BILL REQ. #:  H-2165.1 

Read first time 02/20/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the care of individuals with traumatic brain injury; adding a new section to chapter 74.39 RCW; adding a new section to chapter 72.23 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   Individuals who have been diagnosed with a traumatic brain injury face many unique challenges. Some individuals with traumatic brain injury have also been diagnosed with a mental disorder that requires active psychiatric treatment at an inpatient hospital level of care. Others who do not need active psychiatric inpatient care have been placed in state institutions for lack of an alternative care option. Such unnecessary placement diminishes the lives of these individuals and prevents their ability to control the direction of their lives.
     Since 2001 the department of social and health services has maintained an expanded community services program that has provided community residential mental health and other services for long-term state hospital residents who can be better cared for in the community. The legislature finds that many individuals who have been diagnosed with traumatic brain injury and do not have an accompanying mental disorder that requires active psychiatric treatment at an inpatient hospital level of care can be better cared for in these community settings.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.39 RCW to read as follows:
     (1) The current expanded community services program is established as a permanent program in the department of social and health services aging and disability services administration.
     (2) The department shall determine the appropriate individuals who may participate in the expanded community services program. To the extent of available funding, the individuals who shall be served by the program include those that have been diagnosed with traumatic brain injury and do not have an accompanying mental disorder that requires active psychiatric treatment at an inpatient hospital level of care.
     (3) The program shall provide enhanced community residential support services and personal care for people whose treatment needs constitute substantial barriers to community placement, and who no longer require active psychiatric treatment in an inpatient hospital setting.
     (4) For the purposes of this section, "expanded community services program" has the same meaning as in RCW 70.97.010.

NEW SECTION.  Sec. 3   A new section is added to chapter 72.23 RCW to read as follows:
     As of January 1, 2008, any admission of new patients who are individuals who have been diagnosed with traumatic brain injury and do not have an accompanying mental disorder that requires active psychiatric treatment at an inpatient hospital level of care to a state hospital shall be limited to a length of time necessary to stabilize the individual and place him or her in an appropriate community setting.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.