ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1211: intermediate care facilities; licensure |
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PRIME SPONSOR: Senator Carter, LD 15 BILL STATUS: Health & Human Services
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Requires licensure of intermediate care
facilities for individuals with an intellectual disability (ICF-IID) by January
1, 2020 and requires a Department of Child Safety (DCS) central registry
background check or an Adult Protective Services (APS) registry background
check for any person who is employed or seeking employment in a position that
provides direct services to children or vulnerable adults.
History
DCS is responsible for maintaining a central registry for reports on child abuse and neglect that are substantiated as well as the outcomes of the investigations. DCS is required to conduct central background checks and use that information to determine qualifications for persons who are employed or applying for employment in a position that would provide direct service to children or vulnerable adults (A.R.S § 8-804).
The Department of Economic Security (DES) is responsible for maintaining the APS registry for substantiated reports of abuse, neglect and exploitation of vulnerable adults which include, the name and date of birth of the person determined to have been abused, the date and the nature of the allegation and the description of the allegation. A report within the registry must be maintained for 25 years after the date of entry (A.R.S. § 46-459).
The Department of Health Services (DHS) - Division of Licensing Services licenses and monitors health and child care facilities and providers throughout Arizona. Licensing inspections, on-site surveys, and complaint investigations are conducted to promote quality care and safety and ensure that performance standards are met for facility operation and maintenance. To protect the health and safety of Arizonans by providing information, establishing standards, and licensing and regulating health and child care services.
The Division of Developmental Disabilities (DDD) is housed in DES. DDD's mission is to empower individuals with development disabilities to lead self-directed, healthy and meaningful lives. DDD provides supports and services that help enable individuals with opportunities to exercise their rights and responsibilities of independent decision-making and engagement in the community. DDD serves more than 40,000 people with development disabilities and their families throughout Arizona each year.
Provisions
1. Requires DCS to conduct central registry background checks to provide information to licensees regarding persons who are employed or seeking employment in an ICF-IID. (Sec. 1)
2. Mandates licensees that employ persons to provide direct care in an ICF-IID to submit to DCS information necessary to conduct central registry background checks. (Sec. 1)
3. Requires DHS to verify whether the licensees comply with the requirement. (Sec. 1)
4. Allows DCS to enter into agreements with other state agencies to conduct the central registry background checks. (Sec. 1)
5. Prohibits the director of DHS from accepting an accreditation report in lieu of a compliance inspection of an ICF-IID. (Sec. 3)
6. Requires, on or before January 1, 2020, an ICF-IID that is operated by DES or a private entity be licensed by DHS and certified pursuant to federal law (42 CFR, part 483, subpart I). (Sec. 4)
7. States that DDD must notify DHS of service providers who enter into contracts with ICF-IIDs. (Sec. 7, 8)
8. Specifies that DHS must immediately notify DDD when an ICF-IID license has been denied, suspended or revoked or any other licensing action taken on an ICF-IID. (Sec. 7, 8)
9. Requires DES to conduct an APS registry background check for any person who is employed or seeking employment in a position that provides direct services to children or vulnerable adults in any of the following:
a. A community residential setting;
b. An ICF-IID;
c. Home and community-based services; and
d. Day care for persons who have developmental disabilities. (Sec. 10)
10. Permits DES to conduct an APS registry background check for any person who is employed or seeking employment with DES or one of DES' contractors in a position that provides direct services to children or vulnerable adults. (Sec. 10)
11. Mandates that DES use the information contained in the adult protective services registry to determine the following:
a. Whether the person is qualified for home and community-based services certification for services provided to vulnerable adults or children;
b. Whether the person who is employed or seeking employment with DES is qualified for a position that provides direct services to vulnerable adults or children; and
c. Qualifications for positions that provide direct services to vulnerable adults or children for any of the following:
i. A person who applies for a contract with DES and that person's employees;
ii. All employees of a contractor;
iii. A subcontractor of a contractor and the subcontractor's employees; and
iv. Prospective employees of a contractor or subcontractor at the request of the prospective employer. (Sec. 10)
12. Requires, before being employed in a position that provides direct services to vulnerable adults or children, prospective employees to certify under penalty of perjury whether an allegation of vulnerable adult abuse, neglect or exploitation has been made against the person and was substantiated. (Sec. 10)
13. Requires DHS to adopt rules requiring employees and personnel of an ICF-IID to report any abuse, neglect or exploitation. (Sec. 11)
14. Exempts DHS from the rule making requirements for one year after the effective date. (Sec. 11)
15. Contains an emergency measure. (Sec. 12)
16. Defines terms. (Sec. 1, 2)
17. Makes technical changes. (Sec. 1, 2, 3, 5, 6 ,7, 8, 9)
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21. Fifty-fourth Legislature SB 1211
22. First Regular Session Version 1: Health & Human Services
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