SENATE BILL REPORT

2SHB 1565

BYHouse Committee on Ways & Means Appropriations (originally sponsored by Representatives Brekke, Winsley, H. Sommers, Silver, Moyer, Braddock, Sutherland, Hine, May, D. Sommers and Butterfield;by request of Department of Social and Health Services)

Revising provisions on alcoholism and drug addiction treatment.

House Committe on Human Services

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Ways & Means

Senate Hearing Date(s):February 26, 1988; February 27, 1988

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bauer, Bluechel, Cantu, Deccio, Fleming, Gaspard, Hayner, Johnson, Lee, Newhouse, Saling, Smith, Vognild, Williams, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                  February 28, 1988

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 27, 1988

BACKGROUND:

In 1987 the Legislature enacted the Alcoholism and Drug Addiction Treatment and Support Act.  The law removed those disabled due to alcoholism and/or drug addiction from the General Assistance Unemployable (GA-U) program and established a new treatment and shelter program to more appropriately meet their special needs. In October and November 1987, court injunctions forced the Department of Social and Health Services to allow clients not in a residential treatment program to choose their own type of shelter instead of requiring them all to live in dormitory settings.

The court was also concerned with the treatment portion of the program, and enjoined the Department from requiring inpatient treatment as a precursor to outpatient treatment in all cases.

There have been concerns that shelter beds for the homeless are being displaced due to this program.  The Department is proposing legislation that will define shelter, clarify the treatment components, amend other provisions of the Act, and respond to the court.

SUMMARY:

The definition of shelter as an essential service is deleted as a goal of the Alcoholism and Drug Addiction Treatment and Support Act (ADATSA).  Legislative intent is changed to provide that existing emergency shelter beds shall not be displaced by this legislation and that empty ADATSA-contracted beds may be made available temporarily to homeless individuals.  The limitation of "within available funds" is made to apply to the entire program instead of a portion.  Medical eligibility standards are removed.  Those eligible for federal aid are eligible for the ADATSA program.

The outpatient treatment living allowance excludes shelter provided in dormitory settings that do not require sobriety as a condition of residence. Those pending treatment may be provided shelter and are allowed the option of a living allowance through a protective payee.  The Department determines the amount of cash to be issued to these clients. The assessment center may require patients in the treatment portion of the program to complete inpatient and recovery house treatment prior to outpatient treatment.

Shelter is defined as a facility under contract to the Department which provides room and board in supervised living arrangement, normally in a group or dormitory setting.  Allowance is made for facilities operated by public or private agencies.  No such shelter may allow the consumption of alcohol on the premises.  Existing emergency shelter beds should not be displaced for use as contracted beds.  Where group or dormitory settings are unavailable or unfeasible to develop, allowance is made for shelter to be provided through protective payees.

General Assistance-Unemployable recipients who have been continuously eligible for GA-U since July 25, 1987 and transfer to the ADATSA program may remain in their present living arrangement but only through a protective payee option.

A pilot project to test the effectiveness of the protective payee option at preventing the diversion of assistance for the purchase of drugs or alcohol is established with a report on the results due December 1, 1989.

By January 5, 1989, the Department shall report on the ADATSA program including the numbers of people receiving assessment, treatment, and shelter services, the number of contracted shelter beds, and the movement from the General Assistance-Unemployable program to ADATSA.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The pilot project(s) for case management protective payee system is terminated on July 1, 1990.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Gerry Reilly, DSHS; Mike Doubleday, City of Seattle; Sylvie McGee, Coalition for the Homeless