Chapter 6. DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES

A. The Division may deny, suspend or revoke an HCBS certificate or an amendment to an HCBS certificate for any one or a combination of the following: 1. An applicant or service provider refuses to cooperate in providing information as required in this Article; or 2. An applicant …

A. In lieu of revocation or suspension, the Division may require a service provider to implement a corrective action plan to correct HCBS certification deficiencies when: 1. Allowing the service provider to continue services is in the best interest of the clients; and 2. The clie…

A. An applicant or service provider may request an administrative review pursuant to R6-6-1801 et seq. when the Division denies, suspends or revokes an HCBS certificate. B. The Division shall provide written notice at the time of the action to the applicant or service provider of…

A. If the following types of incidents occur while a client is in the direct care of a service provider, the service provider shall immediately report to the Division: 1. The death of a client; 2. Alleged neglect or abuse of a client; 3. An incident related to a client that invol…

All service providers shall observe the rights of clients listed in A.R.S. § 36-551.01 and A.A.C. R6-6-102. Historical Note Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).

A. Each service provider shall maintain, as required in this Article, the applicable records listed in subsection (B). Each individual service provider shall maintain his or her own records and may do so by making arrangements with the Division to keep current records on file wit…

A. The following minimum requirements apply to all agency service providers: 1. When a Home and Community-based Service is delivered, a direct-care staff who has completed the following required training and orientation shall be present, except as provided by R6-6-1521: a. Orient…

A. An individual who wishes to provide Attendant Care services and is not an immediate relative of the client shall comply with this Article in order to obtain an HCBS certificate. B. The Division shall not compensate a spouse to provide Attendant Care services to the other spous…

In addition to the general requirements in R6-6-1520, each individual who provides Day Treatment and Training services shall: 1. Have at least three months’ experience in conducting group or individual activities related to specific developmental, habilitative, or recreational pr…

In addition to the general requirements in R6-6-1520, each direct care staff of an agency and each individual service provider who provides Habilitation services shall: 1. Have at least three months’ experience implementing and documenting performance in individual programs; 2. H…

In addition to the general requirements in R6-6-1520, only a Medicare-certified home health agency shall perform Home Health Aide services. Historical Note Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).

A. In this Section, “not available” means that the Division has made an effort to procure Home Health Nurse services through a Medicare-certified home health agency but one cannot be contracted with in the geographic location to provide these services. B. In addition to the gener…

In addition to the general requirements in R6-6-1520, services shall be provided by a Hospice: 1. Licensed by the Arizona Department of Health Services, and 2. Certified by Medicare. Historical Note Adopted effective February 1, 1996; filed in the Office of the Secretary of State…

In addition to the general requirements in this Article, each individual who provides housekeeping services shall receive an orientation to the specific housekeeping needs of the client. Historical Note Adopted effective February 1, 1996; filed in the Office of the Secretary of S…

In addition to the general requirements in R6-6-1520, each individual who provides Occupational Therapy services shall be currently licensed as an Occupational Therapist by the state of Arizona, Board of Occupational Therapy Examiners. Historical Note Adopted effective February 1…

In addition to the general requirements in R6-6-1520, each individual who provides Personal Care services shall: 1. Have at least three months experience in providing assistance to an individual to meet essential personal physical needs, such as showering, bathing, toileting, and…

In addition to the general requirements in R6-6-1520, each individual who provides Physical Therapy services shall be currently licensed as a Physical Therapist by the state of Arizona, Board of Physical Therapy Examiners. Historical Note Adopted effective February 1, 1996; filed…

In addition to the general requirements in R6-6-1520, each individual who provides Respiratory Therapy services shall be currently licensed as a Respiratory Therapist by the state of Arizona, Board of Respiratory Care Examiners. Historical Note Adopted effective February 1, 1996;…

In addition to the general requirements in R6-6-1520, each individual who provides Respite services shall have at least three months’ experience in providing assistance to an individual to meet essential personal physical needs as described in R6-6-1529. Historical Note Adopted e…

In addition to the general requirements in R6-6-1520, each individual who provides Speech/Hearing Therapy services shall: 1. Have a Master’s degree in speech-language pathology, 2. Have a Certificate of Clinical Competence from the American Speech and Hearing Association, and 3. …

A. Any employee of an agency contracting with the Department to provide services (service provider) who must physically defend self or others against a client’s aggressive behavior shall use the minimum amount of force necessary to control the situation and shall immediately repo…

A. Upon receipt of an incident report, the District Program Manager shall initiate an investigation of the incident. B. The supervisor to whom a case of possible abusive treatment or neglect of a minor client is reported shall refer the matter immediately to Child Protective Serv…

A. The employees of a service provider immediately shall refer any client who appears to have been abused, neglected, or injured for medical evaluation by nursing staff. If nursing staff is unavailable, the client shall be referred immediately to a licensed physician. B. If the n…

Historical Note Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired …

Historical Note Adopted effective April 30, 1981 (Supp. 81-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).

