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Bills of Interest to
AAPPD Members 2007
MINIMUM WAGE MEASURES:
HB 2245:
Exempts businesses who rely, in good faith, on
substantive policy statements, rules and regulations published by
the Arizona Industrial Commission from liability for back wages and
damages associated with paying employees less than the
state-mandated minimum wage. STATUS: Signed by Governor.
OTHER PROVIDER ISSUES:
SB 1045: fingerprint clearance cards (Sen. Linda Gray).
Changes the statute governing the Board of Fingerprinting allowing,
rather than requiring, appointment of a hearing officer to determine
good cause exceptions. Adds several new offenses to the list of
those from which a good cause exception may not be obtained: sex
trafficking, sexual abuse, production publication, sale, possession
and presentation of obscene items, furnishing harmful items to
minors, obscene or indecent telephone communications to minors for
commercial purposes, luring a minor for sexual exploitation, and
soliciting or facilitating to commit any of the crimes on this
list. In addition, several offenses have been added to the list
from which good cause exceptions may be obtained: negligent
homicide, criminal damage, misappropriation of charter school
monies, identity theft, aggravated identity theft, trafficking in
the identity of another person or entity, cruelty to animals,
prostitution, sale or distribution of material harmful to minors
through vending machines, portraying an adult as a minor, admitting
minors to public displays of sexual conduct, welfare fraud, and
soliciting or facilitating to commit any of the crimes on this
list. STATUS: Referred to Sen Public Safety-Human Svcs 1/8.
Amended in Sen Public Safety-Human Svcs 1/18/07 for a few technical
corrections. From Senate Rules OK 1/23. Scheduled for Senate Caucus
1/23, on Senate Consent 1/24. From Senate COW with amendment 1/25
to add statutory references for definitions. Passed Senate 28-0 2/1.
Held in House Nat Resources and Public Safety 2/21. Amended in Nat
Resources and Public Safety 2/28, to move several offenses dealing
with prostitution, and pandering from the list from which good cause
exception are allowed to the list which prohibits receiving a
fingerprint clearance card. Amended further on the floor to include
polygamy and concubinage to offenses which prohibit issuance of a
card. Passed House 54-1 4/2. Senate concurred with House
amendments. Passed Final Read 27-0 4/12. Signed by Governor 4/18.
SB 1605: caregiver
services (Sen. O’Halleran, Rep. Meza, Sen. Miranda, Reps. Brown,
Mason).
Beginning 7/1/09, requires DES to license all caregiver agencies.
The Director is responsible for establishing rules and fees to
administer this chapter. Requires agency owners and caregivers to
have valid fingerprint cards. Caregivers must pass competency test
every two years. Caregivers who fail the test must participate in
an agency-established training program. Allows DHS to conduct
inspections of agencies for compliance. Prescribes conditions for
suspension or revocation of a license, removal of a licensee and
appointment of temporary personnel. Allows for criminal action and
civil penalties. STATUS: DEAD. Note: The bill to establish a
study committee for in-home caregiver services was passed (see HB
2587). There are provisions for inclusion of three in-home care
providers on the committee.
HB 2253: ALTCS;
developmental disabilities; reimbursement rates (Reps. Adams,
Anderson, Crandall).
Tightens the
requirements for annual and five year published rate studies by the
DDD, including prohibiting the use of the same financial consultants
for consecutive reviews and detailing that cost studies include
examination of costs in rural and urban areas, as well as
programmatic, indirect and administrative cost. STATUS:
DEAD. Note: DDD hired three consultants to perform the five year
published rate study, and required that work performed by any
consultant must be reviewed by the other two. AAPPD was successful
in ensuring that costs are collected by categories for this process,
including direct, indirect and administrative. Representative
provider companies were allowed to review cost collection tools and
make suggestions for improvements.
HB 2587: in-home
care providers study committee (Reps. Campbell CH, Farley,
Hershberger, Lopez, Saradnik, Ableser, Burns J, Campbell CL,
Crandall, DeSimone, Driggs, Groe, Lopes, Lujan, McLain, Meza,
Reagan, Thrasher, Tobin).
Establishes the In-Home Care Providers Study Committee to make
recommendations on training, basic educational requirements,
development of ethical and sensitivity training, appropriate level
of regulation, and the need for criminal and background checks.
Sponsor testified 2/8/07 that the concern is with the senior
population. The committee is comprised of 2 members of the House, 2
members of the Senate, 1 representative each from the State Board of
Nursing, the Board of Physical Therapists, a statewide group who
represents persons with cognitive and physical disabilities, an
organization that represents senior citizens, an state-wide
organization of social workers, an agency that provides in-home
care, two representatives of an agency that provides in-home care
services, two representatives of an assisted living provider
association, the Director of DHS, a psychologist specializing in
gerontology, a psychologist specializing in cognitive disabilities
and two consumers. The Committee is to report recommendations to
the Governor and Legislature by 8/31/08. STATUS: Signed by
Governor.
