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Capitol Roundup – January 29, 2021

Capitol Roundup – January 29, 2021

A Slow Simmer
​At the Statehouse…
Just another casual, laid-back week of legislating and luxuriating. The protective fencing designed to ward of inauguration day marauders came down, a bit of rain fell, and everyone got along just fine for a change.

Oh, there was that little ethics complaint filed against newly-elected Sen. Wendy Rogers (R-6) by her former staffer, alleging abusive workplace behavior and demands that he work even while quarantined for COVID-19. And then, of course, there was the pressure from state Republican Party members for a recount after Kelli Ward’s re-election as state GOP chair (the irony was lost on no one). And yes, the Legislature did take steps toward rescinding the public health emergency declared by Gov. Ducey in March 2020 despite the ongoing rise in positive coronavirus cases and deaths from COVID-19. Apparently teamwork has its limits.

So, a tempest here and a kerfluffle there…like we said, just another typical week. But hey, GameStop stock did pretty well, all things considered.

Honey, It Might be Time for an Addition
In a nod to the “more is better” school of thought, two experienced lawmakers are convinced it’s time for Arizona to increase membership in the state House of Representatives from the current 60 to a cozier 90 starting in 2032. Senators JD Mesnard (R-17) and TJ Shope (R-8) are gung-ho behind Senate Continuing Resolution 1005, which calls for a ballot initiative in the 2022 general election asking Arizonans to approve creation of 90 House districts – three within each of the 30 Senate districts – in order to, in the sponsor’s view, create more democratic representation of the state’s residents, with better constituent service. They arenot alone in this view.

But it’s not an idea that has everyone feeling so ecstatic. Some observers, including a variety of Democratic legislators, see it as an effort to solidify Republican representation amidst the demographically shifting backdrop of the state. Others believe it would do the opposite, potentially diluting representation or reducing influence of legislators from rural areas.

Then, of course, there’s the cost. Squeezing 90 bodies into a space built for 60 isn’t feasible even if everyone goes keto. A new House building would be needed, along with a sizeable staffing increase to support 50 percent more members. That kind of sticker shock might be more than Arizonans can stomach.

The Hangover Persists
The year just past was notable for a number of unpleasant things, none more so, perhaps, than the toll it took on human lives in this state. According to the Arizona Dept. of Health Services, the death rate statewide increased nearly 25 percent over 2019 – with fingers pointing to COVID-19 as the main culprit. But the impact wasn’t evenly distributed: Two counties, Apache and Yuma, each saw their rates increase by nearly 50 percent. Indeed, a national study by WalletHub recently placed Arizona at or near the bottom nationally for pandemic safety in five different categories, earning it the title of “least safe state”.

Especially alarming to health care providers is the recent steep rise in hospitalizations of children and teens for conditions associated with the virus. According to chief medical officer for Banner Desert and Cardon Children’s hospitals, “It has increased exponentially since October” with hundreds of youths being admitted to hospitals around the state every week.
Rollin’, Rollin’, Rollin’
One of the keys to controlling spread of coronavirus in the state – vaccination – continues to be a source of consternation both for residents and those in charge of implementing a vaccination program. As a result, the statewide vaccine rollout has encountered more than a few bumps in the road. In addition, despite the fact the vaccine is available free of charge, many people – including an alarmingly large number of healthcare workers – are refusing to take it.

The state has used only about half the doses it was originally allocated and the county-by-county implementation process has been plagued by inconsistencies in eligibility criteria that are frustrating members of numerous communities. To make matters worse, the online registration sites for those wishing to be vaccinated have been anything but user-friendly – especially for many older adults. (The state says these challenges are being addressed.)
Throughout the early phases, key communities of highly vulnerable Arizonans have been excluded from access. Advocates are calling for prioritization of all individuals with disabilities and the entire senior population because of their increased risk of serious effects or death from COVID. In response to the many complaints from various quarters, Gov. Ducey this week issued new guidelines for ensuring better coordination of vaccine availability, accelerating the number of shots given, and full utilization of the state’s allocation, calling on the federal government to assist.

With the virus still spreading rapidly in the state, and new variants already detected here, a less chaotic rollout process can’t come too soon.
Spring Refraining
It is said the stock market hates uncertainty. So, too, it seems, does Cactus League baseball. And the uncertainty still surrounding COVID-19 in Arizona – punctuated by the high infection rate in Maricopa County – led Cactus League leadership this week to request a delay in opening 2021 spring training. Citing safety concerns for players and fans, as well as an expectation that spread of the virus will have abated substantially by mid-March, League officials asked Major League Baseball to call timeout on practices and games.
After being abruptly sent to the showers when the pandemic struck in 2020, fans and players alike are eager to resume their spring training traditions. And Cactus League leaders say whatever MLB decides, they’re prepared to begin games as scheduled on Feb. 27. As with everything in professional sports, though, there’s money on the table and that just throws a curveball into the whole discussion. The players union and MLB owners don’t necessarily see eye-to-eye. So what’s best for players and best for fans – and best for the economics of the sport – might depend on who you ask.
Priority Bills
  • H2023 (SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE) – Dept of Education required to investigate written complaints alleging that a “noncertificated person” has engaged in immoral or unprofessional conduct. State Board of Education authorized to review complaint to determine whether to take disciplinary action against noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting person’s employment at school district or charter school for up to five years. School districts and charter schools required to conduct search of educator information system maintained by Dept on prospective employee and prohibited from employing in position that requires valid fingerprint clearance card either certificated person whose certificate has been suspended, surrendered or revoked and not reinstated, or noncertificated person prohibited from employment at a school district or charter school by Board under this legislation. Passed House 58-0 01/28/21. Substituted for identical bill S1061, passed Senate 29-0. Ready for governor.
  • H2046 (DISABILITY LICENSE PLATES; MINORS) – Dept of Transportation required to issue special disability license plates to person who is parent or legal guardian of minor with permanent physical disabilities. Person issued special disability license plate on behalf of minor under this requirement may only use designated and marked parking space when transporting minor with permanent physical disabilities. Passed House 59-1 01/28/21. Ready for Senate.
