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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
technical correction; home health agencies
(NOW: developmental disabilities advisory council)
Purpose
Requires the Developmental Disabilities Advisory Council (DDAC) to adopt a master agenda each fiscal year. Directs the Arizona Department of Administration (ADOA) to annually educate DDAC members regarding the DDAC's purpose and related statutes.
Background
The Division of Developmental Disabilities (DDD) within the Department of Economic Security (DES) provides services to individuals 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.
Established in 1976,
the DDAC is responsible for reviewing and making recommendations to the
Assistant Director of DES's DDD regarding the coordination, integration,
delivery and
cost-effectiveness of services. Additionally, the DDAC is tasked with the
oversight and approval of expenditures from the Client Developmental
Disabilities Services Trust Fund. DDAC membership is composed of 15 voting members
who are appointed by the Governor and 2
non-voting members. DDAC membership is required to include at least five
individuals who are clients, family members or guardians of individuals with
developmental disabilities. The DDAC must also include an individual who is
eligible for long-term care (A.R.S.
§ 36-553).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that the DDAC's annual in-district meetings are separate from any other DDD meeting.
2. Directs DDD to allow the DDAC up to 30 days to review new policies and major policy changes before submittal for public comment.
3. Allows DDD to submit new policies or policy changes for public comment before the 30-day review period if the DDAC confirms it had adequate time for review.
4. Necessitates that DDD staff be available to the DDAC to answer questions and review any proposed policies or policy changes prior to submission for public comment.
5. Obligates DES to provide the same accommodations for all DDAC members when travel is necessary for DDAC business.
6. Requires the DDAC, at the beginning of each fiscal year, to adopt a master agenda that schedules each prescribed item required for DDAC review and recommendation to DDD, and to notify appropriate agencies to provide and present information to the DDAC.
7. Directs DDD staff to assist the DDAC in preparing the required annual report that includes the DDAC's findings and recommendations as prescribed.
8. Requires ADOA to annually educate DDAC members and DDD staff on the DDAC's purpose, related statutes and open meeting laws.
9. Requires DDD to post the DDAC's scheduled meetings, meeting minutes and annual report in a prominent and accessible manner on its website.
10. Requires DES to delineate the DDAC as a separate line item in the DES annual budget request and necessitates that the DDAC be delineated as a separate line item in the General Appropriations Act.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by the House of Representatives
1. Requires that the DDAC be given up to 30 days to review proposed policy changes before submittal for public comment, rather than requiring that the DDAC review period begin 30 days prior to submittal for public comment.
2. Permits DDD to submit policies or changes for public comment before the 30-day review period if the DDAC has had adequate time for review.
Senate Action House Action
HHS 2/18/21 DPA/SE 8-0-0 HHS 3/22/21 DPA 8-0-0-1
3rd Read 2/25/21 28-0-2 3rd Read 4/5/21 60-0-0
Prepared by Senate Research
April 6, 2021
CRS/kja