ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2394: group homes; monitoring; appropriation

S/E: same subject

Sponsor: Representative Dunn, LD 13

Committee on Health & Human Services

 

Summary of the Strike-Everything Amendment to HB 2394

Overview

Creates the Developmental Disabilities Group Home Monitoring Program within the Department of Economic Security (DES.) Appropriates $1.2 million from the state General Fund (GF) in FY 2023 to DES for administering the program.

History

The Independent Oversight Committee on Persons with Developmental Disabilities (Committee) was created to promote the rights of clients who are receiving developmental disabilities services. The Committee is established within the Arizona Department of Administration (ADOA) and is comprised of at least 7-15 members all appointed by the Director of ADOA. Members of the committee must have expertise in the following areas: 1) Psychology; 2) Law; 3) Medicine; 4) Education; 5) Special education; 6) Social work; and 7) Criminal Justice (A.R.S. § 48-3801).

The Committee makes recommendations to the director of any department and service provider subject to oversight and to the Legislature regarding laws, rules, policies, procedures and practices to ensure the protection of the rights of clients receiving behavioral health and developmental disability services. The Committee must issue an annual report of its activities and recommendations, if any, to the following: 1) ADOA Director; 2) DES Director; 3) Director of the Department of Health Services (DHS); 4) The Director of the Department of Child Safety (DCS); 5) Director of the Arizona Health Care Cost Containment System (AHCCCS); 6) President of the Senate; 7) Speaker of the House of Representatives; and 8) Chairpersons of the Senate and House of Representatives Health and Human Services Committee, or their successor committees (A.R.S. § 41-3804).

The purpose of the Developmentally Disabled Assistance and Bill of Rights Act (Act) is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports and other forms of assistance that promote self-determination, independence, productivity, integration and inclusion in all facets of community life through culturally competent programs (42 U.S.C. § 15001).

Provisions

Developmental Disabilities Group Home Monitoring Program (Program)

1.   Establishes the Program within DES. (Sec. 2)

2.   Appropriates $1,200,000 from the state GF in FY 2023 to DES for the Program and exempts the appropriation from lapsing. (Sec. 3) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

3.   Instructs DES to oversee the program and contract with the entity that has been designated by the state to operate the protection and advocacy system for persons with developmental disabilities pursuant to the Act to conduct the Program. (Sec. 2)

4.   Specifies that the scope of the Program must require the designated entity, at a minimum to:

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

i.   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;

ii. 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;

iii.   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;

iv. All physical interventions used by the group home staff have compiled with the behavioral treatment plan of client with complex needs and applicable state laws;  

b)   Investigate quality of care complaints concerning any group home funded by DES; and

c)   Compile a comprehensive report of all observations and outcomes during the preceding year. (Sec. 2)

5.   Directs DES, by January 1, 2023, to establish an expedited referral system to ensure that quality of care complaints are transferred to the designated entity for investigation. (Sec. 2)

6.   Specifies that if the designated entity substantiates an allegation in a quality-of-care complaint, the information must be provided to DES and the Independent Oversight Committee on Persons with Developmental Disabilities. (Sec. 2)

7.   Defines client with complex needs. (Sec. 2)

DES Report

8.   Directs DES, by July 1, 2023, to provide an annual report to the:

a)   Chairpersons of the Health and Human Services Committees of the Senate and House of Representatives or their successor committees;

b)   Directors of AHCCCS and DHS;

c)   Designated entity conducting the Program; and

d)   Secretary of State (SOS). (Sec. 1)

9.   Requires the report to include the following:

a)   The number of incident reports;

b)   The number of group home contracts by service provider;

c)   The annual amount the division paid the service provider for each group home contract;

d)   The cost per client by service providers;

e)   The number of any type of contract sanction;

f) The number of service providers from whom the division recouped payment for group home services in the preceding year; and

g)   The number of Medicaid fraud investigations of group home service providers. (Sec. 1)

10.  Specifies that the DES group home report must include 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; and

f) That involved law enforcement. (Sec. 1)

11.  Requires the designated entity, annually by December 31, 2023, to report to the Governor, President of the Senate and Speaker of the House of Representatives and provide a copy of the report to the SOS regarding the observations and outcomes of the Program and any recommendations for service improvements. (Sec. 2)

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15.                    HB 2394

16.  Initials AG Page 0 Health & Human Services

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