  • H2065 (MEDICAL FREEDOM; PARENTAL RIGHTS) – Students no longer prohibited from attending school without submitting documentary proof of required immunizations to the school administrator. Schools prohibited from requiring student to receive recommended immunizations and from refusing to admit or otherwise penalizing student because student has not received recommended immunizations. Student who lacks documentary proof of immunization may be excluded from school only if student lacks immunization for which there is active case of disease that immunization is intended to prevent in that student’s school and if Dept of Health Services or local health department has declared outbreak of that disease for area that includes student’s school. Referred to House Health & Human Services and House Education.
  • H2082 (COERCION; THEFT BY EXTORTION) – Establishes crime of coercion and classifies coercion as class 1 (highest) misdemeanor. Person commits coercion by compelling or inducing another person to engage in conduct which that other person has legal right to abstain from engaging in, to abstain from engaging in conduct in which that other person has legal right to engage, or to join a group, organization or criminal enterprise which that other person has right to abstain from joining, by means of instilling in that other person fear that, if demand is not complied with, person or some other person will take any of a list of specified actions, including causing physical injury to person or engage in other conduct constituting a crime. Referred to House Judiciary.
  • H2102  (AHCCCS; PREGNANT WOMEN; DENTAL CARE) – List of covered services under AHCCCS is expanded to include comprehensive dental care during pregnancy for women at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from the general fund in FY2021-22 to the AHCCCS Administration for dental services to pregnant women and $3.63 million from the general fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of this benefit. Referred to House Health & Human Services and House Appropriations.
  • H2104 (DIFI; DIRECTOR; REPORT; SURPRISE BILLING) – Director of Dept of Insurance and Financial Institutions required to produce report on “surprise billing” (defined) by January 1, 2022, and submit report to Governor and Legislature. Director is authorized to contract with one or more entities to produce the report. Referred to House Health & Human Services.
  • H2107 (DCS; INVESTIGATION; SCHOOLS; CHILDREN; DISABILITIES) – A child safety worker or child safety investigator is authorized to enter school that teaches “child with a disability” (defined) to investigate report of abuse of such child at school. Referred to House Health & Human Services.
  • H2154 (MEDICAL CONDITIONS; MEDICAL MARIJUANA) – List of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder. Physician who provides written certification for qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to qualifying patient’s designated caregiver marijuana’s potency and quantity and frequency of use, assess qualifying patient on a monthly basis until physician is satisfied that qualifying patient is taking a stable dose for most beneficial results, and continue to monitor qualifying patient every six months. Physician also required to report results annually to Dept of Health Services. Requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to House Health & Human Services.
  • H2155 (EARLY CHILDHOOD MENTAL HEALTH; APPROPRIATIONS) – Establishes Early Childhood Mental Health Consultation and Referral Pilot Program to support social and emotional well-being of children who are not yet in kindergarten and to prevent, identify and reduce challenging behaviors. Dept of Economic Security required to award contract on competitive basis to service provider that demonstrates ability to implement Program. Appropriates $2 million from general fund in each of FY2021-22 through FY2025-26 to DES for Program. The Program self-repeals July 1, 2026. Referred to House Health & Human Services and House Appropriations.
  • H2184 (SEX EDUCATION; PARENTAL CONSENT; SCHOOLS) – School districts and charter schools prohibited from providing sex education instruction before 6th grade. Prohibits charter schools, in addition to school districts, from providing sex education instruction to student unless student’s parent provides written permission (opt-in). Written permission from parent also required for student to participate in instruction on AIDS and HIV. School districts and charter schools required to make any sex education curricula, including curricula related to instruction on AIDS/HIV, available for parent’s review, and to notify parents where curricula is available before parent provides written permission. Before school district or charter school offers sex education instruction, school district governing board or charter school governing body required to review and approve sex education course of study and ensure compliance with statute. Before approval, board must make any proposed sex education course of study available to public for review and comment. By December 15, 2021, each school district and charter school that offers any sex education instruction is required to review its course of study and revise it to comply with legislation. Referred to House Education and House Health & Human Services.
  • H2186 (PROSECUTION; DEFERRED; DIVERTED) – County attorney no longer prohibited from diverting or deferring the prosecution of a person who has been previously convicted of a serious offense, a sexual offense, a dangerous offense, or a dangerous crime against children, or who has been convicted three or more times of either personal possession of a controlled substance or personal possession of drug paraphernalia. To be heard in House Judiciary Wednesday 02/03/21, 9:00 AM, House Rm. 4. Watch here.
  • H2213 (SEXUAL VIOLENCE; INTERPRETERS; SERVICE PROVIDERS) – A linguistic interpreter is prohibited from disclosing as a witness and communication between a victim and a linguistic interpreter is protected in the same manner as communication between a victim and a crime victim advocate. Establishes the Sexual Assault Services Fund, to be administered by the Department of Economic Security (DES). DES is required to spend monies in the Fund to provide financial assistance through a competitive grant process to “sexual violence service providers” (defined) for victims of sexual violence through contracts for services. Eligibility requirements to receive Fund monies are specified. Appropriates $10 million from the general fund in FY2021-22 to the Fund for providing the grants. Referred to House Judiciary and House Appropriations.
  • H2233 (APPROPRIATION; DOMESTIC VIOLENCE; SEXUAL ASSAULT) – Appropriates $2 million from general fund in FY2021-22 to Dept of Economic Security to distribute to Indian tribes located in Arizona for culturally sensitive domestic violence and sexual assault crisis intervention. Referred to House Judiciary and House Appropriations.
  • H2251 (SEX EDUCATION; COMPREHENSIVE; MEDICALLY ACCURATE) – School districts required to provide sex education that is “medically accurate” and “comprehensive” (both defined). At request of student’s parent, school district is required to excuse student from instruction on sex education (opt-out). School districts required to notify each parent of ability to withdraw student from instruction. On request, Dept of Education required to assist school district with suggested course of study and/or teacher training.  No actions posted for this bill.
