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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
vulnerable adult system; study committee
Purpose
Establishes the Vulnerable Adult System Study Committee (Study Committee) and outlines Study Committee membership, duties and reporting requirements.
Background
One of the recommendations in the 2023 Auditor General's (OAG) review of the Adult Protective Services (APS) system was that the Department of Economic Security (DES) should work with the Governor, President of the Senate (President), and Speaker of the House of Representatives (Speaker) to establish and appoint members to a working group to develop a strategic direction for APS. The OAG recommended that the working group include a wide range of stakeholders, such as: 1) representatives from the Arizona Health Care Cost Containment System (AHCCCS), the Department of Health Services (DHS) and the Attorney General’s (AG's) Office; 2) public fiduciaries; 3) representatives from local law enforcement; 4) vulnerable adult advocates; 5) tribal representatives; 6) legislative members; and 7) members from the House of Representatives’ Ad Hoc Committee on Abuse and Neglect of Vulnerable Adults. The audit also highlighted the 2019 Abuse & Neglect Prevention Task Force as a potential model for the APS working group. This Task Force was made to make recommendations that would further protect and improve care for individuals with disabilities (OAG).
Vulnerable adult means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment (A.R.S § 46-551).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the 20-member Study Committee, consisting of:
a) two members of the House of Representatives, appointed by the Speaker, who are members of different political parties, one of whom to serve as Co-Chairperson;
b) two members of the Senate, appointed by the President, who are members of different political parties, one of whom to serve as Co-Chairperson;
c) the Director of the DHS or the Director's designee;
d) the Director of DES or the Director's designee;
e) the Director of the AHCCCS or the Director's designee.
f) one member, appointed by the Governor, from the Governor's Office
g) one member, appointed by the AG, from the AG's Office
h) the current DES Long-Term Care Ombudsman or the Ombudsman's designee;
i) a current public fiduciary appointed by the Governor;
j) two Governor-appointed employees of a local law enforcement agency or statewide organization representing law enforcement;
k) the Executive Director of the Navajo Area Agency on Aging or the Executive Director's designee;
l) the Executive Director of the Intertribal Council of Arizona or the Executive Director's designee;
m) a Speaker-appointed employee of a licensed assisted living facility
n) a Governor-appointed employee of a licensed nursing care institution;
o) two President-appointed members who represent different statewide organizations that advocate for elderly vulnerable adults; and
p) a licensed health care professional, appointed by the Speaker, that provides health care services to elderly vulnerable adults.
2. Requires the Study Committee to:
a) develop and implement a coordinated vulnerable adults delivery system that ensures the health and safety of vulnerable adults;
b) recommend best practices relating to responding and investigating complaints;
c) research best practices related to APS at the state, municipal and community levels;
d) research and make recommendations on how the vulnerable adult system can ensure that vulnerable adults receive required services, including assigning a specific agency the responsibility to provide or coordinate case management;
e) research and identify common statewide outcomes;
f) identify best practices for data collection and data sharing by various entities involved in providing vulnerable adult services; and
g) review and recommend changes to the statutes and rules that govern vulnerable adult services.
3. Allows the Co-Chairpersons of the Study Committee to designate work groups to research, study and make recommendations to the Study Committee.
4. Requires DES, in conjunction with the work groups, to develop an action plan for implementation once a strategic direction is established.
5. Specifies that public members are eligible for travel, lodging, meal and incidental expense reimbursement.
6. Requires, by October 1, 2025, the Study Committee to submit a report regarding its findings and recommendations to the Governor, the President and the Speaker, and to provide a copy of the report to the Secretary of State.
7. Repeals the Study Committee on December 31, 2025.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2024
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