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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1088

 

developmental disabilities; spina bifida

Purpose

            Modifies the definition of developmental disability to include a severe, chronic disability that is attributable to Spina Bifida.

Background

            According to the U.S. Centers for Disease Control and Prevention, Spina Bifida is a type of neural tube defect which is usually apparent at birth and can cause Chiari II malformation, which can lead to compression of the spinal cord and cause a variety of symptoms including:
1) difficulties with feeding, swallowing and breathing control; 2) choking; and 3) changes in upper arm function. Additionally, Spina Bifida can cause hydrocephalus, resulting in extra fluid in and around the brain that can cause swelling, brain damage and fatality (
U.S. CDC). According to the Arizona Department of Health Services (DHS), approximately 34 babies are born in Arizona with some form of Spina Bifida each year (DHS).

            A developmental disability is a severe, chronic disability which: 1) is attributable to cognitive disability, cerebral palsy, epilepsy or autism; 2) is manifested before age 18; 3) is likely to continue indefinitely; and 4) results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language;
c) learning; d) mobility; e) self-direction; f) capacity for independent living; and g) economic
self-sufficiency (
A.R.S. § 36-551).

            The Division of Developmental Disabilities (DDD) of the Department of Economic Security 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.

            The anticipated fiscal impact to the state General Fund associated with this legislation is unknown. The measure adds Spina Bifida as a developmental disability that would qualify for DDD services.

Provisions

1.      Modifies the definition of developmental disability to include a severe, chronic disability that is attributable to Spina Bifida.

2.      Defines Spina Bifida as a type of neural tube defect that occurs when a person's neural tube fails to develop or close properly before birth and of which the severity depends on many factors, including the size of the spinal opening and the location on the spine.

3.      Makes technical changes.

4.      Becomes effective on the general effective date.

Prepared by Senate Research

January 17, 2020

CRS/KS/kja