  • H2254 (END-OF-LIFE DECISIONS; TERMINALLY ILL PATIENTS) – “Qualified patient” (defined) permitted to make written request for medication to end patient’s life. Establishes process for request, including requirement for it to be signed and witnessed by at least two persons who meet specified requirements. Also establishes required procedures for attending physician and consulting physician. Requires 15-day waiting period and provides for effect on construction of wills and contracts. Specifies immunities and civil penalties for violations. Severability clause. Referred to House Health & Human Services and House Judiciary.
  • H2256 (MEDICAL MARIJUANA; PHYSICIANS; DEFINITION) – For purpose of medical marijuana regulations, definition of “physician” is expanded to include licensed nurse practitioner or licensed physician assistant who is authorized to prescribe opioids. Legislation requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to House Health & Human Services and House Commerce.
  • H2269 (INSURANCE; PREEXISTING CONDITIONS; ESSENTIAL BENEFITS) – Every health care insurer that offers individual or “small employer group” (defined) health plan in Arizona is required to provide coverage for at least following ten essential benefits: ambulatory services, emergency services, hospitalization, maternity and newborn care, mental health and substance abuse disorder services, prescription drugs, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services, and pediatric services, including oral and vision care. Health care insurers cannot prohibit or deny health plan for individual under an individual or small employer group plan based solely on individual’s health status, include “preexisting condition exclusions or limitations” (defined) in any health plan, cancel or refuse to renew health plan based solely on individual’s preexisting condition, impose annual or lifetime dollar limits on essential benefits listed, or apply additional deductible, copayment or coinsurance based solely on an individual’s preexisting condition. Referred to House Health & Human Services.
  • H2275 (AHCCCS; DENTAL CARE; PREGNANT WOMEN) – List of covered services under AHCCCS is expanded to include comprehensive dental care for women at least 21 years of age and in any stage of pregnancy. Appropriates $178,900 from the general fund and $478,300 from federal Medicaid authority in FY2021-22 to AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from Prescription Drug Rebate Fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to introduction of dental benefit for pregnant women. Referred to House Health & Human Services and House Appropriations.
  • H2290 (HEALTH CARE INSTITUTIONS; ACCREDITATION; INSPECTIONS) – Dept of Health Services authorized to accept accreditation report in lieu of compliance inspection for any health care institution, instead of only behavioral health residential facility providing services to children, only if institution is accredited by independent, nonprofit accrediting organization approved by Secretary of the U.S. Dept of Health and Human Services, and institution has not been subject to enforcement action within year preceding annual licensing fee anniversary date. Passed House Health & Human Services 01/25/21. To be heard in House Rules Monday 02/01/21 1:00 PM, House Rm. 4. Watch here.
  • H2291 (AHCCCS; PREGNANT WOMEN; DENTAL CARE) – List of covered services under AHCCCS is expanded to include comprehensive dental care during a pregnancy for women at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from general fund in FY2021-22 to AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. Passed House Health & Human Services 01/25/21. Held on House Appropriations agenda.
  • H2298 (MEDICAL MARIJUANA; RESEARCH; GRANTS) – Arizona Biomedical Research Center in Dept of Health Services required to provide competitive grants from monies in Medical Marijuana Fund for marijuana research studies, including clinical testing for safety and efficacy of using marijuana and researching public health implications of medical marijuana use in Arizona and impacts of marijuana interactions with prescription drugs. Center authorized to provide up to $5 million annually for five consecutive years from Fund to administer and award competitive grants. Legislation requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Passed House Health & Human Services 01/25/21. To be heard in House Rules Monday 02/01/21 1:00 PM, House Rm. 4. Watch here.
  • H2299 (DHS; LONG-TERM FACILITY SURVEYORS) – Makes supplemental appropriation of $1 million and 13 FTE from the general fund in FY2021-22 to Dept of Health Services to hire additional long-term care facility surveyors. Passed House Health & Human Services as amended 01/25/21. Passed House Appropriations 01/27/21.
  • H2300 (GROUP HOMES; MONITORING; APPROPRIATION) – Establishes 3-year Developmental Disabilities Group Home Monitoring Pilot Program in Dept of Economic Security, which requires designated entity to monitor and inspect in person all group homes once each year and take other specified regulatory actions. DES required to develop process to determine which of its clients are at higher risk of abuse or neglect. Appropriates $1.2 million from general fund in FY2020-21 to DES for Pilot Program. Referred to House Health & Human Services and House Appropriations.
  • H2369 (EARLY BALLOTS; NOTARIZATION; IDENTIFICATION) – Requires voter’s signature on early ballot return envelope to be notarized. For early ballot that is delivered to polling place or other location designated to receive voted early ballots, voter is required to present identification to election board worker as required for in-person voting. Family member and household member are removed from list of persons authorized to collect early ballot on behalf of voter. Referred to House Government & Elections.
  • H2370 (PERMANENT EARLY VOTING LIST; REPEAL) – Repeals permanent early voting list. No actions posted for this bill.
  • H2409 (ADULT PROTECTIVE SERVICES; AUDIT; APPROPRIATION) – Auditor General required to engage independent consultant with expertise in adult protective services operations and investigations to examine current adult protective services and consider best practices to improve delivery of services in Arizona. Consultant required to submit report of its findings and recommendations to Governor and Legislature by July 1, 2022. Appropriates $300,000 from the general fund in FY2021-22 to Auditor General for this purpose. Referred to House Health & Human Services and House Appropriations.
  • H2423 (IMMUNIZATIONS; EXEMPTION; REQUIREMENTS) – A person who is required to receive an immunization for any purpose, including as condition of employment, school attendance or obtaining any license, certification or degree, allowed to claim exemption from immunization requirement if there is not a vaccine that has been approved by the U.S. Food and Drug Administration available to fulfill requirement that also meets all of a list of specified criteria, including that risk of permanent disability or death from vaccine has been proven to be less than that caused by infection it is intended to prevent. A person may claim exemption on person’s own behalf or on behalf of person’s child or dependent. Referred to House Health & Human Services.
