AN
ACT Relating to family caregiver long-term care information and support
services; amending RCW 74.41.020, 74.41.030, 74.41.050, and 74.41.070; and
creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. This
act shall be known and cited as the Fred Mills act.
Sec.
2. RCW
74.41.020 and 1987 c 409 s 1 are each amended to read as follows:
It
is the intent of the legislature to provide ((for both)) a
comprehensive program of long-term care information and support, including
in-home and out-of-home respite care services ((which are provided by a
range of service providers)), for family and other unpaid caregivers who
provide the daily services required when caring for adults with functional
disabilities. The ((respite care)) family caregiver long-term
care information and support services shall:
(1)
Provide information, relief, and support to family or other
unpaid caregivers of ((disabled)) adults with functional disabilities;
(2)
Encourage family and other nonpaid individuals to provide care for ((disabled))
adults with functional disabilities at home, and thus offer a viable
alternative to ((institutionalization)) placement in a long-term care
facility;
(3)
Ensure that respite care is made generally available on a sliding-fee basis to
eligible participants in the program according to priorities established by the
department;
(4)
Be provided in the least restrictive setting available consistent with the
individually assessed needs of the ((functionally disabled)) adults
with functional disabilities; ((and))
(5)
Include services appropriate to the needs of persons caring for individuals
with dementing illnesses; and
(6)
Provide unpaid family and other unpaid caregivers with services that enable
them to make informed decisions about current and future care plans, solve
day-to-day caregiving problems, learn essential caregiving skills, and locate
services that may strengthen their capacity to provide care.
Sec.
3. RCW
74.41.030 and 1987 c 409 s 2 are each amended to read as follows:
Unless
the context clearly indicates otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Family caregiver long-term care information and support services"
means providing long-term care information and support services to unpaid
family and other unpaid caregivers of adults with functional disabilities,
including but not limited to providing: (a) Information about available public
and private long-term care support services; (b) assistance in gaining access
to an array of appropriate long-term care family caregiver services; (c)
promotion and implementation of support groups; (d) caregiver training to
assist the nonpaid caregivers in making decisions and solving challenges
relating to their caregiving roles; (e) respite care services; and (f)
additional supportive long-term care services that may include but not be
limited to translating/interpreter services, specialized transportation,
coordination of health care services, help purchasing needed supplies, durable
goods, or equipment, and other forms of information and support necessary to
maintain the unpaid caregiving activity.
(2)
"Respite care services" means relief care for families or other
caregivers of ((disabled)) adults with functional disabilities,
eligibility for which shall be determined by the department by rule. The
services provide temporary care or supervision of ((disabled)) adults with
functional disabilities in substitution for the caregiver. The term
includes ((social)) adult day ((care)) services.
(((2)))
(3) "Eligible participant for family caregiver long-term care
information and support services" means an adult (((a))) who
needs substantially continuous care or supervision by reason of his or her
functional disability((, and (b) who is assessed as requiring institutionalization
in the absence of a caregiver assisted by home and community support services,
including respite care)) and may be at risk of placement into a
long-term care facility.
(4)
"Eligible participant for respite care services" means an adult who
needs substantially continuous care or supervision by reason of his or her
functional disability and is also assessed as requiring placement into a
long-term care facility in the absence of an unpaid family or other unpaid
caregiver.
(((3)))
(5) "Unpaid caregiver" means a spouse, relative, or
friend who has primary responsibility for the care of ((a functionally
disabled adult,)) an adult with a functional disability and who does
not receive financial compensation for the care((, and who is assessed as
being at risk of placing the eligible participant in a long-term care facility
if respite care is not available)). To be eligible for respite care and
for family caregiver support services, the caregiver is considered the client.
(((4)
"Institutionalization" means placement in a long-term care facility.
(5))) (6)
"((Social)) Adult day ((care)) services"
means nonmedical services to persons who live with their families, cannot be
left unsupervised, and are at risk of being placed in a twenty-four-hour care
facility if their families do not receive some relief from constant care.
(((6)))
(7) "Department" means the department of social and health
services.
Sec.
4. RCW
74.41.050 and 1989 c 427 s 8 are each amended to read as follows:
The department shall contract with area agencies on aging or other
appropriate agencies to conduct ((respite care projects)) family
caregiver long-term care information and support services to the extent of
available funding. The responsibilities of the agencies shall include but not
be limited to: (1) Administering a program of family caregiver long-term
care information and support services; and (2) negotiating rates of
payment, administering sliding-fee scales to enable eligible participants to
participate in paying for respite care, and arranging for respite care information,
training, and other support services. ((Rates of payment to respite
care service providers shall not exceed, and may be less than, rates paid by
the department to providers for the same level of service.)) In evaluating
the need for respite services, consideration shall be given to the mental and
physical ability of the caregiver to perform necessary caregiver functions.
Sec.
5. RCW
74.41.070 and 1998 c 245 s 151 are each amended to read as follows:
The area agencies on aging administering ((respite care
programs)) family caregiver long-term care information and support
services shall maintain data which indicates demand for ((respite care,
and which includes information on in-home and out-of-home day care and in-home
and out-of-home overnight care demand)) family caregiver long-term care
information and support services.
