Chapter 6. DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES

A. The licensee shall maintain the premises of the adult developmental home in a clean and sanitary condition to the degree that it does not present a health or safety hazard. B. The adult developmental home shall not have an accumulation of litter, rubbish, or garbage on the pre…

A. A licensee who transports clients shall have a current and valid driver’s license and shall have liability insurance for any vehicle which will be used to transport clients. An Adult Developmental Home household member who transports clients must be 18 years of age or older an…

Adult Developmental Home providers licensed by another jurisdiction, such as a county or a state agency other than the Department, or licensed by a tribal authority but located off-reservation, shall be licensed by the Division before the Division places a client in the setting. …

The licensee shall uphold and safeguard the rights of clients consistent with applicable federal and state laws, specifically including A.R.S. § 36-551.01, unless legally restricted or as addressed in the ISPP in accordance with Article 9. In addition to those rights specifically…

A license applicant or licensee may request from the Division an exemption of a rule contained in this Article. The request shall demonstrate that the intent of the rule will be met by alternate means and that the exemption will not endanger the lives or health of clients. Histor…

A. The licensee shall cooperate with the Division in assessing compliance with this Article. B. The licensee shall allow the Division access to the setting for home inspections and monitoring visits and shall allow the Division access to records, reports, and vehicles used to tra…

A. Any person who has a complaint about an adult developmental home may make the complaint known verbally or in writing to the Department. B. A complainant who has provided his name and address shall be notified that the complaint has been received and the notice shall indicate w…

A. The Division may deny, suspend, or revoke a license for violations of A.R.S. § 36-594. B. The Division may deny or revoke a license if a license applicant or licensee has been arrested for, convicted of, charged with, or pled no contest to any of the following criminal acts: 1…

A. When an application for a license is denied, or a license is suspended or revoked, the Division shall notify the license applicant or licensee of the right of appeal pursuant to R6-6-2201 et seq. (Appeals and Hearings), except that appeals from the decision of a hearing office…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-212 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsection (C) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-213 renumbered …

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-214 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-215 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-216 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsections (C), (D), and (F) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-218 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-219 renumbered from R6-6-11…

Historical Note Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-220 renumbered from R6-6-12…

A. This Article prescribes the cost of care contribution requirements for clients, parents of minor clients, and trusts, estates, and annuities of which the client is a beneficiary. This Article applies to: 1. Non-ALTCS clients receiving any services; 2. ALTCS clients receiving r…

A. The Cost of Care Portion Table (Appendix A) shows the percentage of the cost of services that a client is responsible for paying. B. The Cost of Care Portion Table (Appendix A) also shows the percentage of the cost of services that the parent of a minor client is responsible f…

A. For a client who is the beneficiary of an estate, trust, or annuity, the cost of care for services is the actual cost of all services and programs provided by the Division until the client meets the financial eligibility requirements for federal social security supplemental in…

A. The cost of care portion for a client receiving residential services is based on the amount of income or benefits the client receives, including Social Security, Veteran’s, and Railroad Retirement benefits. B. The client shall keep either 12% or $50 of the client’s monthly inc…

A. Each year, prior to July 1, the Division shall send a financial information form to each responsible party. B. The responsible party shall return the financial information form to the Division within 30 days of the date of the request. C. The responsible party shall provide th…

A. If a responsible party wants a review of the decision for the cost of care portion, the responsible party shall request the review, either orally or in writing, within 10 business days of the date on the billing statement to the Assistant Director, Division of Developmental Di…

ARTICLE 2. REPEALED Article 2, consisting of Sections R6-6-201 through R6-6-221, repealed effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Article 2, consisting of Sections R6-6-201 through R6-6-221, renumbered from Art…

During the initial application process and at each redetermination for eligibility, the applicant shall provide the Division with information on all health insurance which covers, or is available to cover, the person to receive services including, but not limited to, the name of …

A. As a condition of eligibility, each applicant shall assign to the Division rights to health insurance payments applicable to the person to receive services and agree to cooperate with the Division in obtaining medical support and insurance payments pursuant to A.R.S. § 36-596.…

A. Service providers shall identify and pursue collections of reimbursement from all probable sources of third-party liability. B. Service providers shall identify and notify the Division of any and all changes in health insurance information for clients. C. The Division is the p…

The Division shall monitor third-party payments made to service providers. The Division shall determine whether a service provider is in compliance with the requirements set forth in this Article by inspecting documents to assess: 1. Verifiability and reliability; 2. Appropriaten…

