HOUSE BILL REPORT

HB 1565

BYRepresentatives Brekke, Winsley, H. Sommers, Silver, Moyer, Braddock, Sutherland, Hine, May, D. Sommers and Butterfield;by request of Department of Social and Health Services

Revising provisions on alcoholism and drug addiction treatment.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:Jean Wessman (786-7132)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  (18)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brekke, Brough, Butterfield, Fuhrman, Grant, Grimm, Hine, Holland, Nealey, Peery, Sayan, Silver, H. Sommers, Spanel and Sprenkle.

House Staff:      Sandi Gray (786-7136)

AS REPORTED BY THE COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

FEBRUARY 5, 1988

BACKGROUND:

In 1987, the Legislature enacted the Alcoholism and Drug Addiction Treatment and Support Act.  The purpose of this act was to remove those disabled due to alcoholism and/or drug addiction from the General Assistance Unemployable (GA-U) program and establish a new program providing treatment and shelter which would more appropriately meet their special needs. In addition, it was anticipated that the rapidly increasing caseload of this population would be reduced if no cash allowance was given directly to the client.  The new program was implemented in July 1987 and thus far appears to be meeting its goals.  However, in October and November 1987, court injunctions were placed upon the Department of Social and Health Services precluding the utilization of dormitory type settings as shelter for those not participating in the treatment portion of the program. These clients are to be allowed to choose their own type of shelter.

The court was also concerned with the treatment portion of the program, and enjoined the Department from requiring inpatient treatment as a precursor to outpatient treatment in all cases.

The Department is proposing legislation that will define shelter, clarify the treatment components and amend other provisions of the Act, and respond to the court.

SUMMARY:

SUBSTITUTE BILL:  The definition of shelter as an essential service is deleted as a goal of the Alcoholism and Drug Addiction Treatment and Support Act (ADATSA).  The already existing limitation on the program, of within available funds, is moved from specific sections to the section establishing the program. The utilization of General Assistance Unemployable (GA-U) eligibility standards is amended to exclude the medical criteria standards and the medical improvement standard from the ADATSA program and to allow ADATSA treatment for other federally eligible recipients of GA-U.

The living allowance permitted those in outpatient treatment shall exclude shelter provided in dormitory settings that do not require sobriety as a condition of residence. Those pending treatment are allowed the option of protective payee.  The Department shall determine the amount of cash to be issued to these clients.  This option shall not be available for those who fail to appear for treatment for one year.  The assessment center may require patients in the treatment portion of the program to complete inpatient and recovery house treatment prior to outpatient treatment.

Shelter is defined as a facility under contract to the Department which provides room and board in supervised living arrangement, normally in a group or dormitory setting.  Allowance is made for facilities operated by public or private agencies.  No such shelter may allow the consumption of alcohol on the premises.  Where group or dormitory settings are unavailable or unfeasible to develop, allowance is made for shelter to be provided through protective payees.

General Assistance-Unemployable recipients who have been continuously eligible for GA-U since July 25, 1987 and transfer to the ADATSA program are eligible for the protective payee option.

A pilot project to test the effectiveness of the protective payee option at preventing the diversion of assistance for the purchase of drugs or alcohol is established.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Shelter as an essential service is deleted as a finding of the Legislature. Other federal aid recipients of GA-U are eligible for ADATSA treatment services. The expanded definition of assessment services is deleted. The clarification on how the living allowance for outpatient clients may be used is reworded to exclude dormitory shelters that allow drinking on the premises.  Those pending treatment may receive benefits through a protective payee with a penalty for failing to appear for scheduled treatment. Department-contracted facilities must not allow drinking on the premises.  General Assistance-Unemployable recipients who transfer to ADATSA may opt for a protective payee. A pilot project to evaluate the protective payee option is established.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  1)  Legislative intent is established that existing emergency shelter beds should not, to the extent possible, be converted to serve ADATSA clients.  2)  Persons receiving benefits while awaiting treatment may receive those benefits through a protective payee.  3)  Reports are required on the pilot project and on the overall program.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (Human Services)  Gerald Reilly and Milo Kurle, Department of Social and Health Services; Linda Grant, Director, Association of Alcoholism and Addiction Programs; and Philip Showstead, King County.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testified Against:      (Human Services)  Sylvia McGee, Washington State Coalition for the Homeless; Barbara Baker, Puget Sound Legal Aid; Joan Walters and Mike Doubleday, City of Seattle; and Deborah Perluss, Evergreen Legal Service.

(Ways & Means/Appropriations)  Sylvia McGee, Washington State Coalition for the Homeless.

House Committee - Testimony For:    (Human Services)  This bill is necessary to counteract a lawsuit filed by Evergreen Legal Services which would allow an open-ended shelter program.  Such a program could cost an additional $10 million and also cause the loss of the balance of treatment monies. It would serve as a magnet bringing large numbers of potential clients to the state.  It would subvert the basic intention of the Legislature to create a program that would not allow the diversion of assistance to the purchase of drugs and alcohol. It would reduce the incentive for treatment. A protective payee option should only be available for a few groups of clients such as outpatients, those awaiting treatment and those currently on GA-U who transfer to ADATSA.  To test whether the protective payee option is effective in serving the eligible population, it is necessary to establish a pilot project.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony Against:      (Human Services)  Shelter is just as integral a portion of the ADATSA program as treatment.  It was the intention of the Legislature to encourage the prevention of homelessness through this program.  People should not be forced into dormitory-type shelters against their will especially if they are currently living in a stable environment.  Persons on protective payee are a difficult and demanding population to work with.  As little cash as possible should be given to this population which means that any protective payee must utilize intensive case management, have specific guidelines as to the amount of cash that is allowed to be handed out, and have a realistic caseload.  This kind of system could be very expensive.  The fiscal projections of the cost of having an open shelter policy are a worst-case scenario and are being used to scare the Legislature into taking a rigid and inhumane approach.

(Ways & Means/Appropriations)  Care should be taken that the program does not cause greater homelessness or convert emergency shelter beds for use by ADATSA clients.