AN ACT Relating to residential services for developmental disabilities clients; amending RCW 71A.12.030 and 71A.20.080; adding a new section to chapter 71A.18 RCW; creating a new section; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature intends to expand and support the choices for families of persons with developmental disabilities eligible for residential services. The legislature recognizes that community programs offer significant advantages for persons with developmental disabilities. Community programs provide greater opportunities for participation and presence of persons with developmental disabilities in community life, which contributes greatly to the quality of their lives. The legislature's goal is that the quality of residential care staff of community agencies be reasonably consistent with that of residential habilitation centers. The legislature expects that local communities will participate in the support of community agencies with financial and other support.

The legislature recognizes that some families are interested in having state operated community programs available. This is a major policy change, and the legislature intends that the department experiment carefully with this option to determine its relative benefits in terms of safety, cost, and quality of care and opportunities for participation in community life for persons with developmental disabilities. The legislature intends to continue to support the choice of the client's parent or guardian for care in a residential habilitation center.

The legislature finds that it is in the best interest of the state that the department maintain facilities to high standards and adequately staff those same facilities.

The department shall not operate state-run, community-based programs until existing facilities are brought into compliance with federal certification standards.

Sec. 2. Section 203, chapter 176, Laws of 1988 and RCW 71A.12.030 are each amended to read as follows:

The secretary is authorized to provide, or arrange with others to provide, all services and facilities that are necessary or appropriate to accomplish the purposes of this title, and, except as limited by section 4 of this act, to take all actions that are necessary or appropriate to accomplish the purposes of this title. The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, as are appropriate to carry out this title.

Sec. 3. Section 708, chapter 176, Laws of 1988 as amended by section 143, chapter 175, Laws of 1989 and RCW 71A.20.080 are each amended to read as follows:

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 location and terms of such placement shall be consistent with section 4 of this act. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060 and to all county authorities and developmental disability boards. 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.

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. 4. A new section is added to chapter 71A.18 RCW to read as follows:

(1) (a) After the effective date of this act, the department shall meet the following requirements when placing persons with developmental disabilities in community residential facilities or community residential support programs from residential habilitation centers:

(i) Placement shall not occur until the individual supports and services are in place.

(ii) The county authority, or regional department administration as appropriate, in cooperation with developmental disability boards shall collaborate with private service providers to develop and submit to the department proposals for placement of the client.

(iii) If more than one county authority, or regional department administration as appropriate, submits a proposal for placement of a client, first priority for placement shall be given to the county chosen by the client or the client's family or guardian.

(iv) The department shall accept a proposal from a county, or provider as appropriate, for providing service to a person being placed in community residential programs unless the department determines that the proposal does not adequately meet the individual needs of the person to be placed.

(v) If no county authority, or regional administration department as appropriate, submits a proposal for placement of a client, the department may place the client in a residential program that is staffed by employees of the department.

(vi) Cost of placement in state or locally operated programs at the community level shall not exceed the cost of care at a residential habilitation center.

(vii) Before a client is placed in a residential program, the program must be certified under this title.

(b) A total of no more than twelve clients with developmental disabilities may be served in residential programs, other than residential habilitation centers, staffed by employees of the department.

(c) Whenever possible, such community services shall be provided through contracts with private vendors. The department is authorized to directly provide such services to people with developmental disabilities only when private vendors are either unable or unwilling to provide such services, and after the following conditions have been met:

(i) The department has interviewed the client or the client's parent or guardian about placement in community residential programs, including mailing certified letters to the last known address of parents or guardians who were not initially contacted;

(ii) All private residential service providers have been contacted about providing services to the client; and

(iii) Every effort has been made to provide individual supports and services to the client.

(d) At the first interim hearing of the human services committee in the house of representatives and the children and family services committee of the senate, the department shall submit a report on exceptions made under this subsection, which shall include:

(i) The number of clients, parents, and guardians interviewed, and their responses;

(ii) The number of clients, parents, and guardians contacted, including those contacted by certified mail, and their responses;

(iii) The number of residential service providers contacted on behalf of each client and detailed results of the contact; and

(iv) Detailed descriptions of additional efforts made to provide services to the client and reasons the services were not provided.

(e) In an effort to allow the legislature to develop a long-term policy for community programs for persons with developmental disabilities, the legislative budget committee shall develop a plan and contract for an independent evaluation of this subsection (1), within funds provided by the legislature for this purpose. The assessment shall be completed with a final report to the legislature by December 1, 1991. The report shall document the department's compliance with this section and compare the cost and quality of state-operated and community-operated placements developed under this section. The report shall make recommendations to the legislature on expansion of community programs and the role of the residential habilitation center in the range of programs available to persons with developmental disabilities. The impact of auditing procedures, funding sources, and limitations on capital and operating budgets shall be included.

(2) (a) The department shall designate six regional parent choice districts encompassing the state. In doing so, the department shall use the boundaries of the regional structures in place for the community services administration on January 1, 1988.

(b) The department shall request that a lead county within each region, which shall be the county with the largest population, prepare and annually update, through a cooperative effort of the local developmental disabilities boards and the regional department administration within the region, a directory of all services available within the region for persons with developmental disabilities. The department shall mail directories annually to the parent or guardian of every person with developmental disabilities in an institution whose parent or guardian resides in the region.

NEW SECTION. Sec. 5. Effective April 1, 1990, the sum of five million four hundred ninety thousand three hundred dollars is appropriated from the general fund‑-state appropriation and three million six hundred sixty thousand two hundred dollars from the general fund‑-federal appropriation, or as much thereof as may be necessary, to the department of social and health services for the biennium ending June 30, 1991, to provide an average twenty-three percent vendor rate increase for community residential service providers providing services to persons with developmental disabilities.

NEW SECTION. Sec. 6. 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 immediately.