Washington House Democrats

House OKs McCoy's bill enhancing protection for developmentally disabled

'Vulnerable citizens need assurance of appropriate services,' lawmaker asserts

Feb. 28, 2007

OLYMPIA – The House of Representatives today (Feb. 28) approved legislation sponsored by a Snohomish County lawmaker to strengthen protection for developmentally disabled citizens who receive residential services.

State Rep. John McCoy said his measure (House Bill 1246) affords the Department of Social and Health Services "more authority to enforce proper certification standards for providers.

"These standards are in place for all providers of residential services and support for folks who have developmental disabilities," said McCoy, D-Tulalip. "Vulnerable citizens need assurance of appropriate services.

"We passed a bill last year that provided the department authority to safeguard the rights of community-protection clients. But residential providers often have clients in multiple residential settings, not just community-protection settings. So we need this measure this year to protect all citizens in these types of settings."

The legislation gives the department power to take action against a certified provider that is out of compliance either with certification requirements, or with the certification process, or with the mandatory-reporting requirements in the state's vulnerable-adult law.

Noncompliant providers could find themselves faced with one of these actions:

* Decertification.

* Nonrenewal of certification.

* Conditions on certification status.

* Suspension of referrals.

* Imposition of a corrective-action plan.

Providers who either fail to implement the corrective-action plan or don't cooperate with subsequent department monitoring would face a penalty of as much as $100 for each violation.

The new standard would apply to all supported-living programs, according to the terms of McCoy's legislation.

Providers of residential-support services would be brought into line with all other licensed settings (e.g., boarding homes, adult-family homes, and nursing homes) in terms of the department's ability to impose intermediate sanctions.

The legislation now goes to the Senate for more consideration.

For broadcast-quality audio on this issue, or to arrange TV or radio interviews, contact Dan Frizzell, House Democratic Caucus broadcast coordinator, at frizzell.dan@leg.wa.gov or (360) 786-7208.

Contact Clint Robbins, House Democratic Caucus communications specialist, at robbins.clint@leg.wa.gov or (360) 786-7323.