BILL REQ. #:  S-1502.1 

READ FIRST TIME 02/06/07.   

     AN ACT Relating to creating the individual and family services program for people 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   (1) The legislature finds that:
     (a) A developmental disability is a natural part of human life, and the presence of a developmental disability in the life of a person does not diminish the person's rights or opportunity to participate fully in the life of the local community;
     (b) Investing in family members who have children and adults living in the family home preserves a valuable natural support system for the individual with a developmental disability and is also cost-effective for the state of Washington;
     (c) Providing support services to families can help maintain the well-being of the family and stabilize the family unit.
     (2) It is the intent of the legislature:
     (a) To partner with families as care providers for children with developmental disabilities and adults who choose to live in the family home;
     (b) That individual and family services be centered on the needs of the person with a developmental disability and the family;
     (c) That, to the maximum extent possible, individuals and families must be given choice of services and exercise control over the resources available to them.

NEW SECTION.  Sec. 2   A new section is added to chapter 71A.12 RCW to read as follows:
     (1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfer funding associated with these existing family support programs to the individual and family services program and shall operate the program within available funding. The services provided under the individual and family services program shall be funded by state funding without benefit of federal match.
     (2) The department shall adopt rules to implement this section. The rules shall provide:
     (a) That eligibility to receive services in the individual and family services program be determined and prioritized by an assessment of individual need and financial eligibility that is based upon the combined taxable income of the parents and individuals with developmental disabilities. Taxable income must be at or below three hundred percent of the federal poverty level based on the combined taxable income of parents and individuals with developmental disabilities adjusted for costs related to disabilities. The department shall develop standard expense categories for disability-related expenses such as home modifications, vehicle modifications, medical expenses, and behavioral therapies to use as qualifying deductions in determining income level;
     (b) That, based on a comprehensive assessment, the highest priority for family support funding shall be determined by the composite score of the following: (i) The amount of supervision an individual needs; (ii) the amount of caregiver stress; (iii) the availability of backup caregivers; (iv) the behavioral challenges of the individual; and (v) the unmet medical and activities of daily living needs of the person;
     (c) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year;
     (d) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature; and
     (e) That the following services be available under the program:
     (i) Respite care;
     (ii) Therapies;
     (iii) Architectural and vehicular modifications;
     (iv) Equipment and supplies;
     (v) Specialized nutrition and clothing;
     (vi) Excess medical costs not covered by another source;
     (vii) Copays for medical and therapeutic services;
     (viii) Transportation;
     (ix) Training;
     (x) Counseling;
     (xi) Behavior management;
     (xii) Parent/sibling education;
     (xiii) Recreational opportunities; and
     (xiv) Community services grants.
     (3) Funding, in addition to funding for the service priority levels, shall be provided for one-time exceptional needs and emergency needs for eligible individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis.

NEW SECTION.  Sec. 3   This act may be known and cited as the Lance Morehouse, Jr. memorial individual and family services act.