2163-S.E AMS HHS S5568.2

2163-S.E AMS HHS S5568.2

ESHB 2163 - S COMM AMD

By Committee on Health & Human Services

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 71A.20 RCW to read as follows:

The legislature recognizes that state institutions for people with developmental disabilities are needed for special populations who require care, treatment, or supervision. The legislature intends that the residential habilitation centers shall develop into specialized resources to assure public safety, provide assessments and treatment plans for specialized disabling conditions, or provide specialized support that cannot be provided in a cost-effective manner through home or community-based services.

NEW SECTION. Sec. 2. The secretary shall remove rules, policies, procedures, or guidelines that have the effect of eliminating the ability of an eligible developmentally disabled person to be placed in a state-operated residential habilitation center, state-operated nursing home specializing in care for the developmentally disabled, or state-operated group home specializing in care for the developmentally disabled. As vacancies occur in those facilities, the secretary shall assess persons on its waiting lists of eligible developmentally disabled persons who need residential care, and accomplish their placement in those facilities as their needs may require.

The secretary shall establish an appropriate methodology, including use of a standardized assessment instrument, and assess each current resident of a residential habilitation center. The secretary shall analyze the data and report the score distributions and appropriate summary information. In addition, for each assessment the secretary, without prejudice to the placement of the person in a residential habilitation center, shall:

(1) Identify the client-specific barriers to a community placement, including:

(a) Parent or guardian opposition to a community placement;

(b) Significant risks to public safety if the resident moves to a community placement;

(d) Need for intensive medical services not available at reasonable cost in a community placement;

(e) Need for other supports or supervision not available at reasonable cost in a community placement; and

(f) Other client-specific barriers to a community placement.

(2) Analyze if the resident benefits from placement in a residential habilitation center rather than community placement.

The secretary shall report the information required under this section to the appropriate legislative committees by November 15, 1994.

NEW SECTION. Sec. 3. A new section is added to chapter 71A.20 RCW to read as follows:

By December 15, 1994, the secretary shall transmit to the appropriate legislative committees a plan regarding the future public and private service delivery system for people with developmental disabilities. The plan shall include:

(1) The examination of the future use of residential habilitation centers;

(2) Specific criteria for residence in a residential habilitation center consistent with the intent of chapter ‑-, Laws of 1994 (this act);

(3) An estimate of the number of people who meet the criteria for residence in a residential habilitation center;

(4) A plan outlining safe, cost-effective community care for the current residents who do not meet residential habilitation center placement criteria;

(5) Proposed uses for any excess residential habilitation center grounds and buildings by other governmental or private entities in ways that the proceeds will benefit people with developmental disabilities;

(6) Strategies to retrain and/or provide other public sector jobs in developmental disability community care or in other public service for any staff not needed in the residential habilitation centers. The strategies shall include but not be limited to options for development of cost-effective publicly operated community-based residential and other support services. The legislature recognizes the commitments that have been made to the state-operated living arrangements; and

(7) An examination of data concerning service delivery need by geographic area, public and private capacity to provide services, funding mechanisms and federal reimbursement formulas, and other factors affecting quality services for people with developmental disabilities.

NEW SECTION. Sec. 4. To assist in preparation of the plan required under section 3 of this act, the secretary shall convene a task force consisting of representatives from the organizations involving residential habilitation center residents or their families, the developmental disabilities planning council, and state employee unions. The task force shall advise and make recommendations to the secretary on the plan and related issues for people with developmental disabilities. To the extent possible, the task force shall examine existing studies and data concerning service delivery and need by geographic area, public and private capacity to deliver services, funding mechanisms, reimbursement formulas, state regulations, and other factors affecting costs and quality of services for people with developmental disabilities. This section shall expire on December 15, 1994.

NEW SECTION. Sec. 5. 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."

ESHB 2163 - S COMM AMD

By Committee on Health & Human Services

On page 1, line 1 of the title, after "centers;" strike the remainder of the title and insert "adding new sections to chapter 71A.20 RCW; creating new sections; and declaring an emergency."