State Legislative Update

[F. Pennell]

Here is what is happening of interest to AT users in the state
legislature.  If you are aware of other issues that should be covered,
please do let me know!  You will note that today is the cutoff date for
getting several bills out of the House of Origin including a bill that
would make the state law against discrimination applicable to all
employers including those with fewer than eight employees....

6th STATUS REPORT
1999 LEGISLATIVE SESSION
WASHINGTON ASSISTIVE TECHNOLOGY ALLIANCE
March 16, 1999

The Legislature is in the tenth week of a session scheduled to last until
April 25th.   Three significant cut-off dates have passed.  All Bills had
to be out of Policy Committees by March 2 in the House and March 3 in the
Senate and out of Fiscal Committees (in the House of origin) by March 8.
A number of bills of interest did not make these cutoffs.  The next
significant cutoff date is March 17 - the date when all bills must be out
of the house of origin.  Bills subject to this cutoff are marked with an
asterisk(*).  To obtain copies of these bills, please contact the Bill
Room at (360) 786-7573 or visit the Legislature's website at
http://leginfo.leg.wa.gov.  To express an opinion on a bill, call the
legislative hotline at (V) 1-800-562-6000 or (TDD) 1-800-635-9993 or
simply send a letter or postcard addressed to the legislator
(Representative __ or Senator ___) in Olympia, WA  98504-0482.  You can
also send a message via email.  Email addresses and committee chairs and
memberships can be found at http://leginfo.leg.wa.gov.  You can also
contact the House and Senate Leadership - Co-Speakers of the House Clyde
Ballard (R) and Frank Chopp (D), and Senate Majority Leader Sid Snyder
(D), and Minority Leader Dan McDonald (R).   If you have questions about
any of these bills, we'll be happy to try to answer them.  Contact Frances
Pennell at the Assistive Technology Resource Center via email at
fpennell at u.washington.edu or via phone at (206) 685-4181 or (206)
616-1396(TTY).

Patient Rights

Many AT users encounter difficulties in accessing funding for equipment
and related services through private insurance.  In some cases, it takes
months (or even years) to appeal an insurance company denial.  Several
bills were introduced in the House and Senate with the goal of making it
easier for consumers to get fair and responsive treatment from health
insurers.  These bills apply to health carriers and HMO's regulated by the
state and not to those regulated by the Federal government (e.g., federal
employee health benefit plans and self-insured employers).   

Last week we erroneously reported that SB5587 had not been voted out of
committee.  As Mark Twain noted in similar circumstances, the report of
SB5587's death was GREATLY exaggerated.  In fact, the Bill just passed out
of the Senate and is now in the House Health Care Committee.  As amended,
HB5587 would require health carriers to:  (1) develop and implement
policies and procedures to restrict disclosure of sensitive information;
(2) provide, prior to purchase, detailed information regarding -- covered
benefits & exclusions, reductions, &  limitations to covered benefits; the
definition of medical necessity and other coverage criteria; cost of
premiums and cost-sharing requirements; grievance and appeal procedures;
and the names of participating providers and network arrangements that
restrict access to providers; (3) maintain comprehensive grievance
processes and (4) provide for review of denials by independent third party
organizations operated under rules to be established by the Office of the
Insurance Commissioner.  A second bill, *SSB5588, would make health
carriers subject to the laws and regulations defining unfair practices in
the insurance industry.  Such entities are currently exempt. is ready to
be taken up on the floor of the Senate.  *SSB5588 is ready for action of
the floor of the Senate.

