ARIZONA
HOUSE OF REPRESENTATIVES
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SB1247: residential care institutions; children |
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PRIME SPONSOR: Senator Brophy McGee, LD 28 BILL STATUS: Transmitted to Governor
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Adds reporting and documentation requirements
by a licensed behavioral health residential facility that provides services to
children, that contracts with the federal government and that receives only
federal monies, to the Arizona Department of Health Services (DHS). Requires
Central Registry background checks for persons who are employed or seeking
employment to provide direct services to children in a licensed behavioral
health residential facility.
History
The Department of Child Safety (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 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.
A.R.S. § 36-424 provides that DHS must inspect the premises of a health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with requirements and rules related to licensing. The director must accept proof that a health care institution is an accredited hospital or is an accredited health care institution in lieu of all compliance inspections required if the director receives a copy of the institution's accreditation report for the licensure period. If the health care institution's accreditation report is not valid for the entire licensure period, DHS may conduct a compliance inspection of the health care institution during the time period DHS does not have a valid accreditation report for the institution.
Provisions
1. Requires DCS to provide information contained in the central registry to outlined licensees regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility. (Sec. 1)
2. Starting September 1, 2019, licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services children in a licensed behavioral health residential facility must submit to DCS information necessary to conduct central registry background checks. (Sec. 1)
3. Requires the Arizona Department of Health Services (DHS) to verify whether the licensees have complied with the requirement. (Sec. 1)
4. Requires an employee who provides direct services to children in a licensed behavioral health residential facility to certify whether an allegation of abuse or neglect was made against them and was substantiated. (Sec. 1)
5. Provides that a licensed behavioral health residential facility that provides services to children, that contracts with the federal government and that receives only federal monies must report to DHS within 24 hours after an actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a resident at the facility or while the resident is in the custody of the facility and that requires notification to local law enforcement, DCS or the United States Department of Health and Human Services (HHS). (Sec. 2)
6. States the licensee must inform DHS regarding and corrective action plan required by HHS. (Sec. 2)
7. Stipulates that a behavioral health residential facility that provides services to children must notify DHS within 30 days after the facility begins contracting exclusively with the federal government, receives only federal monies and does not contract with this state. (Sec. 3)
8. Provides that each licensed premises of a health care institution must have its own accreditation report. The director may accept an accreditation report in lieu of a compliance inspection of a behavioral health residential facility providing services to children only if both of the following apply:
a. The facility is accredited by an independent, nonprofit accrediting organization approved by the Secretary of HHS; and
b. The facility has not been subject to an enforcement action within the year preceding the annual licensing fee anniversary date. (Sec. 4)
9. Authorizes DHS to adopt rules requiring employees and personnel of residential facilities providing behavioral health services to children to report any abuse or neglect. (Sec. 6)
10. Contains an emergency measure. (Sec. 7)
11. Makes technical and conforming changes. (Sec. 1, 3, 5)
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15. Fifty-fourth Legislature SB 1247
16. First Regular Session Version 4: Transmitted
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