S-4071

AN ACT Relating to extending service choices for people with developmental disabilities including those living in their own homes; amending RCW 71A.16.010 and 71A.16.030; adding new sections to chapter 71A.20 RCW; and repealing 1998 c 216 s 9 (uncodified).

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

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

The legislature finds that caring for individuals with developmental disabilities in their own homes dramatically reduces the cost to the state of their care. There are thirty-two thousand state clients with developmental disabilities currently receiving services in their own homes. The legislature recognizes that being a caregiver is a difficult job and to provide good care, caregivers themselves need occasional relief. Many caregivers face health and emotional problems, including ongoing depression, frustration, and isolation. It is documented that caregiver stress also affects the individual receiving care. Stressed caregivers are more likely to provide inadequate care and are more likely to eventually seek out-of-home alternatives for the family member.

The legislature finds that respite care provides temporary, short-term relief for people whose job otherwise never stops. Research has shown that caregivers who receive respite care are more likely to stay healthy themselves, and continue to provide at-home care for a loved one indefinitely.

NEW SECTION. Sec. 2. A new section is added to chapter 71A.20 RCW to read as follows:

Any vacancies that occur in residential habilitation centers shall remain available for respite care. Within available funding, the department shall offer respite care to any eligible individual with developmental disabilities, including children age thirteen and under, as these beds become available.

Sec. 3. RCW 71A.16.010 and 1998 c 216 s 3 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, and subject to subsection (3) of this section,~~)) If there is a vacancy in a residential habilitation center, the department shall offer admittance to the center to any eligible adult, or eligible adolescent on an exceptional case-by-case basis, with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the center.

(3) ((The department shall not offer a person admittance to a residential habilitation center under subsection (2) of this section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040.

~~(4)~~)) Community support services ((~~offered under subsection (3) of this section~~)) may only be offered using funds specifically designated for this purpose in the state operating budget. When these funds are exhausted, the department may not offer admittance to a residential habilitation center, or community support services under this section.

((~~(5)~~)) (4) Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities.

((~~(6) Subsections (2) through (6) of this section expire June 30, 2003.~~))

Sec. 4. RCW 71A.16.030 and 1998 c 216 s 4 are each amended to read as follows:

(1) The department will develop an outreach program to ensure that any eligible person with 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.

(3) ((~~Until June 30, 2003,~~)) The procedure set out under subsection (1) of this section must require that all applicants and all persons with developmental disabilities currently receiving services from the division of developmental disabilities within the department be given notice of the existence and availability of residential habilitation center and community 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. ((~~This subsection expires June 30, 2003.~~))

(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. 1998 c 216 s 9 (uncodified) is repealed.