Other Health Care Bills

SSB5416 (By Request of Governor Locke): Would authorize the Medical
Assistance Administration to design and implement a CHIP program under
Title XXI of the Social Security Act that would function as a Medicaid
lookalike (Medicaid benefits but no "entitlement" feature) for children
living in families with annual incomes between 200 and 250 percent of the
Federal Poverty Level (FPL).  Title XXI, created by Congress in 1997 with
the intent of expanding health care coverage for uninsured children,
authorizes states to develop new insurance programs for children up to age
19 with family incomes of less than 200 percent of the Federal Poverty
Level and/or 50 points higher than the state's Medicaid eligibility limit.
Two-thirds of the program's cost is borne by the Federal government.  The
funding cannot be used to administer or expand existing programs.  Because
Washington Medicaid already serves children up to 200 percent of the FPL,
it can only use CHIP dollars for children in families between 200 and 250
percent of FPL.  The current version of this bill also directs DSHS to
work with Washington's congressional delegation to amend Title XXI to
permit use of CHIP dollars to enroll an estimated 90,000 uninsured
children in families under 200 percent of FPL in Medicaid.  Proposed
legislation to establish a CHIP program in Washington died in Committee
last year -- making Washington one of only two states without such a
program.   This Bill has passed out of the Senate and is in the House
Health Care Committee!  

SB 5149/HB1113: Would expand the medical practitioners authorized to refer
a patient for occupational therapy to include osteopaths, podiatrists,
naturopaths, chiropractors, physicians assistants, clinical psychologists
and advanced registered nurse practitioners as well as physicians.  (Note
that the statutory definition of occupational therapy includes designing,
applying and fabricating orthotics and prosthetics and adaptive equipment
(RCW 18.59.020)).  SB 5149 has passed out of the Senate; House Bill 1113
has passed out of the House and will be heard by the Senate Health &
Long-term Care Committee on March 18, 1999 at 1:30 in Hearing Room 4.  
 
Education

HB1513/SSB5175 (by Request of the Department of General Administration and
OSPI): Would permit state agencies to donate surplus computers and
computer-related equipment to school districts and educational service
districts without first declaring those computers to be "surplus."  The
OSPI and Department of General Administration are directed to develop
guidelines and distribution standards.   Passed the House and is in Senate
State & Local Government Committee.  Substitute Senate Bill 5175 has
passed the Senate and will be heard by the House Education Committee on
March 18 at 1:30 P.M. in Hearing Room A.   There are some differences
between the two bills.  HB 1513 was amended on the floor of the House to
include a statement that, in distributing the surplus computers, priority
should be given to students with disabilities, including those
disabilities that require the portability of laptop computers, over
students without disabilities.  The bills also define "agency"
differently.  HB 1513 uses the definition found in RCW 42.52.010 to
include all legislative, executive and judicial entities including
elective offices and institutions of higher education.  SSB5175 applies to
agencies in the judicial and executive branches also including
institutions of higher education. 

(Another bill, SSB5160, would allow state agencies to donate their surplus
computers to food banks.  This bill has passed out of the Senate and is in
the House State Government Committee.)

HB 1240 (by request of the Office of the Superintendent of Public
Instruction): HB 1240 would increase the amount that Second Class
Districts are reimbursed for providing covered services (presumably
including some AT-related services) to Medicaid-eligible students from 20
percent of the federal share (about $10 out of every $100 spent) to 50
percent of federal share (about $25 out of every $100 spent).  Senate
Education Committee. 

SB 5626: Would change the formula for reimbursing local school districts
for Medicaid services to "one-half of the percent of potential Medicaid
reimbursable services billed by the school district as calculated by the
superintendent multiplied by the federal portion of Medicaid payments
after deduction for billing fees."  Passed out of the Senate and is in the
House Education Committee.

SB5547: As amended, would allow non-medical school district employees to
request, in writing, that they not be required to perform clean
intermittent bladder catheterizations unless the employee's job
description specifically  includes this duty at the time of hiring or
transfer.  This written letter of refusal may not serve as grounds for
employee dismissal or termination of employment; neither does it in any
way impact the district's duty to provide such catheterizations under
state and federal law.  Passed out of the Senate and is in the House
Education Committee. 

*SSB5593 (by Request of Governor Locke): Would establish a Professional
Education Standards Board which would be charged with setting educational
and training standards for K-12 educators and related service personnel -
potentially including standards AT and other special education service
providers (although the Bill does not explicitly mention such service
providers).  Ready for action on the floor of the Senate (and already
scheduled for hearing before the House Education Committee on March 18 at
1:30 p.m. in Hearing Room A).

