Assigned to HHS AS
PASSED BY COW
Assigned to HHS AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
developmental homes; licensure; investigations
Purpose
Outlines requirements and permissions relating to the licensing, renewal and inspections of adult and child developmental homes.
Background
The Department of Economic Security (DES) provides services for low income households and others in need through the following divisions: 1) Administration; 2) Developmental Disabilities; 3) Benefits and Medical Eligibility; 4) Child Support Enforcement; 5) Aging and Community Services; and 6) Employment and Rehabilitation Services. The DES Division of Developmental Disabilities provides services to individuals with cognitive disabilities, cerebral palsy, autism or epilepsy.
A residential facility is a home with persons with developmental disabilities that is licensed, operated, supported or supervised by the Department of Health Services (A.R.S. § 36-581). Statute requires DES to visit each adult and child developmental home and inspect the premises for sanitation, fire and other actual and potential hazards (A.R.S. § 36-591).
Current statute allows DES to issue a provisional license to an applicant or licensee of an adult or child developmental home who is temporarily unable to conform to the established standards of care, if the deficiencies can be remedied within six months. If conditions exist that could danger the health and safety of the clients residing in the setting, DES is prohibited from issuing a provisional license. Provisional licenses are valid for six months and are nonrenewable (A.R.S. § 36-593).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Inspections
1. Requires DES, before issuing or renewing a license for an adult or child developmental home, to determine that the applicant is able to meet the emotional, physical, social, developmental, educational, cultural and intellectual needs of clients.
2. Requires DES, before renewing a license for an adult or child developmental home, to investigate:
a) the activities and standards of care within the setting;
b) the financial stability of the applicant;
c) the character and training of the applicant; and
d) the adequacy of services.
3. Requires DES to:
a) annually visit and inspect each adult and child developmental home for sanitation, fire and other potential hazards;
b) monitor the settings of adult and child developmental homes for compliance with health, safety, contractual, programmatic and quality assurance standards at least two times a year;
c) investigate a complaint immediately if there is a danger to a client; and
d) investigate a complaint within 10 working days if there is no danger to a client.
4. Allows DES to deny, suspend or revoke a license if an employee, applicant, licensee or adult household member of the developmental home is the subject of a substantiated or proposed substantiated finding of abuse or neglect.
5. Requires all adult household members and adult members living on the premises of a developmental home to have a valid fingerprint clearance card.
6. Requires developmental homes to allow an inspection of the facility at reasonable times by:
a) parents or guardians of facility residents;
b) members of the Developmental Disabilities Advisory Council; or
c) employees or agents of non-profit protection or advocacy organizations with training and expertise in monitoring residential settings for persons with developmental disabilities.
Third Party Monitoring
7. Allows DES to enter into a contract with a third party for monitoring and licensing services.
8. Requires DES to establish minimum qualifications, responsibilities and oversight for the licensing and monitoring of developmental homes. The minimum qualifications must address professional judgment, conflicts of interest and training.
9. Requires DES to establish in rule:
a) the frequency and type of visits for licensing and monitoring;
b) the maximum caseload for those performing licensing and monitoring services; and
c) a system for appropriate public access to information regarding licensing and monitoring findings.
Provisional Licenses
10. Allows DES to issue a provisional license only to a licensee who is seeking renewal of a regular license, rather than to an applicant.
11. Decreases, from six months to three months, the amount of time a provisional license is valid.
12. Requires licensees who are seeking a provisional license to remedy temporary standard of care deficiencies within three months.
13. Prohibits DES from issuing a provisional license if conditions exist that could endanger the health, safety or welfare of clients residing in the setting.
Miscellaneous
14. Makes technical and conforming changes.
15. Becomes effective on July 1, 2019.
Amendments Adopted by Committee
· Delays the effective date to January 1, 2019.
Amendments Adopted by Committee of the Whole
1. Requires all adult household members and adult members living on the premises of a developmental home to have a valid fingerprint clearance card.
2. Outlines requirements for DES to establish in rule relating to licensing and monitoring services.
3. Requires developmental homes to allow employees or agents of various non-profit protection or advocacy organizations to inspect the home at reasonable times.
4. Removes language relating to a conflict of interest.
5. Delays the effective date to July 1, 2019.
Senate Action
HHS 2/14/18 DPA 7-0-0
Prepared by Senate Research
February 22, 2018
CRS/JN/lat