AN ACT Relating to programs for persons suffering from alcoholism or drug addiction; amending RCW 74.50.010, 74.50.020, 74.50.040, 74.50.050, 74.50.060, and 74.09.035; adding new sections to chapter 74.50 RCW; adding a new section to chapter 74.98 RCW; adding new sections to chapter 289, Laws of 1988 (uncodified); repealing RCW 74.50.030; making appropriations; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 2, chapter 406, Laws of 1987 as amended by section 1, chapter 163, Laws of 1988 and RCW 74.50.010 are each amended to read as follows:

The legislature finds:

(1) There is a need for reevaluation of state policies and programs regarding indigent alcoholics and drug addicts;

(2) The practice of providing a cash grant may be causing rapid caseload growth and attracting transients to the state;

(3) Many chronic public inebriates have been recycled through county detoxification centers repeatedly without apparent improvement;

(4) The assumption that all individuals will recover through treatment has not been substantiated;

(5) The state must modify its policies and programs for alcoholics and drug addicts and redirect its resources in the interests of these individuals, the community, and the taxpayers; and

(6) Treatment resources should be focused on persons willing to commit to rehabilitation((~~; and~~)).

((~~(7)~~)) It is the intent of the legislature that, to the extent possible, shelter services be developed under this chapter that do not result in the displacement of existing emergency shelter beds. To the extent that shelter operators do not object, it is the intent of the legislature that any vacant shelter beds contracted for under this chapter be made available to provide emergency temporary shelter to homeless individuals.

The legislature further finds that this chapter is a successful method of providing treatment to indigent alcoholics and drug addicts, but the program is facing fiscal restraints that may prevent the program from accomplishing its mission and may do irreparable harm to the continuation of the program.

Therefore, it is the intent of the legislature that the department of social and health services provide to eligible persons a balanced range of services for assessment, inpatient and outpatient continuum of treatment, and shelter within appropriated funds.

Sec. 2. Section 3, chapter 406, Laws of 1987 and RCW 74.50.020 are each amended to read as follows:

(1) Persons who are incapacitated from gainful employment due to alcoholism or drug addiction and who meet the eligibility requirements as established by rule by the department ((~~are eligible for~~)) may be eligible to receive special substance abuse programs as provided under this chapter. ((~~Eligible alcoholics and drug addicts shall have their needs addressed by the programs offered by the department of social and health services under this chapter and~~)) The department in its rules shall:

(a) Establish eligibility requirements for each program or service which requirements are designed to ensure that subsection (2) of this section is conformed to and that only persons who are incapacitated from gainful employment due to alcoholism or drug addiction qualify for assistance under this chapter.

(b) Establish income and resource limits for eligibility which shall be at least as stringent as the income and resource limits under RCW 74.04.005.

(c) Specify the amount of cash that can be disbursed by a protective payee to recipients of shelter assistance or outpatient treatment under this chapter.

(2) Within available funds, the department may provide to eligible persons services for assessment, inpatient and outpatient treatment, and shelter. In order to control expenditures or to comply with conditions or limitations placed on appropriations, the department may establish caseload ceilings and client eligibility standards for any of these services as well as priority classes for service under RCW 74.50.050(2).

(3) Nothing in this chapter shall prevent any person from receiving assistance under chapters 69.54 and 70.96A RCW.

Sec. 3. Section 5, chapter 406, Laws of 1987 and RCW 74.50.040 are each amended to read as follows:

(1) Subject to RCW 74.50.020(2), the department shall provide client assessment, treatment, and support services. The assessment services shall include diagnostic evaluation and arranging for admission into treatment or supported living programs.

(2) The department shall assist clients in making application for supplemental security benefits and in obtaining the necessary documentation required by the federal social security administration for such benefits.

(3) If, as a result of appropriation limitations under RCW 74.50.020(2), a person is not receiving treatment or shelter assistance under this chapter, and might be incapacitated from gainful employment due to physical or mental conditions:

(a) An assessment center shall refer that person to the general assistance unemployable program; and

(b) The department shall evaluate that person's eligibility for the general assistance unemployable program.

