ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DP 5-3-0-0 | 3^rd Read 21-9-0-0 House: HHS DP 9-0-0-0 | APPROP DP 12-1-0-0

---

SB 1512: vulnerable persons; incident notification; inspections

Sponsor:  Senator Rogers, LD 6

Caucus & COW

Overview

Appropriates $1,000,000 from the state general fund (GF) in FY 2022 to the Arizona Department of Economic Security (DES) to distribute to area agencies on aging (AAAs) for ombudsman services. Modifies and prescribes requirements for the inspection and oversight of adult and child developmental homes.

History

The Division of Development Disabilities (DDD) empowers individuals with developmental disabilities to lead self-directed, healthy and meaningful lives. DDD provides supports and services for eligible Arizonans and to people diagnosed with one of the following developmental disabilities: 1) autism; 2) cerebral palsy; 3) epilepsy; 4) cognitive or intellectual disability; and 5) children under the age of six who are at risk of having a developmental disability. DDD serves more than 40,000 people with developmental disabilities and their families throughout the state each year.

Adult developmental homes and child developmental homes are residential settings in a family home in which the care, physical custody and supervision of the adult client or the care and supervision of the child are the responsibility, under a 24-hour care model, of a licensee who, is not a DDD employee or service provider employee. Developmental homes provide the following services for a group of siblings or up to three adults with developmental disabilities: 1) room and board; 2) habilitation; 3) appropriate personal care; and 4) appropriation supervision (A.R.S. § 36-551).

In Arizona, the Office of State Long-Term Care Ombudsman (Ombudsman) is established pursuant to the Older Americans Act of 1965. The Ombudsman is under the direct supervision of DES, the Aging and Adult Administration Program Administrator or their designee (A.R.S. § 46-452.01). According to DES, Ombudsman Program grew out of efforts to respond to widely reported concerns that those living in long-term care facilities were subject to abuse, neglect and substandard care, and has the primary purpose of identifying, investigating and resolving complaints made by or on behalf of residents in nursing homes, assisted living facilities and adult foster care homes. Additionally, the Ombudsman Program: 1) educates residents, families, facility staff and the community about long term care issues and services; 2) promotes and advocates for residents’ rights; 3) assists residents in obtaining needed services; and 4) works with and supports family and resident councils (DES).

Provisions

1. Requires developmental disability service providers to develop and implement policies and procedures regarding the communication to responsible people of a serious incident affecting a client who is living in a community residential setting within 24 hours of the serious incident occurring. (Sec. 1)

2. Instructs DES to annually visit and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. (Sec. 3)

3. Directs DES to take any action it deems necessary to carry out its duties, including denying an application for licensure and suspending or revoking a home's license. (Sec. 3)

4. Mandates DES to notify the parent or guardian of a developmental home resident of any serious incident or complaint at the developmental home involving the client for whom the parent or guardian is responsible. (Sec. 3)

5. States that the denial, suspension or revocation of a developmental home license due to the failure to obtain or maintain a level 1 fingerprint clearance card is not an appealable agency action. (Sec. 4)

6. Stipulates that, subject to available monies, the office of the Ombudsman must visit each long-term care facility in Arizona without prior notice at least two times each year to speak with residents of the long-term care facility, or the resident's representative if the resident is nonverbal, without the presence of the facility's staff.

a) Specifies this requirement is in addition to any follow-up in response to a complaint. (Sec. 6)

7. Appropriates $1,000,000 from the state GF in FY 2022 to DES to distribute to AAAs for ombudsman services. (Sec. 7)

8. Exempts the appropriation from lapsing. (Sec. 7)

9. States the Legislature intends the appropriation be considered ongoing funding in subsequent fiscal years. (Sec. 7)

10. Makes technical and conforming changes. (Sec. 1-6)

11.

12.

13. ---------- DOCUMENT FOOTER ---------

14.                   SB 1512

15. Initials EB/IR         Page 0 Caucus & COW

16.

17. ---------- DOCUMENT FOOTER ---------