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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
group home monitoring program
Purpose
Extends the Developmental Disabilities Group Home Monitoring Program (Program) past the three-year pilot period until January 1, 2031, and modifies Program requirements.
Background
Laws 2022, Chapter
316 established the Developmental Disabilities Group Home Monitoring Pilot
Program (Pilot Program) within the Department of Economic Security (DES) until
January 1, 2027, and requires DES to contract with the entity designated to
operate the protection and advocacy system for persons with developmental
disabilities in Arizona (designated entity) to conduct the Pilot Program. As
part of the Pilot Program, DES must establish an expedited referral system to
forward quality-of-care complaints to the designated entity for investigation. The
designated entity must monitor group homes that serve clients with complex
needs and investigate quality-of-care complaints concerning a DES-funded group
home. If the designated entity substantiates an allegation, the information
must be shared with DES, the service provider and the Independent Oversight
Committee on Persons with Developmental Disabilities
(DDD-IOC). The designated entity must report to the Governor and the
Legislature on observations and outcomes, the quality of services provided and
recommendations for improvements by January 1, 2026. The Pilot Program is set
to repeal on January 1, 2027 (A.R.S.
ยง 36-3595.03).
If there is a cost associated with continuing the Program for an additional four years, until January 1, 2031, there may be a fiscal impact to the state General Fund.
1. Extends the Program past the three-year pilot period until January 1, 2031.
2. Requires, subject to available appropriations, DES to contract with the designated entity to operate the protection and advocacy system for persons with developmental disabilities.
3. Requires, beginning January 1, 2026, the designated entity to monitor group homes that provide services to clients with complex needs to determine whether:
a) a client has a behavior treatment plan in place that is compliant with DES rules;
b) the client received the physical and behavioral health services as outlined by the client's health care providers and person-centered service plan, including regular physical activity with modification for the client's disability, if any;
c) the client's dietary requirements have been met, including compliance with dietary orders from the client's health care providers;
d) the food provided in the group home met generally accepted dietary standards and guidelines for healthy Americans in accordance with dietary guidelines of the U.S. Department of Agriculture;
e) the client and the client's guardian, if applicable, were included in all decision-making regarding the client and were informed of any changes to the client's regular activities or daily routine;
f)
group home direct care staff demonstrate the knowledge and skills
required to meet the medical and behavioral health care needs of the client as
outlined in the client's
person-centered service plan and behavior treatment
plan, if applicable;
g) the client had access to and used all prescribed adaptive equipment;
h) group home direct care staff worked with the behavioral health providers serving the client, as allowed by the client or client's guardian and as outlined in the client's person-centered service plan and behavior treatment plan, if applicable; and
i) the group home is compliant with applicable incident reporting policies, including documenting and reporting physical interventions and any other emergency measures taken.
4. Requires, beginning January 1, 2026, the designated entity to complete follow-up monitoring reviews for group homes that were monitored and identified as having significant compliance or quality of care concerns, including notifying DES on additional follow-up to ensure that compliance standards are met and sustained.
5. Requires the designated entity to compile and complete:
a) monthly reports to DES detailing monitoring results from the preceding month, including identified systemic issues and recommendations for improvements; and
b) a comprehensive annual report of all observations and outcomes during the preceding year.
6. Removes the requirement that the designated entity determine whether all physical interventions used by a group home's staff have complied with each client's behavioral treatment plan and applicable state laws.
7. Requires DES, by January 1, 2026, to establish an expedited referral system to ensure copies of all incident reports, quality of care complaints, investigation records and client service requests for each group monitored are forwarded to the designated entity for review and analysis.
8. Replaces the requirement that the designated entity provide substantiated allegations in a quality-of-care complaint to DES with a requirement that it provides any concerns identified during a group home follow-up review.
9. Requires DES to provide the designated entity with:
a) access to all information necessary to verify service compliance;
b) a written response to all monthly reports completed by the designated entity;
c) quarterly reports identifying the actions taken in response to identified systemic issues and recommendations received from the designated entity.
10. Requires DES to post all of the following on its website:
a) all of the designated entity's monthly and annual reports;
b) all DES responses to the designated entity's monthly and annual reports;
c) all quarterly reports from DES; and
d) the monitoring tool and related instructions uses by the designated entity to monitor group homes.
11. Requires the designated entity, by each December 31, to report observations and outcomes of the Program to the:
a) Governor;
b) President of the Senate;
c) Speaker of the House of Representatives;
d) Secretary of State; and
e) DDD-IOC.
12. Requires, by January 1, 2030, the Health and Human Services Committees of the Senate and the House of Representatives to:
a) review all reports submitted to DES, as well as the DES responses, including observations and outcomes of the program, systemic issues identified, quality of services and any recommendations for DES; and
b) determine whether the Program should be continued, modified or discontinued.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Extends the Program until January 1, 2031, rather than permanently.
2. Makes the requirement that DES contract with a designated entity to administer the Program contingent on available appropriations.
3. Requires the Program's designated entity to determine whether each group home it monitors is meeting outlined requirements related to the service of clients with complex needs.
4. Requires the designated entity to complete follow-up reviews on group homes identified as having significant compliance or quality of care concerns.
5. Requires DES to provide the designated entity with quarterly reports including actions taken in response to identified issues, written responses to all monthly reports received from the designated entity, and to publish the reports, DES responses and the monitoring tool on its website.
6. Includes incident reports, investigation records and client service requests in the expedited referral system established by DES.
7. Replaces the requirement that the designated entity provide substantiated allegations in a quality-of-care complaint to DES with a requirement that it provides any concerns identified during a group home follow-up review.
a) review all reports submitted to DES, as well as the DES responses, including observations and outcomes of the program, systemic issues identified, quality of services and any recommendations for DES; and
b) determine whether the Program should be continued, modified or discontinued.
9. Makes technical and conforming changes.
Senate Action
HHS 2/19/25 DP 7-0-0
APPROP 2/25/25 DP 8-2-0
Prepared by Senate Research
March 10, 2025
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