Chapter 6. DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES

Upon receipt of the decision from the Department’s Office of Appeals, the protester may seek relief through the Superior Court as provided in A.R.S. § 12-901 et seq. Historical Note New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4). AR…

Historical Note Section R6-6-212 renumbered from R6-6-112 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-212 renumbered to R6-6-211, new Section R6-6-212 renumbered from R6-6-213 and amended effective Septe…

Historical Note Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-213 renumbered to R6-6-212, new Section R6-6-213 renumbered from R6-6-214 and amended effective Septe…

Historical Note Section R6-6-214 renumbered from R6-6-114 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-214 renumbered to R6-6-213, new Section R6-6-214 renumbered from R6-6-215 effective September 30, 199…

Historical Note Section R6-6-215 renumbered from R6-6-115 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-215 renumbered to R6-6-214, new Section R6-6-215 renumbered from R6-6-216 effective September 30, 199…

Historical Note Section R6-6-216 renumbered from R6-6-116 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-216 renumbered to R6-6-215, new Section R6-6-216 renumbered from R6-6-217 effective September 30, 1993, under an …

Historical Note Section R6-6-217 renumbered from R6-6-117 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-217 renumbered to R6-6-216, new Section R6-6-217 renumbered from R6-6-218 effective September 30, 199…

Historical Note Section R6-6-218 renumbered from R6-6-118 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-218 renumbered to R6-6-217, new Section R6-6-218 renumbered from R6-6-219 and amended effective Septe…

Historical Note Section R6-6-219 renumbered from R6-6-119 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-219 renumbered to R6-6-218, new Section R6-6-219 renumbered from R6-6-220 and amended effective Septe…

Historical Note Section R6-6-220 renumbered from R6-6-120 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-220 renumbered to R6-6-219, new Section R6-6-220 renumbered from R6-6-221 and amended effective September 30, 199…

A. Any party aggrieved by a decision of the Department rendered in an administrative review in R6-6-1801 et seq. has the right to appeal under these rules. B. A DD/ALTCS member appealing an administrative review decision rendered in R6-6-1805 shall file a request for hearing with…

A. Any party appealing under these rules shall file a written request for hearing with the Department within 15 days after the mailing date of the Department’s decision. B. A document shall be considered received by and filed with the Department: 1. If transmitted via the United …

Any document mailed by the Department shall be considered as having been served on the addressee on the date it is mailed to the addressee’s last known address. The date mailed shall be presumed to be the date of the document, unless otherwise indicated by the facts. Historical N…

Any reference within this Article to “days” shall mean calendar days unless otherwise specified. In computing any period of time, the date of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so comp…

The appellant may appear for himself, or be represented by an attorney, or be assisted by any other person he designates. Historical Note Section R6-6-2205 recodified from R6-6-2005 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).

Benefits may be reduced or terminated prior to a hearing decision only as provided by federal statute, regulation, state statute or rules. Notice of any change shall be given to the appellant as soon as possible, including written notice ten days prior to the change. Historical N…

A. Hearings shall be held at those regularly established hearing locations most convenient to the parties or, at the discretion of the hearing officer, by telephone. The parties shall be given no less than 20 days notice of hearing, except that the parties may waive the notice pe…

Not less than five days before the date set for the hearing, any party may file a written request for change of hearing officer and the matter shall immediately be transferred to another hearing officer. A hearing officer may be challenged for cause at any time before a decision …

A. If there is no appearance on behalf of a party at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or may make his decision on the record and on such evidence as may be presented at the scheduled hearing, B. If, within 15 days of the scheduled h…

Historical Note Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-221 renumbered to R6-6-220 effective September 30, 1993, under an exemption from A.R.S. Title 41, Cha…

A. A prehearing summary of the facts and grounds for the action shall be prepared by the Division and must reach the Department no less than five days before the hearing. B. A copy of the summary shall be provided to the appellant at the same time that it is provided to the Depar…

The hearing officer may subpoena any witnesses or documents requested by any party, or upon his own motion. 1. The request shall be in writing and shall state the name and address of the witness and the nature of his expected testimony. The nature of the witness’ testimony must b…

A. Hearings shall be conducted in an orderly and dignified manner. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to everyone other than the parties to the extent necessary to protect the interests and rights of the pa…

A. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issue in dispute. B. The decision shall set forth the pertinent facts involved, the conclusions drawn…

An appeal may be terminated as follows: 1. By voluntary withdrawal if the appellant submits a signed letter or on the record at any time before the decision is issued. 2. By default when a party fails to appear at a scheduled hearing and fails to request a rescheduled hearing wit…

A. An appellant who is a non-DD/ALTCS client or non-ALTCS service provider may request review of an adverse hearing decision within 15 days after the decision is mailed or otherwise delivered to him. 1. The request for review shall be in writing, signed and dated. It shall set fo…

