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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
developmental homes; monitoring
Purpose
Allows a service provider that operates a group home or an intermediate care facility for individuals with intellectual disabilities (ICF-IID) to install electronic monitoring devices in common areas of the group home or ICF-IID. Directs the Department of Economic Security (DES) to adopt rules regarding electronic monitoring in group homes and ICF-IIDs and outlines rule requirements.
Background
The Division of Developmental Disabilities (DDD), a division of DES, provides services to individuals diagnosed with developmental and intellectual disabilities including cerebral palsy, autism and epilepsy. Services provided by DDD include: 1) attendant care; 2) habilitation; 3) home health aide; 4) home nursing; 5) occupational, physical and speech therapies; 6) respite care; and 7) medical services. DES is responsible for licensing specified residential settings, including adult developmental homes and child developmental homes. DDD is additionally responsible for ensuring that state-operated residential settings, that are owned or leased by DDD, meet standards prescribed for group homes, unless they are certified as ICF-IID as required by federal law.
A group home is a community residential setting for up to six individuals with developmental disabilities. Group homes are operated by service providers who contract with DES and who provide room and board, as well as medically-necessary services and support to meet the needs of each person in the home. An ICF-IID is a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board, supervisory care services or personal care services as outlined in statute but that are less intensive than skilled nursing services (A.R.S. § 36-551).
It is unlawful to knowingly photograph, videotape, film, digitally record or secretly view, with or without a device, another person without that person's consent under statutorily prescribed circumstances (A.R.S. § 13-3019). Current statute does not specify requirements or prohibitions regarding unconsented electronic monitoring in group homes or ICF-IIDs.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a service provider that operates a group home or an ICF-IID to install, oversee and monitor electronic monitoring devices in common areas of the group home or ICF-IID.
2. Allows a service provider to contract with a third-party to install, oversee and monitor an electronic monitoring device.
3. Requires the Director of DES to adopt rules regarding the use of electronic monitoring in group homes and ICF-IIDs that include at a minimum:
a) consent requirements as prescribed in statute;
b) public disclosure that an electronic monitoring device is in use on the property;
c) the maintenance, storage and retention schedule of the electronic record;
d) who may access the electronic record and under what circumstances;
e) how confidentiality and privacy are maintained;
f) how often the electronic monitoring device is monitored or reviewed by the service provider or the service provider's designee;
g) ensuring that all staff who have access to the electronic record are properly trained in facility policies and the protection of client rights; and
h) ensuring that adherence to facility policies is monitored and any risks or breaches of facility policies are promptly addressed.
4. Prohibits DES from adopting rules that:
a) prohibit access to electronic records from the service provider, member or member's family or guardian, unless the electronic record contains evidence of a suspected criminal offense; and
b) require a service provider to be financially responsible for purchasing, installing, maintaining or monitoring an electronic monitoring device that is not voluntarily installed by the service provider in a group home or ICF-IID.
5. Requires a service provider that installs and uses an electronic monitoring device before the effective date of this legislation to:
a) establish policies consistent with rules adopted by DES; and
b) submit the policies to DES within 90 days after the rules are adopted.
6. Defines electronic monitoring device as a video surveillance camera or audio device that is installed in a common area, including a hallway, of a group home or ICF-IID.
7. Excludes, from the definition of electronic monitoring device, an electronic, mechanical or other device that is specifically used for the nonconsensual interception of wire or electronic communications.
8. Becomes effective on the general effective date.
House Action
HHS 2/21/19 DPA 9-0-0-0
3rd Read 3/11/19 60-0-0
Prepared by Senate Research
March 18, 2019
CRS/AB/kja