Historical Note Adopted effective April 30, 1981 (Supp. 81-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).

Historical Note Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired …

Historical Note Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).

ARTICLE 18. ADMINISTRATIVE REVIEW Article 18 consisting of Sections R6-6-1801 through R6-6-1804 adopted effective March 8, 1983. Article 18, consisting of Sections R6-6-1801 through R6-6-1804 repealed effective August 29, 1991 (Supp. 91-3). Article 18, consisting of Sections R6-6…

In addition to the definitions in Article 1 of this Chapter, the following definitions apply to this Article: 1. “Action” means: a. Denial or termination of eligibility for Division services; b. The imposition of or increase in financial contribution to cost of services determine…

This Article establishes an Administrative Review process for a Requestor challenging a Division Action. This Article applies only to: 1. Division eligibility; 2. Programs and services provided through the Division that are not funded by Medicaid (Title XIX of the Social Security…

A. When taking an Action, the Division shall give written notice to the Applicant, Member, other Responsible Person, Home and Community-based Services (HCBS) certificate applicant or holder subject to the Action, or the person’s representative, if applicable. B. The notice shall …

The following persons may request an Administrative Review: 1. A Requestor; or 2. A Representative. If a Representative is acting on behalf of the Member or Applicant, the Representative shall submit a valid Health Information Portability and Accountability Act authorization. The…

A. A Requestor or Representative shall file a request for Administrative Review with the Division no later than 30 days following the date of the notice. B. A Requestor or Representative may request an Administrative Review orally or in writing, including mail, email, fax, and ha…

A. A request for Administrative Review shall include: 1. Identification of the Action; 2. Reason for the request for administrative review, including why the Requestor disagrees with the Action; 3. Desired resolution; and 4. Written consent of the Applicant, Member, or Responsibl…

The Division shall deny a request for Administrative Review upon determination that: 1. The request is untimely; 2. The request does not meet the requirements in R6-6-1806(A); 3. The request is not based on an Action; or 4. The Action is based solely on a change in federal or sta…

A. The Division shall mail a written Administrative Decision to the Requestor or Representative no later than 30 days after the Division receives the request for an Administrative Review, unless a longer period is mutually agreed upon in writing. B. If the Requestor or Representa…

A. The Division shall ensure the written Administrative Decision includes the results of the Administrative Review and the date it was completed. B. For an Administrative Review not resolved wholly in favor of the Requestor, the Administrative Decision shall contain: 1. The right…

When the Division denies eligibility and a Requestor or Representative requests an Administrative Review, the Division shall not authorize services until a final administrative or judicial decision establishes eligibility. Historical Note New Section made by final rulemaking at 2…

A. The Division shall continue authorizing a Member’s service solely funded by the state if: 1. The Member or the Member’s Representative files a timely request for Administrative Review; 2. The request for Administrative Review involves the termination, suspension, or reduction …

When an HCBS certificate holder timely files a request for an Administrative Review regarding a decision to suspend or revoke an HCBS certificate, the revocation or suspension shall not become effective, unless the Division finds that the public health, safety, or welfare imperat…

ARTICLE 19. RECODIFIED Article 19, consisting of Sections R6-6-1901 through R6-6-1911, recodified to Article 20 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). Article 19, consisting of Sections R6-6-1901 through R6-6-1912, adopted effective April 17, 1996 (Supp. 96-2).…

Historical Note Adopted effective October 16, 1981 (Supp. 81-5). Repealed effective August 29, 1991 (Supp. 91-3). Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum 180 days (Supp. 95-3). Adopted again by emergency acti…

Historical Note Adopted effective October 16, 1981 (Supp. 81-5). Repealed effective August 29, 1991 (Supp. 91-3). Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency a…

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …

Historical Note Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days …