  • H2428 (VICTIMS’ PRIVACY; CRIMINAL CASE INFORMATION) – A victim’s identifying and locating information obtained, compiled or reported by law enforcement agency or prosecution agency must be redacted from records pertaining to criminal case involving victim, including discovery disclosed to defendant’s attorney or any of attorney’s staff. Passed House Criminal Justice Reform 01/28/21. To be heard in House Rules Monday 02/01/21 1:00 PM, House Rm. 4. Watch here.
  • H2454 (TELEHEALTH; HEALTH CARE PROVIDERS; REQUIREMENTS) – Modifies requirements for health and disability insurers to cover telehealth services, and applies these requirements to policies issued, delivered or renewed on or after January 1, 2021. Insurers required to reimburse health care providers at same level of payment for equivalent services whether provided through telehealth or in-person care. Definition of “telehealth” expanded to include use of audio-only telephone encounter between insured and health care provider if specified conditions are met. Medical examinations for workers’ compensation insurance may be conducted via telehealth with consent of both employee and requesting party. Health care provider regulatory board or agency prohibited from enforcing any statute, rule or policy that would require health care provider licensed by that board or agency and authorized to write prescriptions to require in-person examination of patient before issuing a prescription, except as specifically prescribed by federal law. Health care providers required to make good faith effort to use best practices in determining whether health care service should be provided through telehealth instead of in person. Health care providers licensed in another state authorized to provide telehealth services to person in Arizona if provider complies with list of requirements, including maintaining liability insurance and following community of care standards. Establishes 22-member Telehealth Advisory Committee on Telehealth Best Practices to review standards for telehealth best practices and relevant peer-reviewed literature. Emergency clause.  To be heard in House Health & Human Services Monday 02/01/21 2:00 PM, House Rm. 4. Watch here.
  • H2509 (AHCCCS; DES; PROGRAM DATA) – Director of AHCCCS is required to post on AHCCCS public website comprehensive, disaggregated data on utilization and program demographics for AHCCCS, Arizona Long-Term Care System (ALTCS), and Children’s Health Insurance Program (CHIP or KidsCare). Director of Dept of Economic Security (DES) required to post on DES public website comprehensive, disaggregated data on utilization and program demographics for unemployment insurance, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and child care assistance. AHCCCS Director and DES Director required to update this data quarterly. No actions posted for this bill.
  • H2521 (LONG-TERM CARE; HEALTH AIDES) – Subject to approval by Centers for Medicare and Medicaid Services, Director of AHCCCS Administration required to implement program under which licensed health aide services may be provided to Arizona Long-Term Care System (ALTCS) members under 21 years of age. Licensed health aide services may be provided only by parent, guardian or family member who is licensed health aide employed by Medicare-certified home health agency service provider. Person who wishes to practice as licensed health aide required to apply to Board of Nursing and pay application fee of $50. Establishes qualifications for licensure as health aide, including completion of training program approved by Board and competency examination. To be heard in House Health & Human Services Monday 02/01/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2531 (AHCCCS; ELIGIBILITY DETERMINATION) – Subject to approval by Centers for Medicare and Medicaid Services, AHCCCS Administration required to use average of six months of income to determine person’s eligibility for AHCCCS benefits. To be heard in House Health & Human Services Monday 02/01/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2532 (EMOTIONAL ABUSE; VULNERABLE ADULTS) – For purpose of Adult Protective Services statutes, definition of “abuse” is expanded to include “emotional abuse” (defined). No actions posted for this bill.
  • H2533 (STATEWIDE ADA COORDINATOR; APPROPRIATION) – Governor’s Office of Equal Opportunity required to hire full-time statewide Americans with disabilities coordinator to implement annual plan to carry out requirements of Americans with Disabilities Act in Arizona. Appropriates $100,000 and 1 FTE position from general fund in FY2021-22 to Office for coordinator. No actions posted for this bill.
  • H2534 (HEALTH CARE INSTITUTIONS; EDUCATION; ABUSE) – Dept of Health Services and Dept of Economic Security required to jointly develop curriculum to educate and train all persons who are employed in capacity of caring for vulnerable adults on signs of neglect and abuse, including sexual abuse. Beginning January 1, 2022, each health care institution, group home and intermediate care facility for individuals with intellectual disabilities required to provide mandatory education and training using curriculum to each person working in health care institution, group home or intermediate care facility that provides care to vulnerable adults. Person is required to complete education and training before beginning employment and update the education and training annually. Emergency clause. No actions posted for this bill.
  • H2535 (MANDATORY REPORTING; VULNERABLE ADULTS; PENALTIES) – List of persons with duty to report reasonable belief that vulnerable adult has been victim of abuse, neglect or exploitation is expanded to include any “health professional” who has responsibility for care of vulnerable adult. If failure to report involves sexual offense, criminal classification is class 6 (lowest) felony, instead of class 1 (highest) misdemeanor. Emergency clause. No actions posted for this bill.
  • H2536 (SCHOOLS; INDIVIDUALIZED EDUCATION PROGRAMS; COMPLIANCE) – On receiving “special needs transfer student,” “receiving school” (both defined) required to recognize requirements specified within existing individualized education program (IEP), and ensure that specific educational services required in existing IEP are provided to student within 30 days after student’s first day of attendance at school. Receiving school may contest validity of existing IEP, but is required to follow requirements of existing IEP while it is being challenged and reevaluated, unless receiving school, with consent of parent, provides funding directly to parent to purchase appropriate services, in accordance with state and federal law. No actions posted for this bill.
