Chapter 6. DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES

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 …

ARTICLE 20. CONTRACTS Former Article 20, consisting of Sections R6-6-2001 through R6-6-2016, recodified to Article 22; new Article 20, consisting of Sections R6-6-2001 through R6-6-2011, recodified from Article 19 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). Article …

The following definitions apply in this Article: 1. “Competitive solicitation” means an invitation from the Division to two or more parties for the submission of proposals for the provision of goods or services. 2. “Contract” means all types of state agreements, regardless of wha…

A. The Division shall procure goods and services in the manner prescribed in A.R.S. Title 41, Chapter 23 (“The Arizona Procurement Code”), except for goods and services described in Laws 1995, Ch. 84, § 3. B. The Division shall procure goods and services described in Laws 1995, C…

When a competitive solicitation does not result in the number of offerors required to meet the service needs of the clients, the Division shall: 1. Recruit a potential offeror by advertisement or other reasonable means of communicating the service need; 2. Verify that an offeror …

When the Division identifies an immediate or emergency need for service and current providers cannot meet the service need, the Division shall follow the steps listed in R6-6-2003 to procure the service. Historical Note Adopted effective March 7, 1983 (Supp. 83-2). Section repeal…

A. The Division shall solicit proposals from providers of acute care services. The Division shall include at least the following information in the request for proposals; 1. The time and date set for the proposal opening; 2. The address of the office at which proposals are to be …

A. The Division shall base proposal evaluations on the evaluation factors set forth in the request for proposals. B. The Division shall send a written notice of rejection to offerors whose proposals are rejected and maintain a copy of the notice in the procurement file. C. The As…

A. The Division shall award a contract: 1. To the qualified offeror who submits the most advantageous proposal to the state based on the evaluation factors set forth in the request for proposals; and 2. By the category of member, type of service, and geographic area. B. The Divis…

A. The Assistant Director shall resolve any protest filed concerning a contract proposal or award covered by this Article. B. An offeror may protest a contract proposal or award by filing a written protest with the Assistant Director. C. A protest shall include the following info…

The Division shall recruit individual providers for acute care services by following R6-6-2003(1), (2), and (3) when: 1. The Division has first tried to obtain offers by issuing a solicitation of service as prescribed in R6-6-2005; and 2. The Division finds; a. A response is not …

Historical Note Former R6-6-201 repealed, new Section R6-6-201 renumbered from R6-6-101 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-201 repealed, new Section R6-6-201 renumbered from R6-6-202 and amended…

When a new federal or state statute, regulation, rule, or programmatic change involving the DD/ALTCS program or administration requires the Division to comply by modifying current programs, the Division shall follow the steps in R6-6-2003(1), (2), and (3). Historical Note Adopted…

The Division shall maintain the following records relating to the procurement of contracts in the procurement file, if applicable: 1. A copy of the request for proposals; 2. The proposals received; 3. The best and final offers; 4. Written correspondence; 5. The basis for award; 6…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2012 renumbered to R6-6-2011, new Section R6-6-2012 renumbered from R6-6-2013 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2013 renumbered to R6-6-2012, new Section R6-6-2013 renumbered from R6-6-2014 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2014 renumbered to R6-6-2013, new Section R6-6-2014 renumbered from R6-6-2015 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2014 reco…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2015 renumbered to R6-6-2014, new Section R6-6-2015 renumbered from R6-6-2016 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2016 renumbered to R6-6-2015, new Section R6-6-2016 renumbered from R6-6-2017 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6…

Historical Note Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2017 renumbered to R6-6-2016 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). ARTICLE 21. DIVISION PROCUREMENT AND RATE SETTING – QUALIFIED VENDORS N…

Historical Note Former R6-6-202 repealed, new Section R6-6-202 renumbered from R6-6-102 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-202 renumbered to R6-6-201, new Section R6-6-202 renumbered from R6-6-2…

Historical Note Former R6-6-203 repealed, new Section R6-6-203 renumbered from R6-6-103 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-203 renumbered to R6-6-202, new Section R6-6-203 renumbered from R6-6-2…

Historical Note Former R6-6-204 repealed, new Section R6-6-204 renumbered from R6-6-104 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-204 renumbered to R6-6-203, new Section R6-6-204 renumbered from R6-6-2…

Historical Note Section R6-6-205 renumbered from R6-6-105 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-205 renumbered to R6-6-204, new Section R6-6-205 renumbered from R6-6-206 and amended effective Septe…

Historical Note Section R6-6-206 renumbered from R6-6-106 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-206 renumbered to R6-6-205, new Section R6-6-206 renumbered from R6-6-207 and amended effective Septe…

