AN ACT Relating to demonstration project for persons with acquired traumatic brain injury; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds:

(1) There is a large population of persons who have suffered traumatic brain injuries resulting in significant functional impairment;

(2) The vast majority of these injuries have occurred as a direct result of motor vehicle accidents;

(3) There is a lack of awareness of the problems associated with head injury and a significant lack of services for persons with head injuries;

(4) There is no program coordination among agencies to facilitate providing a range of services appropriate for persons with traumatic head injuries;

(5) The division of vocational rehabilitation is authorized to provide supported employment to persons with disabilities under the federal department of education, office of special education and rehabilitation services, 34 CFR Part 363, the state supported employment services program. The program authorizes funds for supported employment for disabled persons for whom competitive employment has not traditionally occurred due to the need for ongoing support;

(6) The state supported employment service program, 34 CFR Part 363, requires, as part of the individual plan, a description of the extended services needed, the identification of the state, federal, or private programs that will provide the continuing support, and a description of the basis for determining that continuing support is unavailable;

(7) There are no funds available to provide continuing support services to traumatic head injured persons, and therefore these persons are unable to receive supported employment under the federally funded programs;

(8) Because of the problems referred to in this section, the state is not adequately meeting the needs of persons with head injuries and enabling them to return to work and lead productive lives; and

(9) This act is necessary to develop and demonstrate an effective way for Washingtonians with acquired traumatic brain injury to meet the requirements of federal regulations to obtain supported employment services that will lead to competitive employment and productive lives.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 4 of this act.

(1) "Acquired traumatic brain injury" means an injury that is sustained after birth from an external force to the brain or any of its parts, resulting in psychological, neurological, or anatomical changes in brain functions.

(2) "Division" means the state division of vocational rehabilitation of the department of social and health services.

(3) "Follow-along services" means ongoing training, supervision, and support services.

(4) "Supported employment" means competitive work in an integrated work setting for individuals who, because of their handicaps, need ongoing support services to perform that work. Supported employment is limited to individuals with severe handicaps for whom competitive employment has not traditionally occurred, or individuals for whom competitive employment has been interrupted or intermittent as a result of a severe disability. The following characteristics distinguish supported employment from traditional vocational rehabilitation:

(a) Service recipients appear to lack the potential for unassisted competitive employment;

(b) Follow-along services are provided following training at a job site;

(c) The opportunity is designed to provide the same benefits that other persons receive from work, including adequate income level, quality of work life, security, and mobility in an integrated and competitive work setting; and

(d) The provision of support is flexible as necessary to enable the person to function effectively at the job site.

NEW SECTION. Sec. 3. The division shall establish demonstration projects for supported employment with follow-along services for adults eighteen years of age or older with acquired traumatic brain injury. The purpose of the projects is to demonstrate the effectiveness of a coordinated services approach with follow-along services that furthers the goal of assisting persons with acquired traumatic brain injury to attain productive, independent lives, including paid employment.

(1) The division shall award and administer a maximum of three, three-year demonstration projects. Priority shall be given to applicants that have proven experience in providing services to persons with acquired traumatic brain injuries or providing supported employment services to persons with special needs. At least one demonstration project shall be in Eastern Washington, and one in rural Washington. The division shall award project grants no later than six months after funds for this purpose have been appropriated. No application shall be considered by the division unless the applicant sets forth in the application the means by which data will be collected for evaluation. All projects shall be operational within two months of grant awards.

(2) The division shall develop an evaluation and data collection system prior to the initial operative date of the projects to assess the effectiveness of the supported employment and follow-along project.

(3) The division shall report to the legislature on the progress of the demonstration projects by November 30 of each year that the projects are operational.

NEW SECTION. Sec. 4. (1) The projects shall be able to identify the special care, needs, and behavioral problems of clients and the services needed to meet their needs and assist them in successfully continuing competitive employment.

(2) The project's successful applicants shall match not less than twenty percent of the amount granted. The required match may be cash or in-kind contributions, or a combination of both. In-kind contributions may include, but shall not be limited to, staff and volunteer services.

(3) The projects shall seek all third-party reimbursements for which clients are eligible. However, grantees may utilize grant dollars for the purchase of nonreimbursed services.

(4) The division shall submit a final evaluation report to the legislature within six months after the completion of the projects.

NEW SECTION. Sec. 5. This act shall expire July 1, 1993, unless extended by law.