Arizona Laws 36-595.03. Developmental disabilities group home monitoring pilot program; clients with complex needs; designated entity duties; expedited referral system; reporting requirements; definition
(Rpld. 1/1/27)
Terms Used In Arizona Laws 36-595.03
- Allegation: something that someone says happened.
- Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of economic security. See Arizona Laws 36-551
- Habilitation: means the process by which a person is assisted to acquire and maintain those life skills that enable the person to cope more effectively with personal and environmental demands and to raise the level of the person's physical, mental and social efficiency. See Arizona Laws 36-551
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Service provider: means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. See Arizona Laws 36-551
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
A. The developmental disabilities group home monitoring pilot program is established in the department. The department shall oversee the pilot program for three years and contract with the entity that has been designated by this state to operate the protection and advocacy system for persons with developmental disabilities in this state pursuant to the developmental disabilities assistance and bill of rights act of 2000 (42 United States Code §§ 15041 through 15045) to conduct the pilot program.
B. The scope of the pilot program shall require the designated entity, at a minimum, to do all of the following beginning January 1, 2023:
1. Monitor in person the group homes that provide services to clients with complex needs to determine, at a minimum, whether:
(a) 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.
(b) 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.
(c) 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.
(d) All physical interventions used by the group home staff have complied with the behavioral treatment plan of the client with complex needs and applicable state laws.
2. Investigate quality of care complaints received by the designated entity pursuant to subsection C of this section concerning any group home funded by the department.
3. Compile a comprehensive report of all observations and outcomes during the preceding year.
C. On or before January 1, 2023, the department shall establish an expedited referral system to ensure that copies of all quality of care complaints are forwarded to the designated entity for investigation pursuant to this section. The department shall identify quality of care complaints related to abuse, neglect and client safety as priorities for investigation. If the designated entity substantiates an allegation in a quality of care complaint, the information shall be provided to the department, which shall share the allegation with the service provider, and the independent oversight committee on persons with developmental disabilities established by section 41-3801.
D. The department shall educate service providers on the requirements of the developmental disabilities group home monitoring pilot program and the role of the designated entity.
E. On or before December 31, 2025, the designated entity shall report to the governor, the president of the senate and the speaker of the house of representatives, and provide a copy of the report to the secretary of state, regarding the observations and outcomes of the pilot program, including systemic issues that were identified, the quality of services provided to persons with developmental disabilities who have complex needs in this state and any recommendations for service improvements.
F. For the purposes of this section, "client with complex needs" means a client with dual disorders, including psychiatric disorders and developmental disabilities, who engages in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property.