BILL REQ. #:  H-1538.1 

Read first time 02/18/13.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to implementing the recommendations of the developmental disability service system task force; amending RCW 28A.190.020, 71A.20.020, 71A.20.170, 71A.20.180, and 71A.20.190; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.190.020 and 1990 c 33 s 171 are each amended to read as follows:
     The term "residential school" as used in RCW 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130((, each as now or hereafter amended,)) shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, Cedar Creek Youth Camp, Mission Creek Youth Camp, Echo Glen, ((Lakeland Village, Rainier school, Yakima Valley school,)) Interlake school, ((Fircrest school, Francis Haddon Morgan Center,)) the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or for the care and treatment of persons with developmental disabilities who are exceptional in their mental or physical needs ((by reason of mental and/or physical deficiency: PROVIDED, That)). However, the term shall not include the state schools for the deaf and blind or adult correctional institutions.

Sec. 2   RCW 71A.20.020 and 2011 1st sp.s. c 30 s 5 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.
     (2) The Yakima Valley School, located at Selah, Yakima county, shall cease to operate as a residential habilitation center when the conditions in RCW 71A.20.180(2)(b) are met)). The total number of persons who reside in or receive respite services from residential habilitation centers in Washington state may not exceed nine hundred.
     (2) Any proposed closure of a residential habilitation center must be approved by the legislature.

Sec. 3   RCW 71A.20.170 and 2011 1st sp.s. c 30 s 12 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 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)) including the 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 and the property at the now closed Frances Haddon Morgan Center.
     (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.

Sec. 4   RCW 71A.20.180 and 2011 1st sp.s. c 30 s 6 are each amended 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 August 24, 2011, 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 chapter 30, Laws of 2011 1st sp. sess.
     (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))) (1) Shall establish state-operated living alternatives to provide community residential services to residential habilitation center residents transitioning to the community under chapter 30, Laws of 2011 1st sp. sess. 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))) (2) 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))) (3) 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))) (4) 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; and
     (5) Shall continue to provide respite services in residential habilitation centers and continue to develop respite care in the community with a goal of allowing clients to access services where they choose.

Sec. 5   RCW 71A.20.190 and 2011 1st sp.s. c 30 s 8 are each amended 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)) the director of the department of enterprise services 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, chapter 30, Laws of 2011 1st sp. sess.;
     (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; and
     (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 chapter 30, Laws of 2011 1st sp. sess. 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)) 2013.
     (7) This section expires July 1, 2014.