Historical Note Section R6-6-207 renumbered from R6-6-107 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-207 renumbered to R6-6-206, new Section R6-6-207 renumbered from R6-6-208 and amended effective Septe…

Historical Note Section R6-6-208 renumbered from R6-6-108 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-208 renumbered to R6-6-207, new Section R6-6-208 renumbered from R6-6-209 and amended effective Septe…

Historical Note Section R6-6-208 renumbered from R6-6-108 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-209 renumbered to R6-6-208, new Section R6-6-209 renumbered from R6-6-210 and amended effective Septe…

Historical Note Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-210 renumbered to R6-6-209, new Section R6-6-210 renumbered from R6-6-211 and amended effective Septe…

The following definitions apply to this Article: 1. “Agreement file” means the public, documented record of procurement transactions that is maintained by and available at the Division contracts management office. 2. “AHCCCS” means the Arizona Health Care Cost Containment System …

A. This Article shall apply to services purchased by the Division under the authority of A.R.S. § 36-557 and to reimbursement rates established by the Division under the authority of A.R.S. § 36-2959. This Article does not apply to services purchased by the Division under the Ari…

A. The Division shall post the following information on the Division web site: 1. All Requests for Qualified Vendor Applications; 2. A description of the Division’s anticipated service needs; 3. The Qualified Vendor application form or forms, if any, including a description of th…

A. To obtain a Qualified Vendor Agreement, an applicant shall submit a complete application to the Division that includes: 1. Identification of the services the applicant proposes to provide; 2. Identification of current and proposed locations at which service, administrative, or…

A. The Division shall enter into Qualified Vendor Agreements with an applicant that: 1. Meets the requirements defined of R6-6-2104, 2. Accepts the published rate or agreed upon negotiated rate, and 3. Accepts the terms and conditions of the Qualified Vendor Agreement as defined …

A. The Division shall maintain a list serv as one means of providing information and notices to providers of service and interested parties. B. The Division shall include on the Division list serv the contact information for all Qualified Vendors. C. The Division list serve conta…

A. A consumer or the consumer’s representative shall select providers of service from the Qualified Vendor Directory and Individual Independent Provider list or by requesting that the Division post to its web site a Vendor Call for Services. B. The Department shall provide a cons…

A. The Division may obtain services on an emergency basis when it determines there is an immediate and serious need for services that cannot be met through the procurement process defined in this Article and the procurement is necessary for the preservation or protection of prope…

A. In support of a consumer-responsive service delivery system, the Division shall provide a consumer or the consumer’s representative the opportunity to express and document their interest in utilizing services from a specific Qualified Vendor or Individual Independent Provider …

Historical Note Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-211 renumbered to R6-6-210, new Section R6-6-211 renumbered from R6-6-212 and amended effective Septe…

A. The Division shall issue authorizations to the Qualified Vendors selected by the consumer, the consumer’s representative or the Division to provide the needed services. B. The Division shall pay a Qualified Vendor based on the rates established in the Qualified Vendor Agreemen…

The Division shall terminate a Qualified Vendor Agreement and shall remove a provider from the Qualified Vendor List for any of the following reasons: 1. Upon request of the vendor, 2. When the Qualified Vendor Agreement has expired, 3. When a vendor no longer meets the criteria …

A. The Assistant Director may cancel a Request for Qualified Vendor Applications or a Vendor Call for Services in whole or in part if the Assistant Director determines that the cancellation is in the state’s best interest based on the following factors: 1. The availability of fun…

Historical Note New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4). Section repealed by final rulemaking at 18 A.A.R. 194, effective January 10, 2012…

A. The Division may establish a rate structure for community developmental disability services, including the rate structure for provider organizations, professional independent providers and individual independent providers. Each fiscal year, the Division shall review the reimbu…

A. The remedies in this Section apply to protests of the posting of a Request for Qualified Vendor Applications, the denial of a Qualified Vendor Application in its entirety, or denial of one or more services included in the Qualified Vendor Application. An applicant or Qualified…

A. Claims under Qualified Vendor Agreements shall be filed with the Department procurement officer within 12 months of the date the Department has denied payment. B. The Department procurement officer shall have the authority to settle and resolve Qualified Vendor Agreement claim…

All claims asserted by the state against a Qualified Vendor that are not resolved by mutual agreement shall promptly be referred by the Department procurement officer to the Department’s Office of Appeals for a hearing without regard to the procedures set forth in these rules. Th…

Hearings on appeals of claims decisions shall be conducted as contested cases pursuant to these rules and the Arizona Administrative Procedure Act (Title 41, Chapter 6, Article 1, Arizona Revised Statutes). Historical Note New Section made by exempt rulemaking at 9 A.A.R. 4656, e…