SPECIAL EDUCATION MEASURES:
SB 1018: school districts; tuition agreements (Sen.
Waring).
Allows two school districts to enter into a contract
allowing a district to pay tuition for the other district’s
acceptance of pupil(s) and requires the contract to detail how the
tuition is computed and timing of the payments. Amended to limit
agreements and subsequent renewals to 5 years each, and to allow
parent to choose not to participate in agreement. STATUS:
Signed by Governor.
SB
1487: schools; special education weights; increase (Sens. O’Halleran,
Aguirre, Burton Cahill, Reps. Cajero Bedford, Garcia M, Hershberger,
Lopez, Saradnik, Sinema, Thrasher, Sens. Arzberger, Huppenthal,
Soltero, Reps. Ableser, Alvarez, Lopes, Mason, Prezelski, Tobin).
Adds traumatic brain injury to special education funding categories,
and increases the weights for speech/language impairment and other
health impairments ($25M for Group A). Also requires school
districts to participate in the special education cost study and
appropriates $1 million to Extraordinary Special Education Needs
Fund. STATUS: DEAD. No new funding was approved for special
education this session.
HB 2184: schools;
special education definitions (Rep. Tobin).
Changes definitions
for special ed. Amended to ensure that a child previously
classified as a child with a disability for special education
purposes cannot be removed from that classification without a
re-evaluation. Signed by Governor.
HB 2251: special
education; school year (Sen. L Gray).
Allows special
education students to remain in school until the end of the school
year although they have reached 22 years of age. STATUS:
Signed by Governor.
HB 2393: special
education; surrogate parents (Rep. Crandall).
Changes
responsibility for appointment of a surrogate parent from the court
to the Department of Education. Requires appointment of a surrogate
parent under certain circumstances except when a foster parent meets
IDEA criteria to act as the parent for special education purposes.
Amended to ensure courts retain the right to appoint surrogate
parents and to ensure courts are informed of appointments of
surrogate parents by ADOE. Signed by Governor.
OTHER CONSUMER ADVOCACY MEASURES:
SB 1184: AHCCCS;
trusts (Sen. Leff).
Amends statutes
governing trusts exempt from assets from the purpose of eligibility
for ALTCS. Now requires a physician to determine medical necessity
of personal care services to be paid by the trust, and allows a
financially responsible relative of the beneficiary to provide
services, if the person is registered with AHCCCS, and the payments
do not exceed AHCCCS’ fee-for-service rates. Also allows a
financially responsible relative’s travel expenses to be reimbursed
from the trust when the relative travels with the beneficiary as a
companion. Adds the ability for AHCCCS to consider undue hardship
to the beneficiary when deciding whether to include trust income and
assets when a trust violation has occurred. STATUS: Signed by
Governor.
HB 2667:
appropriation; developmental disabilities (Reps. DeSimone, Garcia M,
Rios P, Bradley, Campbell CH, Campbell CL, Farley, Konopnicki,
Lopez, McGuire, Meza, Pancrazi, Thrasher, Sen. McCune-Davis).
Appropriates an as yet not determined amount for state-only services
provided to individuals through DES/DDD in FY 2007-08. Also
requires DDD to report to JLBC by 3/1/08 the number of people on the
waiting list for state only services. STATUS: DEAD.
OTHER MEDICAL ISSUE
MEASURES:
HB 2255:
pharmacies; quality assurance (Rep. Stump).
Requires that
pharmacies institute quality assurance programs to reduce medication
errors and improve customer service. Allows deemed status for
hospital pharmacies which are accredited. The Board of Pharmacy is
responsible for administration of the program. Amended to clarify
the conditions under which individuals’ pharmacy records may be
accessed STATUS: Signed by Governor.
HB 2757: health insurance; certain mandates excluded
(Reps. Adams, Boone, Stump).
Changes the “Small Business Health Insurance Plans” to allow certain
health and disability insurers to issue individual policies to small
businesses exempt from statutory mandates such as surgical benefits,
coverage for disabled major children, maternity coverage of adoptive
mother medical expenses, contraceptives, chiropractic services,
supplies, out-of-network occupational and physical therapy services,
certain non-formulary prescriptions, behavioral health services and
more. Redefines uninsured small business as a business with
2 to 50 employees who have been without health insurance for at
least six months. (As passed House). STATUS: Referred to
Senate Health 3/14.
DEAD, but
included in the budget with a few variations.
DENTAL COVERAGE MEASURES:
None of
the three bills introduced to provide some measure of preventative
dental coverage for ALTCS consumers survived, but the final budget
included a measure to allow all ALTCS members to receive this care,
up to $1,000 per year. AHCCCS is in the process of setting up
rules.
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