BP BHEAD INT S [atlas:bill]

AN ACT Relating to improving the quality of services for persons with developmental disabilities; adding a new section to chapter 71A.12 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that individuals with developmental disabilities who rely upon public funding receive quality services and supports. Quality services and supports promote independence and self-sufficiency, as well as healthy and safe environments. The legislature intends that people with developmental disabilities be free of abuse, neglect, and exploitation, and that the state take all measures possible to certify and train providers of supports and services in order to accomplish that goal.

NEW SECTION. Sec. 2. A new section is added to chapter 71A.12 RCW to read as follows:

(1) By June 30, 2003, the department of social and health services, division of developmental disabilities shall independently certify each contracted provider, including independent providers, of supports and services and shall annually certify each contracted provider thereafter.

(a) Agencies providing residential supports shall be certified according to the residential services guidelines as updated and published by the division of developmental disabilities.

(b) Agencies providing employment and day programs shall be certified according to the county guidelines as updated and published by the division of developmental disabilities.

(c) Independent providers and individuals contracted to provide direct care shall be certified according to guidelines established by the division of developmental disabilities by December 29, 2000.

(2) The division of developmental disabilities shall take enforcement action on those failing to meet certification, as determined by rule.

(3) Certification shall include the following training standards:

(a) All direct care workers shall be required to complete thirty-two hours of training within one year from the implementation of these training standards, unless a direct care worker has worked in the field for a minimum of seven years and the department waives this requirement. New direct care workers are required to complete thirty-two hours of training within six months of employment, with ten hours occurring before employment.

(b) Annually thereafter, each direct care provider shall be required to complete ten hours of approved continuing education and training.

(4) The division of developmental disabilities shall develop and approve initial training and continuing education and training programs with input from an advisory committee composed of self-advocates receiving services, family members, providers, a representative of the Arc of Washington, and a representative of the developmental disabilities council.

(5) The division of developmental disabilities shall use its existing training and technical assistance funds for the development and provision of the initial and continuing education and training. In addition, if financial impact is greater than existing training and technical assistance funds available, provider rates may be adjusted by the department to include the costs of training and replacement staff time.

(6) The training standards shall take effect beginning December 31, 2000.

NEW SECTION. Sec. 3. The division of developmental disabilities shall review all of its contracted providers to determine consistency of certification and licensing across different settings and shall report to the appropriate committees of the legislature by December 1, 2000.

The review shall include recommendations to strengthen quality improvements, establish consistency, and increase enforcement authority.

The review shall include the participation of a representative of the developmental disabilities council, the Washington protection and advocacy system, the Arc of Washington, self-advocates and family members receiving services in different service settings, and providers.