Sec. 4. Section 6, chapter 406, Laws of 1987 as amended by section 3, chapter 163, Laws of 1988 and RCW 74.50.050 are each amended to read as follows:

(1) Subject to RCW 74.50.020(2), the department shall provide alcohol and drug treatment services for indigent persons eligible under this chapter who are incapacitated from gainful employment due to drug or alcohol abuse or addiction. The treatment services may include but are not limited to:

(a) Intensive inpatient treatment services;

(b) Recovery house treatment;

(c) Outpatient treatment and counseling, including assistance in obtaining employment, and including a living allowance while undergoing outpatient treatment. The living allowance may not be used to provide shelter to clients in a dormitory setting that does not require sobriety as a condition of residence. The living allowance shall be administered on the clients' behalf by the outpatient treatment facility or other social service agency designated by the department. The department is authorized to pay the facility a fee for administering this allowance.

(2) ((Every effort will be made to serve all of those requesting treatment. If a waiting list develops, those persons awaiting treatment may be provided shelter services and shall have the option of receiving such shelter services through a protective payee. The department shall promulgate regulations which determine the amount of cash which may be disbursed by the protective payee to the recipient. A recipient who fails to appear for the scheduled treatment shall not be eligible for such waiting period benefits for a period of one year)) In order to comply with RCW 74.50.020(2), the department shall adopt rules providing for the classification of eligible applicants for treatment into priority classes. In establishing priority classes, the department shall consider the following:

(a) The need for treatment in conjunction with maternity care services for alcohol and drug abusing pregnant women to assure healthy births;

(b) The potential impact on families and children if treatment is unavailable for alcohol or drug abusing parents or household members; and

(c) The availability of treatment alternatives for persons eligible for treatment under this chapter who may also be eligible for drug and alcohol treatment services under other programs.

The department shall strive to serve all of those requesting treatment. If a waiting list develops, the department may limit treatment under this chapter to those in the highest priority class or classes. Persons awaiting treatment shall be referred to the shelter assistance program under RCW 74.50.060.

Treatment programs under this chapter for special populations such as pregnant women and single parents with children shall be designed to coordinate with programs providing maternity care services and child care, or to incorporate such services as necessary.

(3) No individual may receive treatment services under this section for more than six months in any two-year period: PROVIDED, That the department may approve additional treatment and/or living allowance as an exception.

(4) The department may require an applicant or recipient selecting treatment to complete inpatient and recovery house treatment when, in the judgment of a designated assessment center, such treatment is necessary prior to providing the outpatient program.

(5) The department may provide for outpatient treatment services without a shelter allowance to persons receiving income assistance through the family independence program, the aid to families with dependent children program, supplemental security income, or the general assistance program.

(6) The department shall adopt standards for performance-based contracting of treatment services under this section.

Sec. 5. Section 7, chapter 406, Laws of 1987 as amended by section 4, chapter 163, Laws of 1988 and RCW 74.50.060 are each amended to read as follows:

(1) Subject to RCW 74.50.020(2), the department shall establish a shelter assistance program ((~~to ensure the availability of shelter~~)) for persons eligible under this chapter. "Shelter," "shelter support," or "shelter assistance" means a facility under contract to the department providing room and board in a supervised living arrangement, normally in a group or dormitory setting, to eligible recipients under this chapter. This may include supervised domiciliary facilities operated under the auspices of public or private agencies. No facility under contract to the department shall allow the consumption of alcoholic beverages on the premises. The department may contract with counties and cities for such shelter services. To the extent possible, the department shall not displace existing emergency shelter beds for use as shelter under this chapter. In areas of the state in which it is not feasible to develop shelters, due to low numbers of people needing shelter services, or in which sufficient numbers of shelter beds are not available, the department may provide shelter through protective payees. Eligible recipients may receive shelter assistance through either contracted facilities or an intensive protective payee system. The intensive protective payee system shall include a case-management function and shall be administered in such a manner as to prevent the diversion of assistance for purchasing of alcohol or drugs.

(2) Subject to RCW 74.50.020(2), persons continuously eligible for the general assistance‑-unemployable program since July 25, 1987, who transfer to the program established by this chapter, have the option to continue their present living situation, but only through ((a)) an intensive protective payee.

NEW SECTION. Sec. 6. A new section is added to chapter 74.50 RCW to read as follows:

The department shall adopt a record keeping and tracking system which, at a minimum, is designed to identify individuals not qualified to receive additional treatment under RCW 74.50.050 and to permit management control and program evaluation. Contract providers shall submit such information to the department as is required by the department for the purpose of establishing and maintaining the system.

