ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: HHS DP 8-0-0-0 | 3rd Read 28-1-1-0

House: HHS DP 9-0-0-0

SB 1085: nursing-supported group homes; licensure

Sponsor:  Senator Pace, LD  25

Caucus & Cow

Overview

Requires nursing-supported group homes operated in Arizona by service providers contracted through the Department of Economic Security (DES) to be licensed by the Department of Health Services (DHS).

History

Under current law, DHS is responsible for the licensure and regulation of Arizona health care institutions. These institutions are defined as every place, institution, building or agency, organized for profit or not, that provides facilities with medical, nursing, behavioral health, health screening, supervisory care, personal care, directed care or any other health-related services (A.R.S § 36-401)

The Division of Developmental Disabilities (DDD) is a division within DES that provides support and services to eligible Arizonans with developmental disabilities. Qualifying members include individuals who have been diagnosed with autism, cerebral palsy, epilepsy or a cognitive or intellectual disability. DDD services 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 (DDD).

Nursing-supported group homes are currently contracted through DES with the primary focus of providing services and interventions to persons with developmental disabilities. Such services may include: 1) habilitative therapies; 2) special developmental skills; and 3) behavior intervention and sensorimotor development. These services and others are offered to residents who require 24-hour nursing care and have defined schedules of nursing responsibilities. Nursing-supported group homes currently employ nonprofessional and professional direct service staff. Professional direct service staff are required to: 1) be licensed and trained in accordance with the Arizona Nurse Practice Act (Act); 2) be supervised as required by the Act; and 3) obtain and maintain necessary prescribing healthcare provider prescriptions and orders (DES).

Provisions

1.   Exempts, beginning July 1, 2022, nursing-supported group homes from zoning standards for health care institutions prescribed by DHS. (Sec. 2)

2.   Requires nursing-supported group homes operated in Arizona by a service provider contracted with DES to be licensed by July 1, 2022. (Sec. 3)

3.   Includes, beginning July 1, 2022, nursing-supported group homes contracted with DES in the definition of a community residential setting. (Sec. 4)

4.   Excludes, beginning July 1, 2022, nursing-supported group homes from the definition of a group home. (Sec. 4)

5.   Exempts, beginning July 1, 2022, licensed nursing-supported group homes from the requirement that contracts for the purchase of residential care services require a community residential setting to be licensed. (Sec. 5)

6.   Allows, beginning July 1, 2022, nursing-supported group homes to install, oversee and monitor electronic monitoring devices in common areas of the home. (Sec. 6)

7.   Instructs, beginning July 1, 2022, DHS to immediately notify DDD when a nursing-supported group home license has been denied, suspended or revoked or of any other licensing action taken against a nursing-supported group home. (Sec. 8)

8.   Exempts, beginning July 1, 2022, licensed nursing-supported group homes from requirements outlined for group homes. (Sec. 8)

9.   Requires, beginning July 1, 2022, nursing-supported group homes to allow the following to inspect the facility at reasonable times:

a)   Parents and guardians of residents;

b)   Members of the Developmental Disabilities Advisory Council; and

c)   Employees or agents of an Arizona nonprofit advocacy organization that is a state chapter of a national advocacy organization, that has affiliated local chapters within Arizona and that has historical expertise with monitoring residential settings for persons with intellectual and developmental disabilities. (Sec. 9)

10.  Defines nursing-supported group home. (Sec. 1)

11.  Exempts DHS from rulemaking requirements for 18 months after the general effective date of this act. (Sec. 10)

12.  Contains a delayed effective date of July 1, 2022, excluding provisions made in sections 1, 3 and 10. (Sec. 11)

13.  Makes technical and conforming changes. (Sec. 1-8)

 

 

 

 

---------- DOCUMENT FOOTER ---------

                  SB 1085

Initials EB/SF        Page 0 Caucus & COW

 

---------- DOCUMENT FOOTER ---------