  • H2538 (SUPPORTED DECISION-MAKING; SUPPORTER OBLIGATIONS) – Adds new article to Title 14 (Trusts, Estates and Protective Proceedings) regulating “supported decision-making agreements,” defined as agreement between adult with “disability” (defined as physical or mental impairment that substantially limits one or more major life activities) and “supporter” (defined) to enable adult to make life decisions without impeding adult’s self-determination. Adult is authorized to voluntarily enter into supported decision-making agreement to authorize supporter to provide supported decision-making, assist adult with accessing relevant information and understanding that information, and assist adult in communicating adult’s decisions to appropriate persons. Supported decision-making agreement is required to set forth rights and obligations of both adult and supporter. If supporter intimidates or deceives adult in procuring supported decision-making agreement, supporter is subject to criminal prosecution and civil penalties. Supporter prohibited from receiving compensation as result of supporter’s duties under supported decision-making agreement. An “interested person” (defined) authorized to file verified petition with superior court to determine validity of supported decision-making agreement. Supported decision-making agreement required to be signed by adult and supporter in presence of two or more subscribing witnesses or notary public. Supported decision-making agreement terminates if at any time adult becomes “incapacitated person” or on appointment of guardian. Establishes standard form for supported decision-making agreements and requires supported decision-making agreements to be in substantially that form. Supported decision-making agreement is added to definition of “governing instrument” for purpose of Title 14. Effective January 1, 2022. No actions posted for this bill.
  • H2539 (AHCCCS; COMPLEX REHABILITATION TECHNOLOGY) – AHCCCS required to establish focused rules and policies for “complex rehabilitation technology” (defined) products and services that consider customized nature of complex rehabilitation technology and broad range of services necessary to meet unique medical and functional needs of people with complex medical needs. Provisions that must be included in rules and policies are listed. No actions posted for this bill.
  • H2540 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida” (defined). No actions posted for this bill.
  • H2565 (AREA AGENCIES ON AGING; APPROPRIATION) – Appropriates $2.5 million from general fund in FY2021-22 to Dept of Economic Security to distribute to area agencies on aging for home and community-based services. Legislature intends that this appropriation be considered ongoing funding in future years. Referred to House Health & Human services and House Appropriations.
  • H2584 (NURSING SUPPORTED GROUP HOMES; LICENSURE) – By July 1, 2022, “nursing supported group home” (defined) operated in Arizona by service provider under contract with Dept of Economic Security is required to be licensed as health care institution. Effective July 1, 2022, nursing supported group homes added to various statutes regulating group homes. A nursing supported group home is not required to comply with zoning standards for health care institution prescribed by Dept of Health Services. Referred to House Health & Human Services.
  • H2585 (OCCUPATIONAL THERAPISTS; FINGERPRINT CLEARANCES CARDS) – Beginning January 1, 2022, applicant for licensure by Board of Occupational Therapy Examiners is required to possess valid fingerprint clearance card, instead of being required to submit full set of fingerprints for criminal records check. Effective January 1, 2022. To be heard in House Health & Human Services Monday 02/01/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2600 (SEXUAL ASSAULT SURVIVORS; RIGHTS) – Establishes list of rights that survivor of sexual assault has, including right to consult with sexual assault victim advocate, right to not be charged for medical evidentiary examination, right to prompt analysis of sexual assault kit evidence, right to be reasonably protected from defendant, and right to not be required to submit to polygraph examination. No actions posted for this bill.
  • H2647 (SCHOOLS; SEX EDUCATION INSTRUCTION) – All school districts and charter schools required to provide sex education instruction that is “medically accurate” and “age-appropriate” (both defined) for students kindergarten through grade 12. Information that must be included in sex education instruction is specified. Sex education for grades 6 through 12 required to stress importance of using effective methods of contraception, including abstinence, to prevent unintended pregnancy and protect against sexually transmitted infections. School districts and charter schools required to make sex education instruction materials available for parental review. Student may be excused from any part of instruction only at written request of student’s parent or guardian. Parents have right to opt out of sex education, instead of right to opt in. Statute governing parental involvement in schools and requiring school boards to adopt policies promoting parent involvement that include list of required provisions is expanded to include charter schools. No actions posted for this bill.
  • H2701 (POLLING PLACES; IDENTIFICATION; EARLY VOTING) – Various changes relating to elections and polling places. Any qualified elector is authorized to vote by early ballot in person at any polling place. A qualified elector may vote by mail only if elector is physically unable to cast ballot within period for early voting, or has physical disability, is confined to nursing home or other similar facility, is on military duty or temporarily residing outside Arizona. County boards of supervisors required, instead of allowed, to authorize use of voting centers in place of specifically designated polling places for 30 days before day of election. A county with population of less than 200,000 persons required to have maximum of four voting centers, county with population of 200,000 persons or more and less than 1 million persons required to have maximum of eight voting centers, and county with population of 1 million persons or more required to have maximum of fifteen voting centers, as determined by board of supervisors. Election precinct lines required to be drawn to include as priority public elementary, middle and high schools within election precinct. School principals no longer authorized to deny request to provide space for use as polling place. A driver license applicant required to submit proof of identity by presenting all of following documentation: original or certified copy of U.S. passport or birth certificate, proof of social security number by presenting original or copy of social security card or W-2 form, and proof of residency in Arizona in two forms, such as utility bill or bank statement. List of satisfactory proof of U.S. citizenship that county recorder may accept for voter registration expanded to include identification card issued by Arizona or U.S. Due to voter protection, several sections of legislation require affirmative vote of at least 3/4 of members of each house of Legislature for passage. No actions posted for this bill.