NEW SECTION. Sec. 7. A new section is added to chapter 74.98 RCW to read as follows:

Nothing in this chapter applies to any provision of chapter 74.50 RCW.

Sec. 8. Section 19, chapter 6, Laws of 1981 1st ex. sess. as last amended by section 12, chapter 406, Laws of 1987 and RCW 74.09.035 are each amended to read as follows:

(1) To the extent of available funds, medical care services may be provided to recipients of general assistance, and ((~~recipients of alcohol and drug addiction services provided under chapter 74.50 RCW, in accordance with medical eligibility requirements established by the department~~)) to other persons who are incapacitated from gainful employment due to alcoholism or drug addiction and who meet the income and resource eligibility requirements applicable to recipients of general assistance.

(2) Determination of the amount, scope, and duration of medical care services shall be limited to coverage as defined by the department, except that adult dental, and routine foot care shall not be included unless there is a specific appropriation for these services.

(3) The department shall establish standards of assistance and resource and income exemptions, which may include deductibles and co-insurance provisions. In addition, the department may include a prohibition against the voluntary assignment of property or cash for the purpose of qualifying for assistance.

(4) Residents of skilled nursing homes, intermediate care facilities, and intermediate care facilities for the mentally retarded who are eligible for medical care services shall be provided medical services to the same extent as provided to those persons eligible under the medical assistance program.

(5) Payments made by the department under this program shall be the limit of expenditures for medical care services solely from state funds.

(6) Eligibility for medical care services shall commence with the date of certification for general assistance or the date ((~~of eligibility for alcohol and drug addiction services provided under chapter 74.50 RCW~~)) on which the department certifies that a person is incapacitated from gainful employment due to alcoholism or drug addiction and meets the income and resource eligibility requirements applicable to recipients of general assistance.

NEW SECTION. Sec. 9. A new section is added to chapter 289, Laws of 1988 to read as follows:

!tp1FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ALCOHOL AND DRUG ADDICTION TREATMENT AND SUPPORT ACT‑-SHELTER PROGRAM

@i2General Fund Appropriation‑-State!w×!tr$!sc ,16

!ae0!tr ..........

The amount appropriated by this section represents the total spending authority for the shelter program for the biennium ending June 30, 1991.

The appropriation in this section is subject to the following conditions and limitations:

A maximum of .......... dollars of the general fund--state appropriation may be spent for shelter assistance and protective payee costs to provide shelter assistance to an average monthly caseload not exceeding .......... clients.

NEW SECTION. Sec. 10. A new section is added to chapter 289, Laws of 1988 to read as follows:

!tp1FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ALCOHOL AND DRUG ADDICTION TREATMENT AND SUPPORT ACT‑-TREATMENT PROGRAM

The amounts appropriated by this section represent the total spending authority for the treatment program for the biennium ending June 30, 1991.

@i2General Fund Appropriation‑-State!w×!tr$!sc ,16

!ae0!tr ..........

General Fund Appropriation‑-Federal!w×!tr$!sc ,16

!ae0!tr ..........

!sc ,10Total Appropriation!w×!tr$!sc ,16

!ae0!tr ..........

The appropriations in this section are subject to the following conditions and limitations:

(1) A maximum of .......... dollars of the total appropriation may be spent for outpatient treatment and living allowances for the period of July 1, 1989, through June 30, 1991, to serve an average monthly caseload not exceeding .......... clients.

(2) A maximum of .......... dollars of the total appropriation may be spent for inpatient treatment for an average monthly caseload not exceeding .......... clients for the period of July 1, 1989, through June 30, 1991.

NEW SECTION. Sec. 11. A new section is added to chapter 289, Laws of 1988 to read as follows:

!tp1FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ALCOHOL AND DRUG ADDICTION TREATMENT AND SUPPORT ACT‑-ASSESSMENT SERVICES PROGRAM

The amounts appropriated by this section represent the total spending authority for the assessment service program for the biennium ending June 30, 1991.

@i2General Fund Appropriation‑-State!w×!tr$!sc ,16

!ae0!tr ..........

NEW SECTION. Sec. 12. Section 4, chapter 406, Laws of 1987 as amended by section 2, chapter 163, Laws of 1988 and RCW 74.50.030 are each repealed.

NEW SECTION. Sec. 13. A new section is added to chapter 74.50 RCW to read as follows:

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. 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 shall take effect July 1, 1989.