A. When a service provider renders service to a client, the service provider shall notify the Division with the information listed in R6-6-1305(B) not later than five days after rendering such service for an injury or condition for which a third party may be liable. B. The servic…

Historical Note Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1306 renumbered to Section R6-6-1305 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). ARTICLE 14. EX…

ARTICLE 15. STANDARDS FOR CERTIFICATION OF HOME AND COMMUNITY-BASED SERVICE (HCBS) PROVIDERS Article 15, consisting of Sections R6-6-1501 through R6-6-1533, adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). Article 1…

The following definitions apply in this Article: 1. “AHCCCS provider type” means the descriptive category of service types assigned to a provider by AHCCCS during the registration process for individuals or agencies providing services to ALTCS clients. 2. “Applicant” means an age…

This Article applies to an individual or agency that provides or wishes to provide Home and Community-based Services to clients. Historical Note Adopted effective May 12, 1982 (Supp. 82-3). Section R6-6-1501 repealed effective June 7, 1993, under an exemption from A.R.S. Title 41…

A. No individual shall provide Home and Community-based Services to clients unless the Division has certified the individual in accordance with this Article and, if providing services through ALTCS, registered the applicant with AHCCCS. B. The Division shall register the applican…

A. To become certified to provide a Home and Community-based Service to a client, an applicant shall file an application for an HCBS certificate with the Division and meet the requirements of this Article. B. The applicant shall complete application for an initial HCBS certificat…

For the purpose of A.R.S. § 41-1073, the Division establishes the following HCBS certificate time-frames: 1. Administrative completeness review time-frame: a. For an initial certificate, 60 days; b. For a renewal certificate, 25 days; and c. For an amended certificate, 25 days. 2…

A. The Division shall send the applicant a written notice within the administrative completeness review time-frame indicating that the application package is either complete or incomplete. B. If the application package is incomplete, the Division shall list the missing informatio…

An initial application package is complete when the Division has all of the following information: 1. From the applicant, a completed application form as prescribed in R6-6-1504 (B); and 2. From the applicant, the following documents listed on the application form: a. A completed…

A renewal application is complete when the Division has all the following information: 1. From the applicant, the following items: a. AHCCCS provider registration form; b. Documentation of current CPR and First Aid training, current driver’s license, and applicable professional l…

A request for an amended HCBS certificate is complete when the Division has the following information: 1. AHCCCS provider registration form, and 2. Documentation to support the requested change. Historical Note Adopted effective February 1, 1998 (Supp. 98-1).

A. Except as provided by R6-6-1521, the applicant shall cooperate with an initial health and safety inspection by ensuring the residence or facility which the applicant owns, rents, or leases, and in which the services are to be provided, if other than the client’s home is fully …

A. Except as otherwise provided by R6-6-1521, each applicant shall be fingerprinted by: 1. Filing a request with the Department on a form prescribed by the Department and paying the applicable fees; or 2. Filing a request with an agency authorized by state or federal statute to o…

A. The Division shall send a notice of renewal to the service provider 60 days prior to the expiration of the HCBS certificate. B. Not more than 30 days and not less than 10 days prior to the expiration date of a current HCBS certificate, an applicant shall apply to the Division …

A. The Division shall issue a new or renewal HCBS certificate to the applicant when it determines that: 1. The applicant meets the fingerprinting requirements provided by R6-6-1506; 2. Each applicant and the direct-care staff of a contracted agency possess any license, have compl…

A. An initial HCBS certificate is valid for one year from the date of issuance or a lesser period if so specified on the HCBS certificate. B. A renewal HCBS certificate is valid for one year from the date of issuance or a lessor period if so specified on the HCBS certificate. His…

A. A service provider shall request an amendment to the HCBS certificate when any of the following information or circumstances change: 1. Name, address, or telephone number; 2. Addition of a service to the Division’s service contract; 3. Deletion of a service to the Division’s s…

During the term of the HCBS certificate, each service provider shall keep the following requirements current: 1. Fingerprinting as provided by R6-6-1506; 2. Licensure, training, and professional experience as required in this Article; and 3. Records, as provided by R6-6-1519. His…

A. The Division shall conduct a compliance audit of each HCBS service provider’s records at least every two years. The Division shall schedule with the service provider the record audit at least two business days in advance. B. The Division may conduct an unscheduled compliance a…

A. Any person who has a complaint about an HCBS service provider may register an oral or written complaint with the Division. B. If the complainant provides his or her name and address at the time the complaint is registered, the Division shall, within 30 days, send the complaini…