  • H2710 (SEX EDUCATION; CHILD ABUSE PREVENTION) – School districts and charter schools prohibited from providing sex education instruction to student before 6th grade. If school district or charter school offers sex education instruction, the instruction is required to be medically and factually accurate, and to emphasize biological sex and not gender identities. School districts and charter schools prohibited from providing instruction to student without written permission from student’s parent. All sex education materials and instruction required to promote honor and respect for monogamous marriage. Beginning in 2020-21 school year, school districts and charter schools required to establish education and training on child abuse prevention for both school personnel and students in kindergarten through 5th grade. This education and training must be designed to promote self-protection and accountability and to prevent abuse of children, including sexual abuse, and other requirements for training are established. School districts and charter schools are also required to provide personnel with education and training on prevention techniques for and recognition of child abuse, and information that must be included is specified. School district schools and charter schools also required to post in public area of school that is readily accessible to students a sign that is at least 11 inches by 17 inches, placed at students’ eye level, and contains list of information related to child abuse, child neglect and exploitation of children in English and in Spanish, including telephone number of centralized intake hotline concerning suspected abuse and neglect of children. Authorization for school districts to provide instruction to students on acquired immune deficiency syndrome and human immunodeficiency virus is limited to students in grades 6 through 12. Appropriates $415,000 from general fund in FY2021-22 to Dept of Education to distribute to school districts and charter school to establish education and training on child abuse prevention as required by legislation. No actions posted for this bill.
  • H2725 (STATE DOCUMENTS; SEX IDENTIFICATION) – Summary to come. No actions posted for this bill.
  • H2729 (SPECIAL EDUCATION; GROUP B WEIGHTS) – Summary to come. No actions posted for this bill.
  • H2733 (SCHOOLS; GROUP B WEIGHT; ELIGIBILITY) – Summary to come. No actions posted for this bill.
  • S1003 (EARLY VOTING; SIGNATURE REQUIRED; NOTICE) – If signature is missing from early ballot envelope, county recorder or other officer in charge of elections required to make reasonable efforts to contact voter, advise voter of missing signature and allow voter to add signature no later than 7:00 PM on election day. Information that must be printed in instructions to early voters must include statement that ballot will not be counted without voter’s signature on envelope. Session law states that Legislature intends these are clarifying changes only and do not provide for any substantive change in the law. To be heard in Senate Government Monday 02/01/21 2:00 PM, Senate Rm. 1. Watch here.
  • S1005 (SCHOOLS; CHILD ABUSE PREVENTION EDUCATION) – Beginning in 2021-22 school year, school districts and charter schools required to establish education and training on child abuse prevention for employees and students in accordance with guidelines and curricula developed by Dept of Education. Information that must be included in education and training is specified. Each public school required to post in public area of school that is readily accessible to students sign that contains telephone number operated by Dept of Child Safety to receive reports of child abuse or neglect. Referred to Senate Education and Senate Appropriations.
  • S1007 (PARENTAL RIGHTS; TERMINATION; SEXUAL ASSAULT) – At any time, parent of child who was conceived as result of “sexual assault” (defined) committed against that parent by child’s other parent may file petition to terminate parental rights of parent who committed sexual assault. Court authorized to grant petition to terminate parental rights if it finds by clear and convincing evidence that child was conceived as result of such sexual assault. It is presumed that termination of parental rights under these circumstances is in best interest of child. If parent who is subject of the petition pleads guilty to or is convicted of sexual assault, court must accept guilty plea or conviction as conclusive proof that child was conceived as result of sexual assault by that parent. Referred to Senate Judiciary.
  • S1008 (CLERGY; PRIESTS; DUTY TO REPORT) – List of persons with duty to report reasonable belief that minor has been victim of abuse or neglect is modified so that member of clergy or priest who has received confidential communication or confession about abuse cannot withhold reporting of communication or confession if there is reasonable suspicion to believe that abuse is ongoing, will continue or may be threat to other minors. Member of clergy or priest who has knowledge or reasonable suspicion that person is committing or may commit child abuse or neglect required to immediately report information to peace officer, to Dept of Child Safety or to tribal law enforcement or social services agency, except if report concerns person who does not have care, custody or control of minor, report must be made to peace officer only. Some exceptions. Referred to Senate Health and Human Services.
  • S1028 (ALTERNATIVE ASSESSMENT; SPECIAL EDUCATION) – State Board of Education required to adopt rules that allow student to participate in alternative testing instead of required statewide testing if student is enrolled in special education program and meets criteria specified by Board. Establishes 13-member Alternative Assessment Study Committee to discuss alternative assessments and related issues. Passed Senate Education as amended 01/20/21. Passed Senate 28-1 01/28/21. Ready for House.
  • S1058 (SCHOOLS; LEARNING MATERIALS; ACTIVITIES) – By July 1 of each year, each school district and charter school required to prominently list on publicly accessible portion of website “learning materials” and “activities” (both defined) that were used for student instruction at school during prior school year, organized by subject area and grade, and any procedures in effect for review or approval of learning materials and activities. Information that must be included in list is specified. Passed Senate Education as amended 01/26/21. To be heard in Senate Rules Monday 02/01/21 1:00 PM, Caucus Rm. 1. Watch here.
  • S1059 (MENTAL DISORDERS; CONSIDERATIONS; INVOLUNTARY TREATMENT) – For purpose of statutes relating to mental health services, including court-ordered evaluation and treatment, definition of “mental disorder” modified to remove language distinguishing mental disorder from conditions that are primarily those of drug abuse, alcoholism, or intellectual disability and from character and personality disorders. Person who has substance use disorder without any co-occurring mental disorder cannot be considered for involuntary treatment. Person who initially presents with impairments consistent with both mental disorder and substance use disorder eligible for screening and evaluation, and may be eligible for involuntary treatment if, after considering person’s history, appropriate examination and reasonable period of detoxification, impairments of mental disorder persist or recur. Person who has intellectual disability or character or personality disorder cannot be considered for involuntary treatment unless person also has mental disorder that would benefit from treatment. Passed Senate Health and Human Services 01/20/21.
  • S1061 (SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE) – Dept of Education required to investigate written complaints alleging that a “noncertificated person” has engaged in immoral or unprofessional conduct. State Board of Education authorized to review complaint to determine whether to take disciplinary action against noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting person’s employment at school district or charter school for up to five years. School districts and charter schools required to conduct search of educator information system maintained by Dept on prospective employee and prohibited from employing in position that requires valid fingerprint clearance card either certificated person whose certificate has been suspended, surrendered or revoked and not reinstated, or noncertificated person prohibited from employment at a school district or charter school by Board under this legislation. Passed Senate Education 01/13/21. Identical bill H2023 substituted. Passed House 58-0 01/28/21. Ready for Governor.