Information Technology

SB5662 (by Request of the Secretary of State): Would create a committee to
study the efficacy of voting via the Internet.  The Secretary of State has
indicated that he intends to address issues of access by individuals with
disabilities.  On-line voting is one means by which individuals with
disabilities may be able to independently cast a secret ballot.  The
Washington Assistive Technology Alliance and the Washington Council of the
Blind also have been working with the Secretary of State's office to
develop and implement other "accessible" voting technologies.  Passed out
of the Senate.

SB 5194 (by request of the Department of Information Services): Would
require state agencies to develop information technology portfolios
documenting relationships between agency missions and their information
technology investments.  The portfolio would serve as a basis for all
agency technology investment decisions.  DIS would be given oversight
powers with respect to such portfolios and would be required to develop
technology standards.  The current version of the bill is silent as to the
need to address access barriers faced by individuals with disabilities in
using information technologies.  Passed out of the Senate  

SB5789:  Establishes a K-20 educational network board with the mandate of
ensuring that the K-20 educational telecommunications network is operated
in a way that serves the broad public interest.  The board would be
comprised of 11 voting and 7 non-voting members and would be charged with
establishing goals and objectives for the network and adopting policies
related to network development, modification and implementation including
policies addressing quality of service, access, security, future expansion
and a range of other issues. The current version of the bill is silent as
to the need to address access barriers faced by students with
disabilities.  Passed out of the Senate and in House Appropriations
Committee.  See also HB2234(provides for K-20 educational network board
with duty to govern and oversee K-20 network; also no mention of access
barriers faced by students with disabilities).  Passed out of the House
and in the Senate Higher Education Committee.

Miscellaneous                                                                                                                                

HB1261:  Would authorize the Department of Labor & Industries to pay for
modifications to vehicles owned by injured workers who have become
amputees or paralyzed due to an industrial injury.  The benefit would be
available to any "otherwise eligible worker" regardless of the date of
injury.   Passed out of the House and is in Senate Labor & Workforce
Development Committee.

*SB 5337:	Would extend protections against employment discrimination
to all employees regardless of number of persons employed by the employer.
Ready for floor action in the Senate.

*SSB 5693:	Would establish a public/private endowment fund for
meeting the needs of individuals with developmental disabilities and would
establish a governing board for the fund which would develop a plan of
operation.  Ready for floor action in the Senate.

Other Resources 

This summary focuses on issues of interest to users of assistive
technology.  There are many other issues of interest to the disability
community currently pending before the state legislature.  Here are some
other resources that may be helpful in tracking those issues:

General Disability Issues: Contact Toby Olson at the Governor's Committee
on Disability Issues & Employment.  1-800-949-4232/1-360-438-3168.  
Special Education Issues: Contact the Washington State Special Education
Coalition Parent Coordinator, Donna Obermeyer, via phone at 360-705-2113,
email at donaobrmyr at aol.com or by mail at 4537 Juli Ct. S.E., Olympia, WA
98501.
Developmental Disability Issues: The DD community is advocating for
significant increases in funding to serve the many unmet needs of
individuals with developmental disabilities in Washington state.  The
Community Advocacy Coalition sponsors weekly advocacy days and monthly
coalition meetings throughout the year.  For more information, contact
Janet Adams with the Community Advocacy Coalition in Olympia at (360)
357-5596 or email her at arcwa at earthlink.net.
Health & Social Policy: Nancy Amidei at the University of Washington
School of Social Work publishes a weekly update on legislative action. Go
to: http://weber.u.washington.edu/~sswweb/policywatch.html.  To receive
updates via email, contact Nancy at amidei at u.washington.edu. 
Children's Issues: The Children's Alliance sponsors weekly updates on
state legislative activities with a focus on children's issues.  The
Alliance also sponsors weekly meetings in Olympia.  To receive Children's
Alliance Legislative Alerts, contact George Manalo-LeClair at 206.324.0340
or george at childrensalliance.org.

*****************************************
Frances E. Pennell
Policy & Funding Specialist
Washington Assistive Technology Alliance
Box 357920 
University of Washington
Seattle, Washington  98195-7920
(206)  685-4181 V
(206)  616-1395 TTY
(206)  543-4779 FAX