SB 1309 — group home monitoring; complex needs

THE DEVELOPMENTAL DISABILITIES GROUP HOME MONITORING PROGRAM IS ESTABLISHED IN THE DEPARTMENT.

THE DEPARTMENT SHALL OVERSEE THE PROGRAM AND CONTRACT WITH THE ENTITY THAT HAS BEEN DESIGNATED BY THIS STATE TO - 1 - S.B.

1309 OPERATE THE PROTECTION AND ADVOCACY SYSTEM FOR PERSONS WITH DEVELOPMENTAL DISABILITIES IN THIS STATE PURSUANT TO THE DEVELOPMENTALLY DISABLED ASSISTANCE AND BILL OF RIGHTS ACT, AS AMENDED (42 UNITED STATES CODE SECTIONS 15041 THROUGH 15045) TO CONDUCT THE PROGRAM.

THEThis SCOPEsection OFis THErepealed PROGRAMfrom SHALLand REQUIREafter THEJune DESIGNATED30, ENTITY,2023. AT A MINIMUM, TO DO ALL OF THE FOLLOWING BEGINNING JANUARY 1, 2023:

1.

MONITOR IN PERSON THE GROUP HOMES THAT PROVIDE SERVICES TO CLIENTS WITH COMPLEX NEEDS TO DETERMINE, AT A MINIMUM, WHETHER:

(a) THE CLIENT WITH COMPLEX NEEDS RECEIVES THE SERVICES IDENTIFIED IN THE CLIENT'S PERSON-CENTERED SERVICE PLAN, INCLUDING MEDICATION MONITORING AND HABILITATION TREATMENT, AS APPLICABLE.

(b) THE PROVISION OF SERVICES IDENTIFIED IN THE PERSON-CENTERED SERVICE PLAN OF THE CLIENT WITH COMPLEX NEEDS HAS BEEN EFFECTIVE IN ADDRESSING THE CLIENT'S COMPLEX NEEDS.

(c) THE SERVICES HAVE RESULTED IN A REDUCTION IN BEHAVIORS THAT INTERFERED WITH THE ABILITY OF THE CLIENT WITH COMPLEX NEEDS TO LIVE SAFELY IN THE COMMUNITY.

(d) ALL PHYSICAL INTERVENTIONS USED BY THE GROUP HOME STAFF HAVE COMPLIED WITH THE BEHAVIORAL TREATMENT PLAN OF THE CLIENT WITH COMPLEX NEEDS AND APPLICABLE STATE LAWS.

2.

INVESTIGATE QUALITY OF CARE COMPLAINTS RECEIVED BY THE DESIGNATED ENTITY PURSUANT TO SUBSECTION C OF THIS SECTION CONCERNING ANY GROUP HOME FUNDED BY THE DEPARTMENT.

3.

COMPILE A COMPREHENSIVE REPORT OF ALL OBSERVATIONS AND OUTCOMES DURING THE PRECEDING YEAR.

ONFor ORthe BEFOREpurposes JANUARYof 1,this 2023,section, THE"health DEPARTMENTprofession SHALLregulatory ESTABLISHboard" ANand EXPEDITED"health REFERRALprofessional" SYSTEMhave TOthe ENSUREsame THATmeanings COPIESprescribed OFin QUALITYsection OF32-3201, CAREArizona COMPLAINTSRevised AREStatutes. FORWARDED TO THE DESIGNATED ENTITY FOR INVESTIGATION PURSUANT TO THIS SECTION.

IF THE DESIGNATED ENTITY SUBSTANTIATES AN ALLEGATION IN A QUALITY OF CARE COMPLAINT, THE INFORMATION SHALL BE PROVIDED TO THE DEPARTMENT AND THE INDEPENDENT OVERSIGHT COMMITTEE ON PERSONS WITH DEVELOPMENTAL DISABILITIES ESTABLISHED BY SECTION 41-3801.

D.

THE DEPARTMENT SHALL PROVIDE EDUCATION TO SERVICE PROVIDERS ON THE REQUIREMENTS OF THE GROUP HOME MONITORING PROGRAM AND THE ROLE OF THE DESIGNATED ENTITY.

E.

ON OR BEFORE DECEMBER 31, 2023, AND EACH YEAR THEREAFTER, THE DESIGNATED ENTITY SHALL REPORT TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND PROVIDE A COPY OF THE REPORT TO THE SECRETARY OF STATE REGARDING THE OBSERVATIONS AND OUTCOMES OF THE PROGRAM, INCLUDING SYSTEMIC ISSUES THAT WERE IDENTIFIED, THE QUALITY OF SERVICES BEING PROVIDED TO PERSONS WITH DEVELOPMENTAL DISABILITIES WHO HAVE COMPLEX NEEDS IN THIS STATE AND ANY RECOMMENDATIONS FOR SERVICE IMPROVEMENTS.

F.

FOR THE PURPOSES OF THIS SECTION, "CLIENT WITH COMPLEX NEEDS" MEANS A CLIENT WITH DUAL DISORDERS, INCLUDING PSYCHIATRIC DISORDERS AND - 2 - S.B.

1309 DEVELOPMENTAL DISABILITIES, WHO ENGAGES 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.

3.2.

Appropriation;Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

departmentAPPROVED ofBY economicTHE security;GOVERNOR MARCH 25, 2022.

developmentalFILED disabilitiesIN groupTHE homeOFFICE monitoringOF program;THE SECRETARY OF STATE MARCH 25, 2022.

exemption- A.1 -

The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security for the developmental disabilities group home monitoring program established by section 36-595.03, Arizona Revised Statutes, as added by this act.

B.

The monies appropriated pursuant to subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

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