  • S1085 (NURSING-SUPPORTED GROUP HOMES; LICENSURE) – By July 1, 2022, “nursing supported group home” operated in Arizona by service provider under contract with Dept of Economic Security required to be licensed as health care institution. Effective July 1, 2022, nursing supported group homes added to various statutes regulating group homes. Nursing supported group home not required to comply with zoning standards for health care institution prescribed by Dept of Health Services. Passed Senate Health and Human Services 01/20/21. Passed Senate 28-1 01/28/21. Ready for House.
  • S1092 (DEAF; HARD OF HEARING; DEAFBLIND) – Duties of Commission for the Deaf and the Hard of Hearing expanded to include issues and services relating to needs of “deafblind” (defined), and to include making recommendations to Legislature on assessment standards that optimize language acquisition and literacy development of deaf and hard of hearing newborns, infants and children. Passed Senate Health and Human Services 01/28/21. To be heard in Senate Rules Monday 02/01/21 1:00 PM, Caucus Rm. 1. Watch here.
  • S1093 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida”. Passed Senate Health and Human Services Wednesday 01/28/21. To be heard in Senate Rules Monday 02/01/21 1:00 PM, Caucus Rm. 1. Watch here.
  • S1097 (PUPILS; EXCUSED ABSENCES; MENTAL HEALTH) – Arizona Dept of Education required to identify absence due to mental or behavioral health of pupil as excused absence. ADE authorized to adopt guidelines and rules for determining what constitutes absence due to mental or behavioral health of pupil. Passed Senate Education 01/20/21. Passed Senate 29-0 01/28/21. Ready for House.
  • S1114 (SCHOOLS; REQUIRED POSTING; ABUSE HOTLINE) – School district schools and charter schools required to post in clearly visible location in public area of school that is readily accessible to students a sign that contains telephone number of centralized intake hotline concerning suspected abuse and neglect of children, instructions to call 911 for emergencies, and directions for accessing website of Dept of Child Safety for more information. Referred to Senate Education.
  • S1126 (APPROPRIATION; BEHAVIORAL RISK FACTOR SURVEY) – Appropriates $160,000 from general fund in FY2021-22 to Dept of Health Services to fund Arizona-specific behavioral risk factor surveillance survey on cognitive decline and caregiver modules. Passed Senate Appropriations 01/20/21. Passed Senate 28-1 01/28/21. Ready for House.
  • S1135 (INCOME TAX SUBTRACTION; 529 CONTRIBUTIONS) – Subtraction from Arizona gross income for purposes of individual income taxes for contributions to college savings plans established under section 529 of federal Internal Revenue Code modified to allow taxpayers to subtract up to $2,000 per beneficiary, instead of $2,000 total, for single individual or head of household, and to subtract up to $4,000 per beneficiary, instead of $4,000 total, for married couple filing jointly. Retroactive to tax years beginning with 2021. Passed Senate Finance 01/27/21. To be heard in Senate Rules Monday 02/01/21 1:00 PM, Caucus Rm. 1. Watch here.
  • S1141 (HEALTH CARE INSTITUTIONS; ACCREDITATION; INSPECTIONS) – Dept of Health Services authorized to accept accreditation report in lieu of compliance inspection for any health care institution, instead of only behavioral health residential facility providing services to children, only if institution is accredited by independent, nonprofit accrediting organization approved by Secretary of the US Dept of Health and Human Services, and institution has not been subject to enforcement action within year preceding annual licensing fee anniversary date. Passed Senate Health and Human Services 01/20/21. Passed Senate 29-0 01/28/21. Ready for House.
  • S1142 (SMI; EMPLOYMENT; INCOME TAX CREDITS) – For tax years 2022 through 2024, establishes individual and corporate income tax credit for taxpayer who employs 100 employees or fewer and who employs at least one Arizona resident who is “seriously mentally ill” (defined elsewhere in statute). Amount of credit is $2 for each hour worked by eligible employee during calendar year, capped at $20,000 per taxpayer. If allowable amount of credit exceeds taxes due, unused amount may be carried forward for up to five consecutive taxable years. Credit is subject to aggregate cap of $5 million for any calendar year. Referred to Senate Finance.
  • S1158 (SCHOOLS; SEIZURE MANAGEMENT; TREATMENT PLANS) – Beginning in 2021-2022 school year, parent or guardian of student who has seizure disorder and is enrolled in public school in Arizona is authorized to submit to school district or charter school in which student is enrolled a copy of a seizure management and treatment plan developed by parent or guardian and physician responsible for student’s seizure treatment. Requirements for plan are specified. School districts, charter schools, employees of school districts or charter schools and nurses under contract with school district or charter school immune from civil liability with respect to all decisions made and actions taken based on good faith implementation of seizure management and treatment plan. By December 1, 2021, State Board of Education required to approve online course of instruction provided free of charge by nonprofit national foundation and that supports welfare of individuals with epilepsy and seizure disorders. School nurses and school employees whose duties include regular contact with students required to complete online course. Referred to Senate Education.
  • S1173 (FAMILY LEAVE) – An employee is entitled to total of 12 workweeks leave during any 12 month period for birth of child of employee, placement of a child with employee for adoption or foster care, to care for family member with serious health condition, or because of serious health condition that makes employee unable to perform functions of employee’s position. Employees authorized to take intermittent leave or leave on reduced leave schedule under specified conditions. If employer provides paid leave fewer than 12 weeks, additional weeks of leave may be provided without compensation. Establishes requirements for notice for foreseeable leave, spouses employed by same employer, certification of serious health conditions, restoration of employment after leave, and employment benefits during leave. Referred to Senate Commerce.
