S-4729

AN ACT Relating to stabilizing long-term care for persons with developmental disabilities living in the community and in residential habilitation centers; amending RCW 71A.10.020, 71A.16.010, and 71A.16.030; adding a new section to chapter 71A.10 RCW; adding new sections to chapter 71A.12 RCW; adding a new section to chapter 71A.20 RCW; providing expiration dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 71A.10 RCW to read as follows:

It is the intent of the legislature to affirm its longtime commitment to secure for eligible persons with developmental disabilities in partnership with their families, legal guardians, or conservators the opportunity to choose where they live. Consistent with this commitment, the legislature supports the existence of a complete spectrum of options, including in-home services, community support services, and residential habilitation centers.

The choice of service options must be supported by state policy, whether the choice is residential habilitation centers, community support services, or in-home programs. The intent of the legislature is to ensure choice of service options to persons with developmental disabilities allowing, to the maximum extent possible, that they not have to leave their home or community.

The legislature supports the respective roles that both residential habilitation centers, community programs, and in-home care play in providing options and resources for people with developmental disabilities and their families who need services. The legislature recognizes that services must ensure credibility, responsiveness, and reasonable quality, whether they are state, county, or community funded.

Sec. 2. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Community residential support services" or "community support services" means the services listed in RCW 71A.12.040.

(2) "Department" means the department of social and health services.

((~~(2)~~)) (3) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((~~determinate [determinant]~~)) determinant of these conditions, and notify the legislature of this action.

((~~(3)~~)) (4) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

((~~(4)~~)) (5) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

((~~(5)~~)) (6) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

((~~(6)~~)) (7) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

((~~(7)~~)) (8) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

((~~(8)~~)) (9) "Secretary" means the secretary of social and health services or the secretary's designee.

((~~(9)~~)) (10) "Service" or "services" means services provided by state or local government to carry out this title.

Sec. 3. RCW 71A.16.010 and 1988 c 176 s 401 are each amended to read as follows:

(1) It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities, whether they live in the community or residential habilitation centers, should have the opportunity to choose where they live.

(2) Until June 30, 2003, if there are vacancies in residential habilitation centers or capacity within community residential support services, eligible persons with a developmental disability will be offered the services of a residential habilitation center or community residential support services. The choice of service that a person with developmental disabilities or their parent makes shall follow an assessment performed by the department. The department shall offer admittance to a residential habilitation center to any eligible person with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the residential habilitation center. Persons with developmental disabilities whose immediate condition seriously endangers the health or safety of themselves, their family, or their caregiver, who are offered admission to a residential habilitation center, must be allowed to choose between the residential habilitation center and the use of services provided under section 10 of this act. Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities.

Sec. 4. RCW 71A.16.030 and 1988 c 176 s 403 are each amended to read as follows:

(1) The department will develop an outreach program to ensure that anyone who may need developmental disabilities services in homes, the community, and residential habilitation centers will be made aware of these services. This subsection (1) expires June 30, 2003.

(2) The secretary shall establish a single procedure for persons to apply for a determination of eligibility for services provided to persons with developmental disabilities.

((~~(2)~~)) (3) Until June 30, 2003, the procedure set out under subsection (1) of this section must require that all applicants be given notice of the existence and availability of residential habilitation center and community residential support services. For genuine choice to exist, people must know what the options are. Available options must be clearly explained, with services customized to fit the unique needs and circumstances of developmentally disabled clients and their families. Choice of providers and design of services and supports will be determined by the individual in conjunction with the department. When the person cannot make these choices, the person's legal guardian may make them, consistent with chapter 11.88 or 11.92 RCW.

(4) An application may be submitted by a person with a developmental disability, by the legal representative of a person with a developmental disability, or by any other person who is authorized by rule of the secretary to submit an application.

NEW SECTION. Sec. 5. A new section is added to chapter 71A.12 RCW to read as follows:

(1) The legislature recognizes that residential habilitation center and community residential support services should be available to each eligible person with developmental disabilities in our state within appropriated funds.

