Assigned to HHS AS
PASSED BY HOUSE
Assigned to HHS AS
PASSED BY HOUSE
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. Requires all adult household members of a developmental home to have a valid fingerprint clearance card.
5. Allows DES to deny, suspend or revoke a license if:
a) an employee, applicant, licensee or adult household member is the subject of a substantiated or proposed substantiated finding of abuse, neglect or exploitation;
b) an applicant, licensee or adult household member fails to obtain or maintain a fingerprint clearance card; and
c) an employee, applicant, licensee, volunteer or adult household member is alleged to have abused, neglected or exploited a vulnerable adult and DES intends to enter a substantiated finding into the Adult Protective Services Registry.
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 an Arizona chapter of a national nonprofit advocacy organization that has affiliated local chapters and historical expertise with monitoring residential settings for persons with intellectual and developmental disabilities.
Third Party Monitoring
7. Requires DES to maintain a system of independent oversight of licensing and monitoring.
8. Allows DES to enter into a contract with a third party for services in connection with oversight, monitoring and licensing.
9. Allows DES to contract with the same third party to perform services in connection with the licensing and monitoring of a developmental home.
10. Requires DES to contract with a different third party to perform oversight services.
11. 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.
12. 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
13. Allows DES to issue a provisional license only to a licensee who is seeking renewal of a regular license, rather than to an applicant.
14. Decreases, from six months to three months, the amount of time a provisional license is valid.
15. Requires licensees who are seeking a provisional license to remedy temporary standard of care deficiencies within three months.
16. 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
17. Excludes from the definition of adult household member, a person who is receiving developmental disability services through DES.
18. Defines terms.
19. Makes technical and conforming changes.
20. 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.
Amendments Adopted by the House of Representatives
1. Details requirements relating to third party monitoring.
2. Outlines additional circumstances for DES to deny, suspend or revoke a license.
3. Allows an employee of specified nonprofit advocacy organizations to inspect a developmental home.
4. Defines terms.
5. Makes technical and conforming changes.
Senate Action House Action
HHS 2/14/18 DPA 7-0-0 HEALTH 3/22/18 DPA 8-0-0-1
3rd Read 2/26/18 29-0-1 3rd Read 4/09/18 56-0-4
Prepared by Senate Research
April 10, 2018
CRS/JN/lat