BILL REQ. #:  S-1710.1 

READ FIRST TIME 02/18/11.   

     AN ACT Relating to transition services for people with developmental disabilities; amending RCW 71A.20.080; adding new sections to chapter 71A.20 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) A developmental disability is a natural part of human life and the presence of a developmental disability does not diminish a person's rights or the opportunity to participate in the life of the local community;
     (2) Washington state has more institutional beds per citizen for clients with developmental disabilities than most other states; and
     (3) People who live in the institutions and their families are satisfied with the services they receive, and deserve to continue receiving services of equal quality when a person moves from an institution to a community setting.

NEW SECTION.  Sec. 2   The legislature intends that:
     (1) Out-of-the-family home residential services supporting individuals with developmental disabilities should be available in the most integrated setting appropriate to individual needs; and
     (2) A person with a developmental disability moving from an institution to a community setting has the services and support arrangements needed to meet the person's assessed health and welfare needs.

NEW SECTION.  Sec. 3   The department shall:
     (1) Within sixty days of admission to a residential habilitation center, ensure that each resident's individual habilitation plan includes a plan for discharge to the community;
     (2) Use a person-centered approach in developing the discharge plan, including consulting with the resident, guardian, family, and staff, to assess the resident's needs and identify services the resident requires to successfully transition to the community, including:
     (a) Offering to place, with the consent of the resident or his or her guardian, each resident of the residential habilitation center on the appropriate home and community-based waiver, as authorized under 42 U.S.C. Sec. 1396n, and provide continued access to the services that meet his or her assessed needs;
     (b) Preparing clients and their families for transition to the community, including visits to community living options and consulting with families with children who have previously completed such a transition;
     (c) Providing choice of community living options and providers, consistent with federal requirements;
     (d) Addressing services required to address the resident's assessed needs necessary for transition, including:
     (i) Medical services;
     (ii) Dental care;
     (iii) Behavioral and mental health supports;
     (iv) Employment or other day support; and
     (v) Transportation or other supports needed to assist family and friends in maintaining regular contact with the resident;
     (3) Assure that, prior to discharge from a residential habilitation center, clients continue to be eligible for services for which they have an assessed need;
     (4) Maximize federal funding for transitioning clients through the roads to community living grant;
     (5) Restrict the ability of a state-operated living alternative to reject clients;
     (6) Use any savings achieved through efficiencies to extend services to people with developmental disabilities currently receiving limited or no services; and
     (7) Provide quality assurance and follow-up, and report to the legislature, consistent with the provisions of RCW 71A.20.080 and section 5 of this act.

Sec. 4   RCW 71A.20.080 and 1989 c 175 s 143 are each amended to read as follows:
     (1) Whenever in the judgment of the secretary, the treatment and training of any resident of a residential habilitation center has progressed to the point that it is deemed advisable to return such resident to the community, the secretary may grant placement on such terms and conditions as the secretary may deem advisable after consultation in the manner provided in RCW 71A.10.070. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060. The notice must include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
     (2) A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.
     ((The department of social and health services shall periodically evaluate at reasonable intervals the adjustment of the resident to the specific placement to determine whether the resident should be continued in the placement or returned to the institution or given a different placement.)) (3) The department shall:
     (a) Employ the quality assurance for people moving process to monitor the adjustment of each resident who leaves a residential habilitation center; and
     (b) Consult with the developmental disabilities council, disability rights Washington, University of Washington center for human development and disability, providers, and families and advocates of persons with disabilities on its implementation of the quality assurance for people moving process.

NEW SECTION.  Sec. 5   Beginning November 1, 2012, and annually thereafter, the department shall submit information to the appropriate committees of the legislature, including:
     (1) Progress toward meeting the requirements of this act;
     (2) Client and guardian satisfaction with services;
     (3) Stability of placement and provider turnover;
     (4) Safety and health outcomes;
     (5) Types of services received by clients transitioned to the community; and
     (6) Continued accessibility of former residents to family.

NEW SECTION.  Sec. 6   Sections 3 and 5 of this act are each added to chapter 71A.20 RCW.

NEW SECTION.  Sec. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 9   Any savings achieved through the consolidation or closure of a residential habilitation center shall be deposited into the community residential investment account created in the state treasury. These savings shall be used to extend service to people with developmental disabilities currently receiving limited or no services or to enhance rates paid to community residential service businesses.

NEW SECTION.  Sec. 10   Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2011.