Assigned to HHS                                                                                                                     FOR COMMITTEE






Fifty-Fifth Legislature, Second Regular Session


FACT SHEET FOR h.b. 2113


developmental disabilities; Down syndrome


Expands the definition of developmental disability to include a severe, chronic disability that is attributable to Down syndrome.


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 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 the Department of Economic Security (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).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.


1.   Expands the definition of developmental disability to include a severe, chronic disability that is attributable to Down syndrome.

2.   Defines Down syndrome as a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21, affecting a person's cognitive and physical abilities and causing developmental issues.

3.   Makes conforming changes.

4.   Becomes effective on the general effective date.

House Action

HHS                1/31/22      DP     9-0-0-0

3rd Read          2/23/22                 59-0-1

Prepared by Senate Research

March 14, 2022