|
REFERENCE TITLE: eligibility determinations; developmental disabilities |
|
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
|
|
HB 2174 |
|
|
|
Introduced by Representative Willoughby
|
AN ACT
Amending sections 36-559 and 36-2933, Arizona Revised Statutes; relating to developmental disabilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-559, Arizona Revised Statutes, is amended to read:
36-559. Eligibility for developmental disabilities programs, services and facilities
A. Except as provided in subsection B of this section, a person with who has a developmental disability is eligible to apply for developmental disabilities programs, services and facilities operated by, licensed and supervised by or supported by the department if such the person both:
1. Is a bona fide resident of the state of Arizona.
2. Is a person with Has a developmental disability as defined in this chapter and provides medical and psychological documentation of such the developmental disability utilizing using tests which that are culturally appropriate and valid, or is an infant and as a result of tests performed pursuant to section 36-694, or other appropriate tests, there is strongly demonstrated potential that the infant has a developmental disability or will have a developmental disability.
B. After the department conducts preadmission screening pursuant to section 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the A person shall be referred to the Arizona health care cost containment system administration for an eligibility determination pursuant to section 36-2933, if either of the following applies:
1. The person is a new applicant who is not receiving services and applies for services pursuant to this chapter.
2. The person is eligible for services pursuant to this chapter and would receive services, other than case management, if state funding were available.
C. A person who is referred to the Arizona health care cost containment system administration shall first be determined eligible or ineligible for the Arizona long-term care system, pursuant to chapter 29, article 2 of this title, before receiving services pursuant to this chapter. Applicants who voluntarily refuse refuses to cooperate in the eligibility process are is not eligible for services pursuant to this chapter. An applicant's or current service recipient's refusal to establish or convert an estate or trust pursuant to section 36-2934.01 shall be deemed a voluntary refusal to cooperate. A form explaining loss of benefits due to a voluntary refusal to cooperate shall be signed by the applicant or current service recipient. Voluntary refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination.
D. The department shall determine eligibility for developmental disabilities programs, services and facilities pursuant to this section only for persons who have been denied eligibility for services pursuant to section 36-2933. If the department of economic security determines the person is not eligible, the department of economic security shall refer the person to the department of health services for treatment as directed by the court to coordinate necessary and reasonable services. Services provided pursuant to this subsection are subject to the availability of funding.
Sec. 2. Section 36-2933, Arizona Revised Statutes, is amended to read:
36-2933. Eligibility determination; application; enrollment
A. A person who is seeking services pursuant to this article shall submit an application for eligibility for the system to the administration, which shall review the completed application to determine if the person meets the residency and, if applicable, the alienage requirements adopted pursuant to section 36-2932, subsection K and the eligibility criteria prescribed in section 36-2934.
B. The administration shall conduct a preadmission screening pursuant to section 36-2936 to determine if whether the applicant is eligible for services.
C. A person who is a resident of this state and, if not a citizen of the United States, who meets the alienage requirements of federal law and who meets the eligibility criteria prescribed in section 36-2934 and who is determined eligible for services pursuant to section 36-2936 shall be enrolled in the system, unless such the person is enrolled in the Arizona health care cost containment system pursuant to article 1 of this chapter and only needs convalescent care as defined by the director by rule.
D. On enrollment in the system, the administration shall conduct post-eligibility posteligibility treatment of income and resources of the member as prescribed in section 36-2932, subsection L.
E. The director may enter into an interagency agreement with the department under which the department may:
1. Determine whether all persons with developmental disabilities as defined in section 36-551 who apply to the system meet the eligibility criteria prescribed in subsection A of this section.
2. Conduct preadmission screening pursuant to subsection B of this section on persons with developmental disabilities as defined in section 36-551 to determine if the applicant is eligible for services.
3. Conduct post-eligibility treatment of income and resources pursuant to subsection D of this section for a member who has a developmental disability as defined in section 36-551.
E. The director may not require a person who has a developmental disability as defined in section 36-551 to apply for developmental disabilities programs, services and facilities pursuant to section 36-559 before or as a condition of submitting an application for eligibility for the system pursuant to this section.