BILL REQ. #:  S-4454.1 

Read first time 01/21/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to allowing clients receiving supported living services to have control over employment of independent supported living providers; adding a new section to chapter 71A.10 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   In an effort to increase the personal and social independence and fulfillment of persons with developmental disabilities, consistent with state policy as expressed in RCW 71A.10.015, the legislature finds that persons who are eligible to receive supported living services should be allowed to hire and fire their own independent supported living providers.

NEW SECTION.  Sec. 2   A new section is added to chapter 71A.10 RCW to read as follows:
     (1) The department of social and health services shall work with the advisory council, as described in subsection (2) of this section, to develop and establish a self-directed option within the existing supported living program that:
     (a) Allows clients receiving supported living services to hire, fire, and direct the work of their independent supported living providers;
     (b) Provides clients receiving supported living services with adequate support to be able to assist in self-direction of services, including recruiting, hiring, firing, and directing independent supported living providers;
     (c) Gives control over selection of independent supported living providers to clients receiving supported living services and to their circles of support, as defined in this section;
     (d) Provides that independent supported living providers in this program would be considered independent contractors and could collectively bargain with the state over wages and benefits and that the independent supported living providers would be paid directly by the state;
     (e) Provides that any increase in an independent supported living provider's wages and benefits won through collective bargaining will not reduce a client's allocated hours of support as determined under the program; and
     (f) Provides that the department of social and health services will provide services to fifty clients who choose to participate in the self-directed option of the supported living program under medicaid waivers. Of these fifty clients, twenty-five clients will be served under the core waiver, and twenty-five clients will be served under the basic plus waiver. If the department is unable to provide services for these fifty clients under the existing waivers, the department must complete a waiver amendment application to increase the total number of clients served by the waivers to accommodate these additional fifty clients.
     (2) In its development of the self-directed option within the supported living program as described in subsection (1) of this section, the department of social and health services shall establish and collaborate with an advisory council which shall include the following:
     (a) A representative of the Washington developmental disabilities council to be designated by the director of the organization;
     (b) A representative of the arc of Washington state to be designated by the director of the organization;
     (c) A client receiving supported living services to be named by the department of social and health services;
     (d) A family member of a client receiving supported living services to be named by the department of social and health services;
     (e) A representative of a labor or employee organization which represents at least twenty thousand home and community-based long-term care workers, the representative to be designated by the principal officer of the labor or employee organization; and
     (f) A representative of the department of social and health services aging and adult services administration to be designated by the assistant secretary of the department of social and health services.
     (3) For purposes of this section:
     (a) "Independent supported living provider" means a person who provides residential services under the self-directed option of the supported living program.
     (b) "Circles of support" includes family members, friends, and other interested persons who control decisions regarding the selection of direct support workers to work with the client.
     (4) The department of social and health services shall establish the self-directed option described in subsection (2) of this section by July 1, 2009.