SB 1308 — DHS licensure; group homes

House Engrossed Senate BillEngrossed DHS licensure;

"BEHAVIORAL-SUPPORTED GROUP HOME" MEANS A HEALTH CARE INSTITUTION THATTHAT: MEETS ALL OF THE FOLLOWING:

(c) PROVIDES ROOM AND BOARD, DAILY HABILITATION, ASSISTANCE IN SELF-ADMINISTERING MEDICATION ANDMONITORING MEDICATION ADMINISTRATION AND CONTINUOUS BEHAVIORAL HEALTH SERVICESSUPPORT AND INTERVENTION FOR CLIENTS AS DEFINED IN SECTION 36-551 WITH DUAL DISORDERS, INCLUDING PSYCHIATRIC DISORDERS AND DEVELOPMENTAL DISABILITIES, WHO ENGAGE IN BEHAVIORS THAT ARE DISRUPTIVE, SOCIALLY INAPPROPRIATE OR HARMFUL OR DANGEROUS TO SELF OR OTHERS, THAT INTERFERE WITH FUNCTIONING AND QUALITY OF LIFE OR THAT MAY CAUSE DESTRUCTION OF PROPERTY.

BEGINNINGON OR BEFORE JULY 1, 2023, BEHAVIORAL-SUPPORTED GROUP HOMES AND GROUP HOMES THAT ARE OPERATED IN THIS STATE BY A SERVICE PROVIDER AND THAT ARE UNDER CONTRACT WITH THE DEPARTMENT OF ECONOMIC SECURITY SHALL BE LICENSED PURSUANT TO THIS CHAPTER.

EACH CLIENT SHALL HAVE A FUNCTIONAL BEHAVIORAL ASSESSMENT COMPLETED BY ATHE QUALIFIED CLINICAL PROFESSIONALPROFESSIONAL, WHO MEETS THE QUALIFICATIONS PRESCRIBED IN SUBSECTION B, PARAGRAPH 1 OF THIS SUBSECTION,SECTION, IN CONSULTATION WITH A MULTIDISCIPLINARY TEAM THAT IS COMPOSED OF ALL INDIVIDUALS WORKING WITH THE CLIENT TO INCLUDE, IF APPROPRIATE, PSYCHIATRIC, MEDICAL, NURSING AND NUTRITION PROVIDERS, PHYSICAL, OCCUPATIONAL AND SPEECH THERAPISTS, EDUCATIONAL PERSONNEL, BEHAVIORAL HEALTH PROVIDERS, GROUP HOME DIRECT CARE STAFF, HOME HEALTH PERSONNEL, DAY PROGRAM STAFF, THE CLIENT AND THE CLIENT'S FAMILY OR GUARDIAN AND REPRESENTATIVES FROM THE DEPARTMENT OF ECONOMIC SECURITY, DIVISION OF DEVELOPMENTAL DISABILITIES.

"INTEGRATED TREATMENT PLAN" MEANS A DOCUMENT THAT COORDINATES ALL TREATMENT INTERVENTIONS THAT ADDRESS THE CLIENT'SINDIVIDUAL'S PHYSICAL HEALTH AND BEHAVIORAL HEALTH NEEDS FOR THE PURPOSE OF ENSURING SEAMLESS, COORDINATED AND COMPREHENSIVE TREATMENT.

(b) Does not include an adult developmental home, a child developmental home, A BEHAVIORAL-SUPPORTED GROUP HOME, a nursing-supported - 13 - S.B.

1308 (b) Does not include an adult developmental home, a child developmental home, A BEHAVIORAL-SUPPORTED GROUP HOME, a nursing-supported group home or an intermediate care facility for individuals with intellectual disabilities.

-35. 14 - S.B.

1308 35.

"Placement evaluation" means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental- disability14 programs- andS.B. services for the person and recommendations for specific program placements for the person.

1308 developmental disability programs and services for the person and recommendations for specific program placements for the person.

The monies may not be used for departmental salaries, care of persons with developmental disabilities by the department or any other purpose within -the 15department, -but S.B.may be used for consultation to the department in the interest of local programs.

1308 the department, but may be used for consultation to the department in the interest of local programs.

A local public or private nonprofit or profit agency providing or intending to provide community developmental disability services and desiring- to15 contract- withS.B. the department to furnish these services shall submit a program plan and budget to the department on the forms and in the manner required by the department.

1308 desiring to contract with the department to furnish these services shall submit a program plan and budget to the department on the forms and in the manner required by the department.

-5. 16 - S.B.

1308Except 5.for emergency placement pursuant to section 36-560, subsection N, payment shall not be made based on program services provided to a client if a placement evaluation has not been made, and no individual program has been prepared and when, based on that placement evaluation, no - 16 - S.B.

Except1308 for emergency placement pursuant to section 36-560, subsection N, payment shall not be made based on program services provided to a client if a placement evaluation has not been made, and no individual program has been prepared and when, based on that placement evaluation, no recommendation has been made to enroll the client in the particular program service.

-6. 17 - S.B.

1308 6.

Provide that parents and guardians of persons with developmental disabilities residing at the facility, members of the developmental disabilities advisory council, and members of other recognized and ongoing advocacy- groups17 for- personsS.B. with developmental disabilities may inspect the facility at reasonable times.

1308 advocacy groups for persons with developmental disabilities may inspect the facility at reasonable times.

In -each 18fiscal -year, S.B.the division shall review and adjust the rate structure based on section 36-2959.

1308 each fiscal year, the division shall review and adjust the rate structure based on section 36-2959.

The division shall disclose to a service provider in the individual program plan, and in all meetings resulting from a response to a- vendor18 call,- anyS.B. historical and behavioral information necessary for the service provider to be able to anticipate the client's future behaviors and needs, including summary information from the program review committee, unusual incident reports reviewed by the independent oversight committee and behavioral treatment plans.

1308 a vendor call, any historical and behavioral information necessary for the service provider to be able to anticipate the client's future behaviors and needs, including summary information from the program review committee, unusual incident reports reviewed by the independent oversight committee and behavioral treatment plans.

department of health services;services For the purposes of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for eighteen months after the effective date of this act.

department of economic security For the purposes of this act, the department of health services and the department of economic security are exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for eighteen months after the effective date of this act.

- 19 - S.B.

1308 Sec.

9.

Group home licenses;

transfer;

anniversary date;

delayed repeal A.

Beginning July 1, 2023, the department of health services shall transfer all group home licenses to the appropriate subclass of health care institution license.

For the purposes of licensure, a group home for individuals with developmental disabilities is considered a group home as defined in section 36-401, Arizona Revised Statutes, as amended by this act.

A group home's initial licensure date or previous license expiration date that is before July 1, 2023 shall be considered the group home's anniversary date for health care institution licensing purposes.

B.