BILL REQ. #: H-4141.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/21/2004. Referred to Committee on Health Care.
AN ACT Relating to measuring the performance of the HIV/AIDS service delivery system; amending RCW 70.24.400; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that Washington state
has a long-standing commitment to reducing the rate of HIV infection in
the state and to assisting individuals who are HIV positive. The
legislature further finds that it is appropriate to develop measures
that will allow an assessment of the performance of the HIV/AIDS
service delivery system to ensure that public funds spent for this
purpose are being used most effectively to respond to this important
public health issue.
Sec. 2 RCW 70.24.400 and 1998 c 245 s 126 are each amended to
read as follows:
The department shall establish a statewide system of regional
acquired immunodeficiency syndrome (AIDS) service networks as follows:
(1) The secretary of health shall direct that all state or federal
funds, excluding those from federal Title XIX for services or other
activities authorized in this chapter, shall be allocated to the office
on AIDS established in RCW 70.24.250. The secretary shall further
direct that all funds for services and activities specified in
subsection (3) of this section shall be provided to lead counties
through contractual agreements based on plans developed as provided in
subsection (2) of this section, unless direction of such funds is
explicitly prohibited by federal law, federal regulation, or federal
policy. The department shall deny funding allocations to lead counties
only if the denial is based upon documented incidents of nonfeasance,
misfeasance, or malfeasance. However, the department shall give
written notice and thirty days for corrective action in incidents of
misfeasance or nonfeasance before funding may be denied. The
department shall designate six AIDS service network regions
encompassing the state. In doing so, the department shall use the
boundaries of the regional structures in place for the community
services administration on January 1, 1988.
(2) The department shall request that a lead county within each
region, which shall be the county with the largest population, prepare,
through a cooperative effort of local health departments within the
region, a regional organizational and service plan, which meets the
requirements set forth in subsection (3) of this section. Efforts
should be made to use existing plans, where appropriate. The plan
should place emphasis on contracting with existing hospitals, major
voluntary organizations, or health care organizations within a region
that have in the past provided quality services similar to those
mentioned in subsection (3) of this section and that have demonstrated
an interest in providing any of the components listed in subsection (3)
of this section. If any of the counties within a region do not
participate, it shall be the lead county's responsibility to develop
the part of the plan for the nonparticipating county or counties. If
all of the counties within a region do not participate, the department
shall assume the responsibility.
(3) The regional AIDS service network plan shall include the
following components:
(a) A designated single administrative or coordinating agency;
(b) A complement of services to include:
(i) Voluntary and anonymous counseling and testing;
(ii) Mandatory testing and/or counseling services for certain
individuals, as required by law;
(iii) Notification of sexual partners of infected persons, as
required by law;
(iv) Education for the general public, health professionals, and
high-risk groups;
(v) Intervention strategies to reduce the incidence of HIV
infection among high-risk groups, possibly including needle
sterilization and methadone maintenance;
(vi) Related community outreach services for runaway youth;
(vii) Case management;
(viii) Strategies for the development of volunteer networks;
(ix) Strategies for the coordination of related agencies within the
network; and
(x) Other necessary information, including needs particular to the
region;
(c) A service delivery model that includes:
(i) Case management services; and
(ii) A community-based continuum-of-care model encompassing both
medical, mental health, and social services with the goal of
maintaining persons with AIDS in a home-like setting, to the extent
possible, in the least-expensive manner; and
(d) Budget, caseload, and staffing projections.
(4) Efforts shall be made by both the counties and the department
to use existing service delivery systems, where possible, in developing
the networks.
(5) The University of Washington health science program, in
cooperation with the office on AIDS may, within available resources,
establish a center for AIDS education, which shall be linked to the
networks. The center for AIDS education is not intended to engage in
state-funded research related to HIV infection, AIDS, or HIV-related
conditions. Its duties shall include providing the office on AIDS with
the appropriate educational materials necessary to carry out that
office's duties.
(6) The department shall ((implement this section, consistent with
available funds, by October 1, 1988, by establishing six regional AIDS
service networks whose combined jurisdictions shall include the entire
state.)):
(a) Until June 30, 1991, available funding for each regional AIDS
service network shall be allocated as follows:
(i) Seventy-five percent of the amount provided for regional AIDS
service networks shall be allocated per capita based on the number of
persons residing within each region, but in no case less than one
hundred fifty thousand dollars for each regional AIDS service network
per fiscal year. This amount shall be expended for testing,
counseling, education, case management, notification of sexual partners
of infected persons, planning, coordination, and other services
required by law, except for those enumerated in (a)(ii) of this
subsection.
(ii) Twenty-five percent of the amount provided for regional AIDS
service networks shall be allocated for intervention strategies
specifically addressing groups that are at a high risk of being
infected with the human immunodeficiency virus. The allocation shall
be made by the office on AIDS based on documented need as specified in
regional AIDS network plans.
(b) After June 30, 1991, the funding shall be allocated as provided
by law
(a) Use recommendations from the federal department of health and
human services to determine best practices for the HIV-related
activities included in subsection (3)(b) of this section;
(b) In collaboration with the regional AIDS service networks and
other interested organizations, establish performance indicators to
assess progress in conducting those HIV-related activities included in
subsection (3) of this section; and
(c) Report the chosen performance indicators to relevant committees
of the legislature by December 31, 2004. During calendar year 2005,
the department will collect baseline data. Beginning January 1, 2006,
the department shall submit an annual report on progress toward the
performance indicators to the legislature.
(7) The regional AIDS service networks shall be the official state
regional agencies for AIDS information education and coordination of
services. The state public health officer, as designated by the
secretary of health, shall make adequate efforts to publicize the
existence and functions of the networks.
(8) If the department is not able to establish a network by an
agreement solely with counties, it may contract with nonprofit agencies
for any or all of the designated network responsibilities.
(9) The department, in establishing the networks, shall study
mechanisms that could lead to reduced costs and/or increased access to
services. The methods shall include capitation.
(10) The department shall reflect in its departmental biennial
budget request the funds necessary to implement this section.
(11) The use of appropriate materials may be authorized by regional
AIDS service networks in the prevention or control of HIV infection.