ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2300: group homes; monitoring; appropriation

Sponsor:  Representative Dunn, LD 13

Committee on Health & Human Services

Overview

Establishes the Developmental Disabilities Group Home Monitoring Pilot Program (Program). Appropriates $1,200,000 from the state General Fund (GF) in FY 2022 to the Arizona Department of Economic Security (DES) for the Program.

History

Statute defines developmental disability as meaning either a strongly demonstrated potential that a child under six years old has or will develop a developmental disability as determined by test, or a severe chronic disability that is the following: 1) attributable to cognitive disability, cerebral palsy, epilepsy or autism; 2) manifested before the age of 18; 3) likely to continue indefinitely; 4) results in substantial limitations of three or more major life activity areas that include self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency; and 5) reflects the need for a combination or sequence of individually planned or coordinated special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration.

A group home is a community residential setting for six people or less with developmental disabilities that is operated by a service provider under contract with DES that provides room and board and daily habilitation and other assessed medically necessary services and supports to meet the needs of each person. The statutory definition of group home does not include an adult developmental home, a child developmental home or an intermediate care facility for individuals with intellectual disabilities (A.R.S. § 36-551).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes the Program. (Sec. 1)

2.   Directs DES to oversee the Program for three years and use a designated entity to operate the protection and advocacy system for people with developmental disabilities in Arizona to conduct the Program. (Sec. 1)

3.   Prohibits the Program from limiting the entity's ability to fulfill its statutory mandate, prescribed in federal law, to advocate for the rights of individuals with developmental disabilities. (Sec. 1)

4.   Asserts the scope of the Program must require the designated entity to, at a minimum, do the following:

a)   Monitor and inspect in person all group homes once each year;

b)   Investigate complaints and monitor the services provided in the group homes, including monitoring the health, safety and wellness of group home residents, living conditions and how the staff interacts and responds to the residents' needs;

c)   For individuals identified as being at higher risk for abuse or neglect in group homes, visit the group home and these individuals at least once every four months, including unannounced visits if necessary;

d)   Provide information to individuals with developmental disabilities about their rights and available resources for the person and the person's family or guardian; and

e)   Compile a comprehensive report of all observations and outcomes during the Program. (Sec. 1)

5.   Permits unannounced visits to replace a scheduled visit, except if the entity is unable to meet with the individual, a follow-up visit must be scheduled. (Sec. 1)

6.   Requires DES to develop a process to determine which of its clients are at a higher risk of abuse or neglect by allowing DES to consider whether:

a)   The person lives with the person's caregiver and receives no other developmental disabilities services or whether the person is largely or entirely dependent on a sole caregiver for assistance and that caregiver is largely or entirely dependent on the person for the caregiver's income;

b)   The person has limited ability to supervise the caregiver, has limited liability to express himself or herself verbally or has few community contacts or whether no independent person outside the home is identified to assist the person;

c)   The person has experienced a destabilizing event such as hospitalization, arrest or victimization;

d)   The person has been the subject of an adult protective services referral or a Department of Child Safety referral in the past year; and

e)   The person lives in an environment that jeopardizes the person's personal safety. (Sec. 1)

7.   Instructs the designated entity to report, by December 31, 2024, to the Governor and Legislature and give a copy to the Secretary of State regarding the observations and outcomes of the Program, including systemic issues that were identified, the quality of services being provided to people with developmental disabilities in Arizona and any recommendations for service improvements. (Sec. 1)

8.   Appropriates $1,200,000 from the state GF in FY 2022 to DES for the Program. (Sec. 1)

9.   Exempts the appropriation from lapsing. (Sec. 1)

10.  Repeals the Program on July 1, 2025. (Sec. 1)

11.  Defines group home. (Sec. 1)

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15.                    HB 2300

16.  Initials EB/IR         Page 0 Health & Human Services

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