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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
long-term care; health aides
Purpose
Establishes licensed health aide services as a covered home and community-based service provided by the Arizona Long-Term Care System (ATLCS). Outlines application and eligibility requirements for licensed health aides.
Background
Established by the Arizona Health Care Cost Containment System (AHCCCS), ALTCS provides health insurance for individuals who are age 65 or older, or who have a disability, and who require care at the nursing facility level (ALTCS). ALTCS provides for the management and delivery of hospitalization, medical care, institutional services and home and community-based services to members through AHCCCS, contractors and providers. ALTCS services can be provided in an institution, home or community-based setting (A.R.S. § 36-2932).
According to current
statute, home and community-based services include: 1) home health nursing and
aide; 2) skilled home health aide; 3) home health aide with intermittent health
maintenance, continued treatment or monitoring; 4) homemaker; 5) personal care;
6) day care;
7) habilitation; 8) respite care; 9) transportation; and 10) other services or
licensed or certified settings approved by the Director of AHCCCS (Director).
Home and community-based services may be provided in a member's home, in an
adult foster care home, in an assisted living home, assisted living center or
behavioral health residential facilities (A.R.S.
§ 36-2939).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Defines a licensed health aide as a person who:
a) is licensed to provide or to assist in providing authorized nursing-related services for ALTCS;
b) is the parent, guardian or family member of the ALTCS member receiving services who may provide licensed health aide services only to that member and only consistent with that member's plan of care; or
c) has a scope of practice that is the same as a licensed nursing assistant and may also provide medication administration, tracheostomy care and enteral care and therapy and any other tasks approved by the Arizona Board of Nursing (AZBN) rules.
2. Permits a person who wishes to practice as a licensed health aide to submit a verified application and prescribed fee to the AZBN.
3. Requires a licensed health aide applicant to submit satisfactory proof to the AZBN that the applicant meets all of the following requirements:
a) is a parent, guardian or family member of an individual who is under 21 years old and who is eligible to receive continuous skilled nursing or skilled nursing respite care services;
b) satisfactorily completed the basic curriculum and received a valid certificate from a training program approved by the AZBN that included medication administration, tracheostomy care, enteral care and therapy for persons under 21 years old and any other tasks approved by the AZBN; and
c) satisfactorily completed a competency examination approved by the AZBN.
4. Requires the Director to implement a program under which licensed health aide services may be provided to eligible members under 21 years of age, including:
a) members with developmental disabilities; and
b) members who require continuous skilled nursing or skilled nursing respite care services.
5. Establishes the following licensing and renewal fees for licensed health aides:
a) $50 for issuing a license;
b) $50 for renewing a license; and
c) $25 for renewing an expired license, for each year it is expired.
6. Permits
ALTCS contractors to provide licensed health aide services as a home and
community-based service.
7. Specifies that licensed health aide services include home health agency services that are ordered by a physician on the member's plan of care and provided by a licensed health aide.
8. Stipulates that licensed health aide services may be provided only by a parent, guardian or family member who is a licensed health aide employed by a Medicare-certified home health agency service provider.
9. Requires the Director to request any necessary approvals from the U.S. Centers for Medicare and Medicaid Services no later than 60 days after the approval of the rules implementing the application for licensed health aides is approved.
10. Mandates that the reimbursement rate for licensed health aide services must reflect the special skills needed to meet the health care needs of members and must exceed the reimbursement rate for home health aide services.
11. Exempts the AZBN from administrative rulemaking requirements for one year after the effective date of this legislation.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
House Action
HHS 2/1/21 DP 9-0-0-0
3rd Read 2/11/21 52-7-1
Prepared by Senate Research
March 1, 2021
CRS/AP/kja