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SB1179 - 572R - S Ver
Senate Engrossed
group home monitoring
program; continuation
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1179
AN
ACT
Amending section 36-595.03, Arizona
Revised Statutes; amending laws 2022, chapter 316, section 4, as amended by
laws 2025, chapter 241, section 13; relating to developmental disabilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
36-595.03, Arizona Revised Statutes, is amended to read:
START_STATUTE
36-595.03.
Developmental disabilities group home monitoring program; clients
with complex needs; designated entity duties; expedited referral system;
reporting requirements; program review; definition
A. The developmental disabilities group home
monitoring program is established in the department.
Subject
to available appropriations,
The department shall contract with the
entity that has been designated by this state to operate the protection and
advocacy system for persons with developmental disabilities in this state
pursuant to the developmental disabilities assistance and bill of rights act of
2000 (42 United States Code sections 15041 through 15045) to conduct the
program.
B. The designated entity, at a minimum, shall do all
of the following beginning January 1, 2026:
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 person-centered service plan of the client
with complex needs, 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 complex needs.
(c) A behavior treatment plan is in place, is
compliant with department rules and has had a positive impact onbehaviors that
interfered with the ability of the client with complex needs to live safely in
the community.
2. Use a monitoring tool to assess whether the
following criteria were satisfied:
(a) The client with complex needs received the
physical health and behavioral health services that the client requires as
outlined by the client's health care providers and person-centered
service plan, including regular physical activity with modification for the
client's physical disability, if any.
(b) The client with complex needs had the client's
dietary requirements met, including compliance with all 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 the United States department of agriculture dietary guidelines.
(d) The guardian of the client with complex needs
and the client, as applicable, were included in all decisions made regarding
the client and 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 with complex needs as outlined in the client's person-centered
service plan and behavior treatment plan, if applicable.
(f) The client with complex needs had access to and
used all prescribed adaptive equipment.
(g) Group home direct care staff worked with the
behavioral health providers serving the client with complex needs 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.
(h) The group home of the client with complex needs complied
with applicable incident reporting policies, including documenting and
reporting physical interventions and any other emergency measures taken.
3. Complete follow-up monitoring reviews for
group homes that were monitored pursuant to paragraph 1 of this subsection and
that the designated entity identified as having significant quality of care
concerns.
4. Compile and complete both of the following:
(a) Monthly reports to the department detailing the
results of all monitoring from the previous month, including identified
systemic issues and recommendations for improvement.
(b) A comprehensive annual report of all
observations and outcomes during the preceding year.
C. On or before January 1, 2026, the department
shall establish an expedited referral system to ensure that copies of all incident
reports, quality of care complaints, investigation records and client service
requests for each group home monitored pursuant to subsection B, paragraph 1 of
this section are forwarded to the designated entity for review and analysis
pursuant to this section. If the designated entity identifies
concerns during its follow-up monitoring reviews, the information shall
be provided to the department, which shall share the allegation with the
service provider and the independent oversight committee on persons with
developmental disabilities established by section 41-3801.
D. The department shall:
1. Educate service providers on the requirements of
the developmental disabilities group home monitoring program and the role of
the designated entity.
2. Provide the designated entity with access to all
necessary information to complete the monitoring requirements pursuant to
subsection B of this section.
3. Provide the designated entity with 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 the identified systemic issues and recommendations
received from the designated entity.
4. Publish on the department's public website all of
the following:
(a) All of the designated entity's monthly and
annual reports pursuant to subsection B, paragraph 4 of this section.
(b) All quarterly reports from the department
pursuant to paragraph 3 of this subsection.
(c) The monitoring tool and related instructions
used by the designated entity to monitor group homes pursuant to this section.
E. On or before January 15, 2026and each January 15thereafter,
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 and the independent oversight committee on
persons with developmental disabilities established by section 41-3801,
regarding the observations and outcomes of the program, including systemic
issues that were identified, the quality of services provided to persons with
developmental disabilities who have complex needs in this state and any
recommendations for service improvements.
F. On or before January 1, 2030, the health and
human services committees, or their successor committees, in the senate and the
house of representatives shall:
1. Review the reports submitted pursuant to
subsection E of this section and the department's responses pursuant to
subsection D, paragraph
3 of this
section to the designated entity's monthly reports, including observations and
outcomes of the program, systemic issues that were identified, the quality of
services provided to persons with developmental disabilities who have complex
needs in this state, any recommendations for service improvements and actions
taken by the department.
2. Determine whether the program should be continued,
modified or discontinued.
G. For the purposes of this section, "client
with complex needs" or "client" means a client with dual
disorders, including psychiatric disorders and 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.
END_STATUTE
Sec.
2.
2. Laws
2022, chapter 316, section 4, as amended by Laws 2025, chapter 241, section 13,
is amended to read:
Sec. 4.
Delayed repeal
Section 36-595.03, Arizona Revised Statutes, as amended by this
act, is repealed from and after December 31,
2027
2032
.