REFERENCE TITLE: group home monitoring; complex needs

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SB 1309

Introduced by

Senator Barto

AN ACT

Amending title 36, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 36-573; amending title 36, chapter 5.1, article 3, Arizona Revised Statutes, by adding section 36-595.03; Appropriating monies; relating to developmental disabilities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 36-573, to read:

START_STATUTE36-573. Incident reports; contracting; annual report

On or before July 1, 2023 and each year thereafter, the department of economic security shall provide an annual report to the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees, the directors of the Arizona health care cost containment system and the department of health services and the designated entity conducting the developmental disabilities group home monitoring program pursuant to section 36-595.03 and shall provide a copy of the report to the secretary of state. The report shall include at least the following information:

1. the number of incident reports:

(a) That were Received from group homes in the preceding two years.

(b) That resulted in any type of contract sanction.

(c) That involved medication errors.

(d) That resulted in changes to a behavioral treatment plan.

(e) That required additional staff training.

(f) That involved law enforcement.

(g) Aggregated by service provider and individual group home.

2. With respect to group home contracts and expenditures:

(a) The number of group home contracts by service provider.

(b) For each group home contract, the annual amount the division paid the service provider.

(c) The cost per client by service provider.

(d) The number of any type of contract sanction.

(e) The number of service providers from whom the division recouped payments for group home services in the preceding year.

3. The number of medicaid fraud investigations of service providers of group home services. END_STATUTE

Sec. 2. Title 36, chapter 5.1, article 3, Arizona Revised Statutes, is amended by adding section 36-595.03, to read:

START_STATUTE36-595.03. Developmental disabilities group home monitoring program; complex needs; at-risk members; expedited referral system; annual report; definition

A. The developmental disabilities group home monitoring program is established in the department.  The department shall oversee the program and contract with the entity that has been designated by this state to operate the protection and advocacy system for persons with developmental disabilities in this state pursuant to the developmentally disabled assistance and bill of rights act, as amended (42 United States Code sections 15041 through 15045) to conduct the program. 

B. The scope of the program shall require the designated entity, at a minimum, to do all of the following:

1. Monitor in person the group homes that provide services to clients with complex needs to determine, at a minimum, whether:

(a) The client with complex needs receives the services identified in the client's person-centered service plan, including medication monitoring and habilitation treatment, as applicable.

(b) The provision of services identified in the person-centered service plan of the client with complex needs has been effective in addressing the client's complex needs.

(c) The services have resulted in a reduction in behaviors that interfered with the ability of the client with complex needs to live safely in the community.

(d) All physical interventions used by the group home staff have complied with the behavioral treatment plan of the client with complex needs and applicable state laws.

2. Investigate quality of care complaints concerning any group home funded by the department.

3. For clients identified as being at higher risk for abuse or neglect in group homes, visit the group home and these clients at least once every four months.  A client is identified as being at higher risk of abuse or neglect if any of THE following applies:

(a) The client has experienced a destabilizing event such as hospitalization, emergency medical treatment, arrest, abuse or neglect in the past year.

(b) The client has been the subject of an adult protective services referral or a department of child safety referral in the past year.

(c) The client's guardian is the public fiduciary.

4. Compile a comprehensive report of all observations and outcomes during the preceding year.

C. On or before January 1, 2023, the department shall establish an expedited referral system to ensure that quality of care complaints are transferred to the designated entity for investigation pursuant to this section. If the designated entity substantiates an allegation in a quality of care complaint, the information shall be provided to the department and the independent oversight committee on persons with developmental disabilities established by section 41-3801.

D. On or before December 31, 2023, and each year thereafter, the designated entity shall report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report 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 persons with developmental disabilities who have complex needs in this state and any recommendations for service improvements.

E. For the purposes of this section, "client with complex needs" means a client with dual disorders, including psychiatric disorders and developmental disabilities, who engages in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property. END_STATUTE

Sec. 3. Appropriation; department of economic security; developmental disabilities group home monitoring program; exemption

A. The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security for the developmental disabilities group home monitoring program established by section 36-595.03, Arizona Revised Statutes, as added by this act.

B. The monies appropriated pursuant to subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.