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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 7-0-0-0 |APPROP DP 8-2-0-0 | 3rd Read 21-6-3-0
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SB 1356: group home monitoring program
Sponsor: Senator Dunn, LD 25
House Engrossed
Overview
Continues the Developmental Disabilities Group Home Monitoring Pilot Program (Program) past the three-year pilot period until January 1, 2031, and updates Program requirements.
History
The Arizona Department of Economic Security (DES) oversees the Developmental Disabilities Group Home Monitoring Program which is a pilot program that requires DES to contract with an entity designated to operate the protection and advocacy system for persons with developmental disabilities (designated entity) to conduct the Program. Part of the Program requires DES to establish an expedited referral system to forward quality-of-care complaints to the designated entity for investigation. The designated entity must monitor group homes that serve clients with complex needs and investigate quality-of-care complaints concerning a DES-funded group home. If the designated entity substantiates an allegation, the information must be shared with DES, the service provider and the Independent Oversight Committee on Persons with Developmental Disabilities (DDD-IOC).
The designated entity must report to the Governor and the Legislature on observations and outcomes, the quality of services provided and recommendations for improvements by January 1, 2026. The Program terminates January 1, 2027 (A.R.S. § 36-595.03).
Provisions
1. Requires, subject to available appropriations, DES to contract with the designated entity to operate the protection and advocacy system for persons with developmental disabilities. (Sec. 2)
2. Directs, beginning January 1, 2026, the designated entity to monitor group homes that provide services to clients with complex needs to determine whether a client has a behavior treatment plan in place that is compliant with DES rules and has had a positive impact on behaviors that interfered with the ability of the client with complex needs to live safely in the community. (Sec. 2)
3. Requires, beginning January 1, 2026, the designated entity to complete follow-up monitoring reviews for group homes that were monitored and identified as having significant compliance or quality of care concerns. (Sec. 2)
4. Requires, beginning January 1, 2026, the designated entity to utilize a monitoring tool to assess whether the following criteria were satisfied:
a) the client received the required physical and behavioral health services as outlined by the client's health care providers and person-centered service plan, including regular physical activity with modification, if any;
b) the client's dietary requirements have been met, including compliance with dietary orders from the client's health care providers;
c) the food provided in the group home met generally accepted dietary standards and guidelines for healthy Americans in accordance with dietary guidelines of the U.S. Department of Agriculture;
d) the guardian of the client with complex needs and the client, if applicable, were included in all decision-making regarding the client and were informed of any changes to the client's regular activities or daily routine;
e) group home direct care staff demonstrated the knowledge and skills required to meet the medical and behavioral health care needs of the client as outlined in the client's person-centered service plan and behavior treatment plan, if applicable;
f) the client had access to and used all prescribed adaptive equipment;
g) group home direct care staff worked with the behavioral health providers serving the client, as allowed by the client or client's guardian and as outlined in the client's person-centered service plan and behavior treatment plan, if applicable; and
h) the group home is compliant with applicable incident reporting policies, including documenting and reporting physical interventions and any other emergency measures taken. (Sec. 2)
5. Directs the designated entity to compile and complete:
a) monthly reports to DES detailing monitoring results from the previous month, including identified systemic issues and recommendations for improvements; and
b) a comprehensive annual report of all observations and outcomes during the preceding year. (Sec. 2)
6. Directs DES to establish an expedited referral system to ensure copies of all incident reports, quality of care complaints, investigation records and client service requests for each group home monitored are forwarded to the designated entity for review and analysis, by January 1, 2026. (Sec. 2)
7. Repeals the requirement that the designated entity determine whether all physical interventions used by a group home's staff have complied with each client's behavioral treatment plan and applicable state laws. (Sec. 2)
8. Replaces the requirement that the designated entity provide substantiated allegations in a quality-of-care complaint to DES with a requirement that it provides any concerns identified during a group home follow-up review. (Sec. 2)
9. Directs DES to provide the designated entity with:
a) access to all information necessary to verify service compliance; and
b) quarterly written reports responding to the issues identified in the designated entity's monthly reports from the previous quarter, including identifying the actions taken in response to identified systemic issues and recommendations received from the designated entity. (Sec. 2)
10. Tasks DES to post on its website the following:
a) all the designated entity's monthly and annual reports;
b) all quarterly reports from DES; and
c) the monitoring tool and related instructions used by the designated entity to monitor group homes. (Sec. 2)
11. Directs the designated entity, annually on January 15, to report observation and outcomes of the Program to the Governor, President of the Senate, Speaker of the House of Representatives, Secretary of State and DDD-IOC. (Sec. 2)
12. Instructs, by January 1, 2030, the Health and Human Services Committees of the Senate and the House of Representatives to:
a) review all reports submitted to DES, as well as the DES responses, including observations and outcomes of the program, systemic issues identified, quality of services and any recommendations for DES; and
b) determine whether the Program should be continued, modified or discontinued. (Sec. 2)
13. Extends the Program's repeal date to January 1, 2031. (Sec. 4)
14. Makes technical and conforming changes. (Sec. 1-2)
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SB 1356
Initials AG Page 0 House Engrossed
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