving a residential habilitation center a
"right to return" to a residential habilitation center during the first
year following their move;
(f) Addressing services in addition to those that will be provided
by residential services providers that are necessary to address the
resident's assessed needs, including:
(i) Medical services;
(ii) Nursing services;
(iii) Dental care;
(iv) Behavioral and mental health supports;
(v) Employment or other day support; and
(vi) Transportation or other supports needed to assist family and
friends in maintaining regular contact with the resident;
(3) Assure that, prior to discharge from a residential habilitation
center, clients continue to be eligible for services for which they
have an assessed need;
(4) Maximize federal funding for transitioning clients through the
roads to community living grant;
(5) Limit the ability of a state-operated living alternative to
reject clients;
(6) Use any savings achieved through efficiencies to extend
services, including crisis stabilization and respite services, to
people with developmental disabilities currently receiving limited or
no services; and
(7)(a) Employ the quality assurance for people moving process to
monitor the adjustment of each resident who leaves a residential
habilitation center; and
(b) Convene a work group to review findings from the quality
assurance for people moving process and provide feedback on the
transition process. The work group shall include representatives of
the developmental disabilities council, disability rights Washington,
University of Washington center for human development and disability,
providers, and families and advocates of persons with disabilities.
Sec. 8 RCW 71A.18.040 and 1989 c 175 s 142 are each amended to
read as follows:
(1) A person who is receiving a service under this title or the
person's legal representative may request the secretary to authorize a
service that is available under this title in place of a service that
the person is presently receiving.
(2) The secretary upon receiving a request for change of service
shall consult in the manner provided in RCW 71A.10.070 and within
ninety days shall determine whether the following criteria are met:
(a) The alternative plan proposes a less dependent program than the
person is participating in under current service;
(b) The alternative service is appropriate under the goals and
objectives of the person's individual service plan;
(c) The alternative service is not in violation of applicable state
and federal law; and
(d) The service can reasonably be made available.
(3) If the requested alternative service meets all of the criteria
of subsection (2) of this section, the service shall be authorized as
soon as reasonable, but not later than one hundred twenty days after
completion of the determination process, unless the secretary
determines that:
(a) The alternative plan is more costly than the current plan;
(b) Current appropriations are not sufficient to implement the
alternative service without reducing services to existing clients; or
(c) Providing alternative service would take precedence over other
priorities for delivery of service.
(4) The secretary shall give notice as provided in RCW 71A.10.060
of the grant of a request for a change of service. The secretary shall
give notice as provided in RCW 71A.10.060 of denial of a request for
change of service and of the right to an adjudicative proceeding.
(5) When the secretary has changed service from a residential
habilitation center to a setting other than a residential habilitation
center, the secretary shall reauthorize service at the residential
habilitation center if the secretary in reevaluating the needs of the
person finds that the person needs service in a residential
habilitation center.
A person who has moved from a residential habilitation center that
has closed to a community-based setting shall be offered a right to
return to a residential habilitation center during the first year
following their move to the community.
(6) If the secretary determines that current appropriations are
sufficient to deliver additional services without reducing services to
persons who are presently receiving services, the secretary is
authorized to give persons notice under RCW 71A.10.060 that they may
request the services as new services or as changes of services under
this section.
Sec. 9 RCW 71A.20.080 and 1989 c 175 s 143 are each amended to
read as follows:
(1) Whenever in the judgment of the secretary, the treatment and
training of any resident of a residential habilitation center has
progressed to the point that it is deemed advisable to return such
resident to the community, the secretary may grant placement on such
terms and conditions as the secretary may deem advisable after
consultation in the manner provided in RCW 71A.10.070. The secretary
shall give written notice of the decision to return a resident to the
community as provided in RCW 71A.10.060. The notice must include a
statement advising the recipient of the right to an adjudicative
proceeding under RCW 71A.10.050 and the time limits for filing an
application for an adjudicative proceeding. The notice must also
include a statement advising the recipient of the right to judicial
review of an adverse adjudicative order as provided in chapter 34.05
RCW.
(2) A placement decision shall not be implemented at any level
during any period during which an appeal can be taken or while an
appeal is pending and undecided, unless authorized by court order so
long as the appeal is being diligently pursued.
((The department of social and health services shall periodically
evaluate at reasonable intervals the adjustment of the resident to the
specific placement to determine whether the resident should be
continued in the placement or returned to the institution or given a
different placement.))
NEW SECTION. Sec. 10 A new section is added to chapter 71A.20
RCW to read as follows:
Beginning November 1, 2012, and annually thereafter, the department
shall submit information to the appropriate committees of the
legislature regarding persons who have transitioned from residential
habilitation centers to the community, including:
(1) Progress toward meeting the requirements of this act;
(2) Client and guardian satisfaction with services;
(3) Stability of placement and provider turnover, including
information on returns to a residential habilitation center under
section 7(2)(e) of this act;
(4) Safety and health outcomes;
(5) Types of services received by clients transitioned to the
community; and
(6) Continued accessibility of former residents to family.
NEW SECTION. Sec. 11 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 12 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 13 Section 7 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect June 30, 2011.