A. A party may request review of an adverse hearing decision within 15 days after the decision is mailed or otherwise delivered. B. The request for review shall be in writing, signed, and dated. It should set forth the grounds for the request and may be filed personally or by mai…

A. “Accreditation” means a status conferred on a provider by a nationally recognized agency that indicates the provider meets the professional standards of the reviewing body. B. “Applicant” means a provider requesting deemed status from the Department. C. “Application” means the…

A. To be eligible for deemed status, the provider shall: 1. Have a current accreditation from a nationally recognized agency for organizations, programs, and services the provider offers or seeks to offer to Division consumers. 2. Submit a letter to the Department’s Division of D…

A. Within 30 days of receiving an application for deemed status, the Department shall: 1. Review the application for completeness, and 2. Send written notification to the applicant if the application is incomplete. The written notification shall state: a. The reason the Departmen…

A. A provider with deemed status shall adhere to and be accountable for meeting all Department standards. B. A provider with deemed status shall provide the Department timely and complete copies of any correspondence or documents relating to the accreditation, including attachmen…

A. Deemed status shall expire on the earlier of the expiration date of the provider’s accreditation at the time of application for deemed status, or three years from the date deemed status is granted by the Department. B. The Department shall renew deemed status using the same pr…

A. The provider with deemed status shall advise the Department of any change in the provider’s accreditation within 10 days of the change. B. Failure to provide timely notice of a change in accreditation is grounds for revocation of deemed status. Historical Note New Section made…

Deemed status is not assignable or transferable. Historical Note New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).

A. The Department shall reduce its required monitoring visits for residential care service providers described in A.R.S. § 36-557(G)(2) from two times a year to one time a year for a residential care service provider with deemed status. B. If the Department determines that there …

A. The Department shall revoke deemed status: 1. When the accrediting agency finds one or more instances of uncorrected noncompliance with accreditation standards that affect health and safety; 2. When the accreditation status of the provider, program, or service expires without …

A. A provider seeking administrative review of the Department’s decision to revoke deemed status may, within 35 calendar days of the decision, file a written request with the Division. B. The Division shall review the request for an administrative review and render a written deci…

Any person adversely affected by an Appeals Board decision may seek judicial review as prescribed in A.R.S. § 41-1993. Historical Note New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).

In addition to the definitions in Article 1 of this Chapter, the following definitions apply to this Article: 1. “ALTCS” means Arizona Long-Term Care System under the Arizona Health Care Cost Containment System (AHCCCS). 2. “Autism” means the same as in A.R.S. § 36-551. 3. “Cereb…

A. In order to be eligible for the program, an individual shall: 1. Demonstrate lawful presence in the United States; 2. Be a resident of the state of Arizona; 3. Have a developmental disability as defined in A.R.S. § 36-551 and this Article; and 4. Complete the application proce…

A. For the purpose of eligibility determination, the Department shall accept the diagnoses of autism, cerebral palsy, epilepsy, and cognitive/intellectual disability as follows: 1. Autism. A psychiatrist, neurologist, licensed psychologist, or developmental pediatrician who has e…

A. The Department shall refer an individual with a developmental disability who may be eligible for the ALTCS to the Arizona Health Care Cost Containment System Administration (AHCCCS) to determine eligibility under ALTCS. B. The Department shall not provide services, other than …

When the Department determines an individual to be eligible and enrolls the individual in the program, the Support Coordinator, with the Planning Team, shall complete a Planning Document to document any necessary supports and services. Historical Note New Section R6-6-305 made by…

In an emergency, the Department may provide services without a Planning Document to an individual who has been enrolled in the program. The Planning Team shall complete a Planning Document for emergency services within 10 days of the enrollment. Historical Note New Section R6-6-3…

The Department may redetermine eligibility for the program: 1. As a result of periodic evaluations in accordance with A.R.S. § 36-565; or 2. At any time, as authorized by the Division’s Assistant Director or designee. Historical Note New Section R6-6-307 made by final rulemaking …

Members shall: 1. Inform the Support Coordinator of any change in personal information; 2. Participate in the development of the Planning Document and signify agreement or disagreement by signing the Planning Document; 3. Uphold all local, state, and federal laws and regulations;…

A. Pursuant to A.R.S. § 36-566(A) and (B), the Department may terminate eligibility following a 35-day written notice period to the member or the responsible person when: 1. The Department determines that the member no longer meets the conditions of eligibility for services; 2. T…

In addition to the definitions in Article 1 of this Chapter, the following definition applies to this Article: “Lawful presence” means the same as in R6-6-301. Historical Note Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7,…

A. An applicant shall: 1. Complete, sign, and submit an application on the form or by the method provided by the Division; 2. Participate in a face-to-face interview with a designated Department employee, if requested by the Division or the applicant; and 3. Submit information an…

The applicant shall provide documentation of the following: 1. Lawful presence of the person to whom services are to be provided, as required by A.R.S. § 1-502. 2. Residency. An applicant shall: a. Verify current residency and intent to remain in Arizona by signing the applicatio…