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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
developmental disabilities; spina bifida.
Purpose
Expands the definition of developmental disability to include a severe, chronic disability that is attributable to spina bifida for the purpose of receiving services through the Department of Economic Security (DES) Division of Developmental Disabilities (DDD).
Background
Spina bifida is a type of neural tube defect that affects anywhere along the spine and is usually present at birth. When the neural tube does not close all the way, the backbone that protects the spinal cord does not form and close properly, often resulting in damage to the spinal cord and nerves. Spina bifida can cause physical and intellectual disabilities that range from mild to severe depending on the size and location of the opening in the spine and whether part of the spinal cord and nerves are affected (CDC).
A developmental
disability is either a strongly demonstrated potential that a child who is
under six years of age has or will develop a developmental disability, as
determined by a prescribed test or by other appropriate tests, or a severe,
chronic disability that: 1) is attributable to a cognitive disability, cerebral
palsy, epilepsy, Down syndrome or autism; 2) is manifested before the age of
18; 3) is likely to continue indefinitely; 4) reflects the need for a
combination and sequence of individually planned or coordinated special,
interdisciplinary or generic care, treatment or other services that are of
lifelong or extended duration; and 5) results in substantial functional
limitations in three or more areas of major life activity. Areas of major life
activity include: 1) self-care;
2) receptive and expressive language; 3) learning; 4) mobility; 5)
self-direction; 6) capacity for independent living; and 7) economic
self-sufficiency (A.R.S.
§ 36-551).
The Director of DES is responsible for developing and annually revising a statewide plan and initiating statewide programs and services for persons with developmental disabilities. Services include child, adult, residential and resource services. An Arizona resident with a developmental disability, supported by medical and psychological documentation, is eligible to apply for developmental disabilities programs, services and facilities operated, licensed and supervised by DES (A.R.S. §§ 36-554 and 36-559).
DDD is the division of DES that empowers individuals with developmental disabilities to lead self-directed, healthy and meaningful lives. DDD provides support and services for eligible Arizonans diagnosed with one of the following developmental disabilities: 1) autism; 2) cerebral palsy; 3) epilepsy; 4) cognitive or intellectual disability; and 5) Down syndrome. Children under the age of six who are at risk of having a developmental disability may also qualify for services. DDD serves more than 40,000 people with developmental disabilities and their families throughout Arizona each year (DDD).
In the 56th Legislature, First Regular Session, the Joint Legislative Budget Committee (JLBC) published a fiscal note on S.B. 1032, which had identical language to this session's S.B. 1024. JLBC estimated that the bill could potentially cost $21.4 million from the state General Fund (state GF) annually, though this estimate was considered speculative. DES estimated the bill would increase DDD state GF costs by anywhere between $6.8 million and $21.5 million annually, as well as create a one time administrative cost of $370,000 to update documentation, processes and training (JLBC)
Provisions
1. Expands the definition of developmental disability to include a severe, chronic disability that is attributable to spina bifida.
2. Defines spina bifida as a type of neural tube defect that occurs when a person's neural tube fails to develop or close properly before birth and of which the severity depends on many factors, including the size of the spinal opening and the location on the spine.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 12, 2024
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