BILL REQ. #:  S-0502.3 

Read first time 01/26/11.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to transition services for people with developmental disabilities; amending RCW 71A.10.020, 71A.20.010, 71A.20.020, 71A.20.080, and 71A.20.170; adding new sections to chapter 71A.20 RCW; creating new sections; providing an effective date; providing an expiration 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) Washington state has more institutional beds per citizen for clients with developmental disabilities than most other states; and
     (3) People who live in the institutions and their families are satisfied with the services they receive, and deserve to continue receiving services of equal quality when a person moves from an institution to a community setting.

NEW SECTION.  Sec. 2   The legislature intends that:
     (1) Out-of-the-family home residential services supporting individuals with developmental disabilities should be available in the most integrated setting appropriate to individual needs;
     (2) A person with a developmental disability moving from an institution to a community setting has the services and support arrangements needed to meet the person's assessed health and welfare needs; and
     (3) Children with developmental disabilities be served in home or community settings, not in institutions.

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) "Department" means the department of social and health services.
     (3) "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) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.
     (5) "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) "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) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
     (8) "Residential habilitation center" means a state-operated facility for persons twenty-one years of age or older with developmental disabilities governed by chapter 71A.20 RCW.
     (9) "Secretary" means the secretary of social and health services or the secretary's designee.
     (10) "Service" or "services" means services provided by state or local government to carry out this title.
     (11) "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:
     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 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. Admission to a residential habilitation center may not be considered a permanent placement.

Sec. 5   RCW 71A.20.020 and 1994 c 215 s 1 are each amended to read as follows:
     ((The following)) Subject to the availability of funds appropriated by the legislature, residential habilitation centers are ((permanently established)) authorized 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)) based upon admissions criteria established by the department.

NEW SECTION.  Sec. 6   (1) By June 30, 2011, the department shall close Frances Haddon Morgan residential rehabilitation center and relocate current residents consistent with the requirements of section 7 of this act.
     (2) By December 31, 2012, the department shall close the Yakima Valley school and relocate current residents consistent with the requirements of section 7 of this act.
     (3) This section expires December 31, 2012.

NEW SECTION.  Sec. 7   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, including consulting with the resident, guardian, family, and staff, to assess the resident's needs and identify services the resident requires to successfully transition to the community, including:
     (a) 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;
     (b) Preparing clients and their families for transition to the community, including visits to community living options and consulting with families with children who have previously completed such a transition;
     (c) Providing choice of community living options and providers, consistent with federal requirements;
     (d) Addressing services required to address the resident's assessed needs necessary for transition, including:
     (i) Medical services;
     (ii) Dental care;
     (iii) Behavioral and mental health supports;
     (iv) Employment or other day support; and
     (v) 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) Restrict the ability of a state-operated living alternative to reject clients;
     (6) Use any savings achieved through efficiencies to extend services to people with developmental disabilities currently receiving limited or no services; and
     (7) Provide quality assurance and follow-up, and reporting to the legislature, consistent with the provisions of RCW 71A.20.080 and section 9 of this act.

Sec. 8   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.)) (3) The department shall:
     (a) Employ the quality assurance for people moving process to monitor the adjustment of each resident who leaves a residential habilitation center; and
     (b) Consult with 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 on its implementation of the quality assurance for people moving process.

NEW SECTION.  Sec. 9   (1) Beginning December 1, 2011, and annually thereafter, the department shall report to the appropriate committees of the legislature on its progress transitioning residents from Frances Haddon Morgan Center and any other residential habilitation center.
     (2) Beginning November 1, 2012, and annually thereafter, the department shall submit information to the appropriate committees of the legislature, including:
     (a) Progress toward meeting the requirements of this act;
     (b) Client and guardian satisfaction with services;
     (c) Stability of placement and provider turnover;
     (d) Safety and health outcomes;
     (e) Types of services received by clients transitioned to the community; and
     (f) Continued accessibility of former residents to family.

Sec. 10   RCW 71A.20.170 and 2008 c 265 s 1 are each amended to read as follows:
     (1) The developmental disabilities community trust account is created in the state treasury. All net proceeds from the use of excess property identified in the 2002 joint legislative audit and review committee capital study or other studies of the division of developmental disabilities residential habilitation centers ((at Lakeland Village, Yakima Valley school, Francis Haddon Morgan Center, and Rainier school)) that would not impact current residential habilitation center operations must be deposited into the account.
     (2) Proceeds may come from the lease of the land, conservation easements, sale of timber, or other activities ((short of sale of the property)).
     (3) "Excess property" includes that portion of the property at Rainier school previously under the cognizance and control of Washington State University for use as a dairy/forage research facility.
     (4) Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. For purposes of this section, "investment income" includes lease payments, rent payments, or other periodic payments deposited into the trust account. For purposes of this section, "principal" is the actual excess land from which proceeds are assigned to the trust account.
     (5) Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively to provide family support, community residential, and/or employment/day services to eligible persons with developmental disabilities who can be served by community-based developmental disability services. It is the intent of the legislature that the account should not be used to replace, supplant, or reduce existing appropriations or to assist with any relocation of residents currently residing in residential habilitation centers to other placements.
     (6) The account shall be known as the Dan Thompson memorial developmental disabilities community trust account.

NEW SECTION.  Sec. 11   Sections 6, 7, and 9 of this act are each added to chapter 71A.20 RCW.

NEW SECTION.  Sec. 12   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. 13   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. 14   Section 6 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.