(2) The legislature recognizes that there have been substantially increasing demands for all of these services. Therefore, the legislature believes that any reductions in the capacity of these services could jeopardize a needed balance in the developmental disabilities system. The legislature intends to stabilize the capacity of community support services and residential habilitation center services. The capacity of the residential habilitation centers shall not be reduced below the number of persons budgeted to be served in residential habilitation centers in chapter 149, Laws of 1997, subject to budget direction from the governor or reductions needed to adhere to an agreement with the federal department of justice regarding Fircrest School. The capacity of community residential support services or community support services shall not be reduced below the capacity provided for by the appropriation specified in chapter 149, Laws of 1997, subject to budget direction from the governor. If the direction from the governor requires reductions in the division of developmental disabilities, the budgets of both the residential habilitation centers and community services shall be given equal consideration.

(3) If such capacity is not needed for current clients of the department, any vacancies that may occur in community residential support or residential habilitation center services shall be used to expand services to eligible persons with developmental disabilities not now receiving services. If a vacancy is created it will be made available to any eligible individual who is seeking and desires the services of a residential habilitation center. If residential habilitation center capacity is not needed for permanent residents, the department shall make any residential habilitation center vacancies available for respite care and any other services needed to care for this population in residential habilitation centers.

NEW SECTION. Sec. 6. A new section is added to chapter 71A.12 RCW to read as follows:

Any restrictions in staffing ratios that may be needed to implement section 5 of this act within available resources may not result in reductions to direct care staff.

NEW SECTION. Sec. 7. A new section is added to chapter 71A.20 RCW to read as follows:

As a means of implementing a choice-oriented system for people with developmental disabilities, staff of residential habilitation centers will continue to increase vocational and community access for current residents. Likewise, specialized residential habilitation services will be more easily accessed by community residents within available funds.

NEW SECTION. Sec. 8. A new section is added to chapter 71A.12 RCW to read as follows:

The department shall conduct an analysis whereby it identifies all persons with developmental disabilities who are eligible for services under Title 71A RCW, and whether they are served, unserved, or underserved. The department will gather data on the services and supports required by this population, their families or their guardians, and the cost of providing these services. This analysis will include assessing services such as those at residential habilitation centers, those community residential support services listed in RCW 71A.12.040, and including, but not limited to, supported employment, family support, posthigh school transition programs, crisis intervention services, supports for persons who have a developmental disability and also a mental illness, alternative uses for residential habilitation centers, community vocational services, respite care, specialized medical treatment, and appropriate placements for persons with developmental disabilities who are also offenders. The assessment shall be done with the participation of the developmental disabilities stakeholders work group. The assessment will commence no later than July 1, 1998.

The assessment data will not be used to determine or allocate services for individual people. It will be used by the department, with the participation of the developmental disabilities stakeholder work group, to develop a long-term strategic plan. The plan will include three phases, the first one beginning December 1, 1998; the second beginning December 1, 2000; and the third beginning December 1, 2002. For each phase the department will provide incremental data and assessment of programs, services, and funding for persons with developmental disabilities and their families. For each phase the plan must also include budget and statutory recommendations intended to secure for all persons with developmental disabilities the opportunity to choose where they live, and shall support the existence of a complete spectrum of options including in-home services, community support services, and residential habilitation centers that are consistent with those needs.

NEW SECTION. Sec. 9. A new section is added to chapter 71A.12 RCW to read as follows:

For the purposes of section 8 of this act, the developmental disabilities stakeholder work group is the division of developmental disabilities strategies for the future stakeholder work group established by the secretary in 1997 to develop recommendations on future directions and strategies for service delivery improvement, resulting in an agreement on the directions the department should follow in considering the respective roles of the residential habilitation centers and the community programs, including a focus on the resources for people in need of services.

NEW SECTION. Sec. 10. A new section is added to chapter 71A.12 RCW to read as follows:

The department shall offer community residential support services or community support services listed in RCW 71A.12.040 to eligible persons with developmental disabilities whose immediate condition seriously endangers the health or safety of themselves, their family, or their caregiver, if the department offers the person admittance to a residential habilitation center.

NEW SECTION. Sec. 11. Sections 1 and 5 through 10 of this act expire June 30, 2003.

NEW SECTION. Sec. 12. 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 takes effect immediately.