ARIZONA HOUSE OF REPRESENTATIVES

SB 1218: developmental homes; licensure; investigations
PRIME SPONSOR: Senator Brophy McGee, LD 28 BILL STATUS: Caucus & COW Health: DPA 8-0-0-1

Abstract

Relating to adult and child developmental home licensure. 

Provisions

1. Requires ADES to visit and inspect each Home annually.  (Sec. 2)

2. Stipulates that ADES must investigate specified criteria of an applicant before renewing a Home license.  (Sec. 3)

3. Requires ADES to:

a. Determine if an applicant is able to meet the emotional, physical, social, developmental, educational, cultural and intellectual needs of a client before issuing or renewing a Home license; and

b. Maintain a system of independent oversight of licensing.  (Sec. 3)

4. Allows ADES to:

a. Contract with third parties to perform OVERSIGHT AND licensing services; and

b. Enter into a contract with third parties to perform OVERSIGHT AND monitoring services.  (Sec. 3) (Health)

5. PROHIBITS ADES FROM CONTRACTING WITH THE SAME THIRD PARTY FOR:

a. OVERSIGHT AND LICENSURE; OR

b. OVERSIGHT AND MONITORING OF A HOME.  (Sec. 3) (Health)

6. Requires a Home licensee to allow ADES to inspect the Home at reasonable times.  (Sec. 3)

7. ALLOWS ADES TO CONTRACT WITH THE SAME THIRD PARTY FOR SERVICES REGARDING LICENSING AND MONITORING OF HOMES.  (Sec. 3) (Health)

8. Requires ADES to do the following for each Home:

a. Conduct an annual licensing Home visit;

b. Monitor Homes for compliance with health, safety, contractual, programmatic and quality assurance standards, rather than ADES rules; 

c. Maintain a system of independent oversight of monitoring; and

d. Investigate a complaint within 10 working days after receiving notice of a complaint.

i. Requires a complaint involving danger to a client to be investigated immediately.  (Sec. 3) (Health)

9. Requires ADES to adopt rules establishing:

a. Minimum qualifications, responsibilities and oversight for the licensing and monitoring of a Home; 

i. Rules regarding minimum qualifications must address professional judgement, conflicts of interest and training.

b. The frequency and type of visits for licensing and monitoring;

c. Maximum caseload ratios for those performing licensing and monitoring services; and

d. A system for public access to information regarding licensing and monitoring findings.  (Sec. 3)      

10. Removes an unlicensed applicant's ability to receive a provisional license.  (Sec. 4)

11. Permits ADES to issue a provisional license to a licensee who is seeking renewal of a regular license.  (Sec. 4)

12. Specifies that a provisional license is valid for three months, rather than six months.  (Sec. 4)

13. Stipulates that ADES may deny, suspend or revoke a Home license if:

a. An employee, applicant, licensee or adult household member of a Home is the subject of a proposed substantiated or a substantiated finding of abuse, neglect, OR EXPLOITATION by Adult Protective Services OR THE DEPARTMENT OF CHILD SAFETY;

b. AN APPLICANT, LICENSEE OR ADULT HOUSEHOLD MEMBER OF A HOME FAILS TO OBTAIN A LEVEL ONE FINGERPRINT CLEARANCE CARD; AND

c. AN EMPLOYEE APPLICANT, LICENSEE VOLUNTEER OR ADULT HOUSEHOLD MEMBER OF A HOME IS ALLEGED TO HAVE ABUSED, NEGLECTED OR EXPLOITED A VULNERABLE ADULT AND ADES INTENDS TO ENTER A SUBSTANTIATED FINDING AGAINST A VULNERABLE ADULT IN THE ADULT PROTECTIVE SERVICES REGISTRY.   (Sec. 5) (Health)

14. Requires an adult who is a member of the household or living on the premises of a Home, to acquire a valid level 1 fingerprint clearance card.  (Sec. 5) (Health)

15. CLARIFIES THAT AN APPLICANT, LICENSEE, VOLUNTEER OR ADULT HOUSEHOLD MEMBER OF A HOME MUST HAVE A LEVEL 1 FINGERPRINT CLEARANCE CARD. (Sec. 6) (Health)

16. Requires a group home or developmental home HOME to allow access to employees or agents of non-profit protection or advocacy organization with training and expertise in monitoring developmental disability homes A NONPROFIT ADVOCACY ORGANIZATION THAT IS A STATE CHAPTER OF A NATIONAL ORGANIZATION THAT HAS AFFILIATED LOCAL CHAPTERS AND THAT HAS HISTORICAL EXPERTISE WITH MONITORING RESIDENTIAL SETTINGS FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES for inspection purposes. (Sec. 7) (Health)

17. Contains a delayed effective date of July 1, 2019.  (Sec. 8)

18. EXCLUDES A PERSON WHO IS RECEIVING DEVELOPMENTAL DISABILITIES SERVICES FROM ADES FROM THE DEFINITION OF ADULT HOUSEHOLD MEMBER. (Sec. 1) (Health)

19. DEFINES LICENSING AND MONITORING.  (Sec. 3) (Health)

20. Makes technical and conforming changes.  (Sec. 1 4, 5)

Current Law

Before issuing a license to an applicant for a Home, ADES must investigate:

· The activities and standards of care within the setting;

· The financial stability of the applicant;

· The character and training of the applicant; and

· The adequacy of the services provided.  (A.R.S. § 36-592)

ADES may issue a provisional license to an applicant or a licensee who is not in compliance with Home standards.  A provisional license provides six months for any deficiencies to be remedied and is nonrenewable.  (A.R.S. § 36-593)

Any person who is applying for a Home license must have a valid level 1 fingerprint clearance card.  (A.R.S. § 36-594.02)

Additional Information

The OAG conducted a performance audit on the Division of Developmental Disabilities within ADES.

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Fifty-third Legislature                  SB 1218

Second Regular Session                               Version 2: Caucus & COW

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