Passed by the Senate May 25, 2011 YEAS 32   BRAD OWEN ________________________________________ President of the Senate Passed by the House May 25, 2011 YEAS 63   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5459 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved June 15, 2011, 2:42 p.m., with
the exception of Sections 7 and 11 which
are vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | June 15, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 05/19/11.
AN ACT Relating to services for people with developmental disabilities; amending RCW 71A.10.020, 71A.20.010, 71A.20.020, 71A.18.040, 71A.20.080, and 71A.20.170; adding new sections to chapter 71A.20 RCW; adding a new section to chapter 70.02 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) The system of services for people with developmental
disabilities should provide a balanced range of health, social, and
supportive services at home or in other residential settings. The
receipt of services should be coordinated so as to minimize
administrative cost and service duplication, and eliminate
unnecessarily complex system organization;
(3) The public interest would best be served by a broad array of
services that would support people with developmental disabilities at
home or in the community, whenever practicable, and that promote
individual autonomy, dignity, and choice;
(4) 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 if they choose to receive those services in a community setting;
(5) As other care options for people with developmental
disabilities become more available, the relative need for residential
habilitation center beds is likely to decline. The legislature
recognizes, however, that residential habilitation centers will
continue to be a critical part of the state's long-term care options;
and that such services should promote individual dignity, autonomy, and
a home-like environment; and
(6) 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, typically 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, typically not to exceed ninety
days, 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 programs
for community residential services which may include assistance with
activities of daily living, behavioral, habilitative, interpersonal,
protective, medical, 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.
(14) "Supported living" means community residential services and
housing which may include assistance with activities of daily living,
behavioral, habilitative, interpersonal, protective, medical, 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 no later than July 1, 2012, no person under the age
of sixteen years may be admitted to receive services at a residential
habilitation center. Effective no later than July 1, 2012, no person
under the age of twenty-one years may be admitted to receive services
at a residential center, unless there are no service options available
in the community to appropriately meet the needs of the individual.
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:
(1) Except as provided in subsection (2) of this section, 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; and Fircrest School, located at
Seattle, King county((; and Frances Haddon Morgan Children's Center,
located at Bremerton, Kitsap county)).
(2) The Yakima Valley School, located at Selah, Yakima county,
shall cease to operate as a residential habilitation center when the
conditions in section 6(2)(b) are met.
NEW SECTION. Sec. 6 A new
section is added to chapter 71A.20 RCW
to read as follows:
(1) By December 31, 2011, the department shall:
(a) Close Frances Haddon Morgan residential rehabilitation center
and relocate current residents consistent with the requirements of
section 7 of this act; and
(b) Establish at least two state operating living alternatives on
the campus of the Frances Haddon Morgan center, if residents have
chosen to receive care in such a setting and subject to federal
requirements related to the receipt of federal medicaid matching funds.
(2)(a) Upon the effective date of this section, the department
shall not permit any new admission to Yakima Valley School unless such
admission is limited to the provision of short-term respite or crisis
stabilization services. Except as provided in (b) of this subsection,
no current permanent resident of Yakima Valley School shall be required
or compelled to relocate to a different care setting as a result of
this act.
(b) The Yakima Valley School shall continue to operate as a
residential habilitation center until such time that the census of
permanent residents has reached sixteen persons. As part of the
closure plan, at least two cottages will be converted to state-operated
living alternatives, subject to federal requirements related to the
receipt of federal medicaid matching funds.
(3) To assure the successful implementation of subsections (1) and
(2) of this section, the department, within available funds:
(a) Shall establish state-operated living alternatives to provide
community residential services to residential habilitation center
residents transitioning to the community under this act 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;
(b) May use existing supported living program capacity in the
community for former residential habilitation center residents who
prefer and choose a supported living program;
(c) Shall continue to staff and operate at Yakima Valley School
crisis stabilization beds and respite service beds at the existing bed
capacity as of June 1, 2011, for individuals with developmental
disabilities requiring such services;
(d) Shall establish up to eight state-staffed crisis stabilization
beds and up to eight state-staffed respite beds based upon funding
provided in the appropriations act and the geographic areas with the
greatest need for those services; and
(e) Shall establish regional or mobile specialty services evenly
distributed throughout the state, 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, within 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:
(1) May, 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) Shall 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 family members who themselves
experienced moving a family member 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) Habilitation services;
(vi) Employment or other day support; and
(vii) Transportation or other supports needed to assist family and
friends in maintaining regular contact with the resident;
(3) Shall 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) Shall maximize federal funding for transitioning clients
through the roads to community living grant;
(5) Shall limit the ability of a state-operated living alternative
to reject clients;
(6) Shall use any savings achieved through efficiencies to extend
services, including state-staffed crisis stabilization and respite
services, to people with developmental disabilities currently receiving
limited or no services; and
(7)(a) Shall employ the quality assurance process currently in use
by the department 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. 7 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 8 A new section is added to chapter 70.02 RCW
to read as follows:
(1) A developmental disability service system task force is
established.
(2) The task force shall be convened by September 1, 2011, and
consist of the following members:
(a) Two members of the house of representatives appointed by the
speaker of the house of representatives, from different political
caucuses;
(b) Two members of the senate appointed by the president of the
senate, from different political caucuses;
(c) The following members appointed by the governor:
(i) Two advocates for people with developmental disabilities;
(ii) A representative from the developmental disabilities council;
(iii) A representative of families of residents in residential
habilitation centers;
(iv) Two representatives of labor unions representing workers who
serve residents in residential habilitation centers;
(d) The secretary of the department of social and health services
or their designee; and
(e) The secretary of the department of general administration or
their designee.
(3) The members of the task force shall select the chair or
cochairs of the task force.
(4) Staff assistance for the task force will be provided by
legislative staff and staff from the agencies listed in subsection (2)
of this section.
(5) The task force shall make recommendations on:
(a) The development of a system of services for persons with
developmental disabilities that is consistent with the goals
articulated in section 1 of this act;
(b) The state's long-term needs for residential habilitation center
capacity, including the benefits and disadvantages of maintaining one
center in eastern Washington and one center in western Washington;
(c) A plan for efficient consolidation of institutional capacity,
including whether one or more centers should be downsized or closed
and, if so, a time frame for closure;
(d) Mechanisms through which any savings that result from the
downsizing, consolidation, or closure of residential habilitation
center capacity can be used to create additional community-based
capacity;
(e) Strategies for the use of surplus property that results from
the closure of one or more centers;
(f) Strategies for reframing the mission of Yakima Valley School
consistent with this act that consider:
(i) The opportunity, where cost-effective, to provide medical
services, including centers of excellence, to other clients served by
the department; and
(ii) The creation of a treatment team consisting of crisis
stabilization and short-term respite services personnel, with the long-term goal of expanding to include the provisions of specialty services
such as dental care, physical therapy, occupational therapy, and
specialized nursing care to individuals with developmental disabilities
residing in the surrounding community.
(6) The task force shall report their recommendations to the
appropriate committees of the legislature by December 1, 2012.
Sec. 9 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)(a) 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.
(b) 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. 10 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. 11 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, for the first two years
following each person's new placement, 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.
*Sec. 11 was vetoed. See message at end of chapter.
Sec. 12 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, except as permitted under section 7 of this act.
(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 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.
(6) The account shall be known as the Dan Thompson memorial
developmental disabilities community trust account.
NEW SECTION. Sec. 13 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. 14 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. 15 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.