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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2174: eligibility determinations; developmental disabilities
Sponsor: Representative Willoughby, LD 13
Committee on Health & Human Services
Overview
Modifies agency procedures for determining eligibility for developmental disabilities programs, services and facilities.
History
A person who has a developmental disability is eligible to apply for programs, services and facilities operated, licensed or supported by the Arizona Department of Economic Security (DES) if the person both: 1) is a bona fide resident of the state of Arizona; and 2) has a developmental disability and provides medical and psychological documentation of the developmental disability using tests that are culturally appropriate and valid, or is an infant and as a result of preformed tests there is strongly demonstrated potential that the infant has or will have a developmental disability. Admission into any developmental disabilities program or service operated or supported by DES is subject to availability of space in any program or service and is subject to annual legislative appropriation and other available funding (A.R.S. §§ 36-559 and 36-560).
After DES conducts preadmission screening and determines that a person with a developmental disability may be potentially eligible for the Arizona Long Term Care System (ALTCS) the person must be referred to the Arizona Health Care Cost Containment System (AHCCCS) for an eligibility determination if either the following applies: 1) the person is a new applicant who is not receiving services and applies for services; and 2) the person is eligible for services and would receive services, other than case management, if state funding were available.
A person who is referred to AHCCCS must first be determined eligible or ineligible for ALTCS, before receiving developmental disabilities services. Applicants who voluntarily refuse to cooperate in the eligibility process are not eligible for developmental disabilities services (A.R.S. § 36-559).
The ALTCS system includes the management and delivery of hospitalization, medical care, institutional services and home and community-based services to members through AHCCCS administration, program contractors and providers. AHCCCS maintains the full operational responsibility for the ALTCS system and those responsibilities are outlined in statute (A.R.S. § 36-2932).
Provisions
1. Requires DES to determine eligibility for developmental disability programs, services and facilities only for persons who have been denied eligibility for ALTCS services. (Sec. 1)
2. Prohibits the DES Director from requiring a person who has a developmental disability to apply for developmental disabilities programs, services and facilities before or as a condition of submitting an application for eligibility for the ALTCS system. (Sec. 2)
3. Removes the requirement that DES refer a person to AHCCCS if the person is found potentially eligible for ALTCS after conducting preadmission screening. (Sec. 1)
4. Removes the requirement that AHCCCS determine a person eligible or ineligible for ALTCS before that person receives developmental disability services. (Sec. 1)
5. Removes the ability for AHCCCS to enter into an interagency agreement with DES to:
a) determine whether all persons with a developmental disability who apply to the ALTCS system meet the eligibility criteria;
b) conduct preadmission screening for persons with developmental disabilities to determine if the applicant is eligible for services; and
c) conduct post-eligibility treatment of income and resources for a member who has a developmental disability. (Sec. 2)
6. Makes technical changes. (Sec. 1-2)
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HB 2174
Initials AG Page 0 Health & Human Services
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