ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: APPROP DPA/SE 12-1-0-0

HB 2560: appropriation; DWR; water efficiency projects

S/E: group homes; monitoring; reporting; appropriation

Sponsor: Representative Dunn, LD 13

Caucus & COW

 

Summary of the Strike-Everything Amendment to HB 2560

Overview

Creates Developmental Disabilities Group Home Monitoring Pilot Program (Program) within the Department of Economic Security (DES). Appropriates $1.2 million from the state General Fund (GF) in fiscal year (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

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes 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. 4)

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

4.   Outlines the scope of the Program that the designated entity must follow beginning January 1, 2023. (Sec. 2)

5.   Directs DES, by January 1, 2023, to establish an expedited referral system to ensure that copies of quality-of-care complaints are forwarded 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 Committee. (Sec. 2)

7.   Requires DES to educate service providers on the requirements of the Program and the role of the designated entity. (Sec. 2)

8.   Directs the designated entity, by December 31, 2025, to report to the Governor, President of the Senate, Speaker of the House of Representatives and provide a copy of the report to the Secretary of State (SOS) regarding the observations and outcomes of the Program and any recommendations for service improvements. (Sec. 2)

9.   Directs DES, by October 31, 2023, to provide an annual report on group home incidents to:

a)   The 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)   A copy to the SOS. (Sec. 1)

10.  Outlines what must be included in the group home incident report. (Sec. 1)

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

12.  Repeals the Program on January 1, 2027. (Sec. 3)

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16.                    HB 2560

17.  Initials AG Page 0 Caucus & COW

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