  • S1188 (RESULTS-BASED FUNDING; REPEAL; SPECIAL EDUCATION) – Repeals Results-Based Funding Fund and statute requiring Dept of Education to distribute monies from Fund to school districts and charter schools based on specified formula. Appropriates $68.6 million from general fund in FY2021-22 to Dept of Education to provide special education compensatory grants. Contains legislative intent section. Referred to Senate Education and Senate Appropriations.
  • S1189 (SPECIAL EDUCATION; GROUP B WEIGHTS) – Monies in Extraordinary Special Education Needs Fund are continuously appropriated, instead of subject to legislative appropriation. Arizona Dept of Education authorized to retain up to two percent of monies in Fund for administration purposes. ADE required to award monies from Fund to school districts and charter schools with eligible claims demonstrating that student receiving special education services has incurred costs in current year of at least statewide per pupil funding average multiplied by three. ADE required to evaluate claim requests on quarterly basis, and process for prioritizing funding if there are insufficient monies in Fund is specified. Certain special education related group B support level weights are increased. Appropriates $5 million from general fund in FY2021-22 to Fund. Referred to Senate Education and Senate Appropriations. Passed Senate Education 01/27/21.
  • S1206 (HEALTH CARE INSURANCE; HEARING AIDS) – Dept of Insurance and Financial Institutions required to annually establish minimum coverage rates and coverage limits for adult and child hearing aids for each deaf or hard of hearing ear that would allow for at least 100 percent coverage of reasonable and customary hearing aids. “Health care insurers” required to provide coverage for purchase of hearing aid. Referred to Senate Finance.
  • S1209 (MEDICAL CONDITIONS; MEDICAL MARIJUANA) – List of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder. Physician who provides written certification for qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to qualifying patient’s designated caregiver marijuana’s potency and quantity and frequency of use, assess qualifying patient on a monthly basis until physician is satisfied that qualifying patient is taking a stable dose for most beneficial results, and continue to monitor qualifying patient every six months. Physician also required to report results annually to Dept of Health Services. Requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to Senate Health and Human Services.
  • S1213 (POSTSECONDARY INSTITUTIONS; SEXUAL CONSENT POLICIES) – Each public and private college, university and community college in Arizona required to adopt policies to define consent to sexual activity that contain specified provisions. Referred to Senate Education.
  • S1221 (VULNERABLE ADULTS; JURISDICTION; GRAND JURIES) – Any violation of Title 13 (Criminal Code) or Title 46 (Welfare) where victim is a “vulnerable adult” is added to list of offenses or violations of law that state grand jury’s authority to investigate and return indictments for is limited to. Passed Senate Judiciary 01/28/21. To be heard in Senate Rules Monday 02/01/21 1:00 PM, Caucus Rm. 1. Watch here.
  • S1256 (VICTIMS’ PRIVACY; CRIMINAL CASE INFORMATION) – A victim’s identifying and locating information obtained, compiled or reported by law enforcement agency or prosecution agency must be redacted from records pertaining to criminal case involving victim, including discovery disclosed to defendant’s attorney or any of attorney’s staff. To be heard in Senate Judiciary Thursday 02/04/21 9:00 AM, Senate Rm. 1. Watch here.
  • S1292 (APPROPRIATION; DYSLEXIA AND LITERACY SERVICES) – Appropriates $2.5 million from general fund in FY2021-22 to Dept of Education for list of specified dyslexia and literacy services, including designating dyslexia specialist, implementing dyslexia screening plan, improving reading proficiency of pupils in kindergarten through 3rd grade, and distributing to school districts and charter schools to provide additional funding to support students with language-based learning struggles, including dyslexia. To be heard in Senate Appropriations Tuesday 02/02/21 2:00 PM, Senate Rm. 109. Watch here.
  • S1318 (SCHOOLS; CORPORAL PUNISHMENT; PROHIBITION) – A teacher, principal or other school employee is prohibited from subjecting a student to “corporal punishment” (defined). Referred to Senate Education.
  • S1319 (APPROPRIATION; AGENCIES ON AGING; OMBUDSMAN) – Appropriates $1 million from general fund in FY2021-22 to Dept of Economic Security to distribute to area agencies on aging for ombudsman services. Legislature intends that appropriation be considered ongoing funding in future years. Referred to Senate Appropriations.
  • S1320 (HEALTH INSURANCE; SURPRISE OUT-OF-NETWORK BILLS) – Statutes governing dispute resolution for surprise out-of-network bills is repealed. Other than applicable cost sharing requirement, enrollee is not responsible for payment of surprise out-of-network bill. Health insurer or any health plan offered by health insurer prohibited from imposing for emergency services provided to enrollee by out-of-network health care provider any cost sharing requirement that is greater than cost sharing requirement that would be imposed if emergency services were provided by in-network health care provider. If out-of-network health care provider renders emergency services to enrollee, health care provider is authorized to bill health insurer directly and health insurer is required to reimburse health care provider greatest of following amounts: amount enrollee’s health plan would pay for services rendered by in-network health care provider, “usual, customary and reasonable rate” (defined) for services, amount Medicare would reimburse for services, or amount that health care insurer agrees to pay that is greater than other three specified amounts. Referred to Senate Finance.
  • S1321 (APPROPRIATION; ADULT PROTECTIVE SERVICES) Makes supplemental appropriation of $3 million and 43 FTE positions from general fund in FY2021-22 to Dept of Economic Security for Adult Protective Services. Referred to Senate Appropriations.
  • S1340 (SCHOOLS; SEX EDUCATION INSTRUCTION) – All school districts and charter schools required to provide sex education instruction that is “medically accurate” and “age-appropriate” (both defined) for students in kindergarten through grade 12. Information that must be included in sex education instruction is specified. Sex education for grades 6 through 12 required to stress the importance of using effective methods of contraception, including abstinence, to prevent unintended pregnancy and protect against sexually transmitted infections. School districts and charter schools required to make sex education instruction materials available for parental review. Student may be excused from any part of the instruction only at written request of student’s parent or guardian. Parents have right to opt out of sex education, instead of right to opt in. Statute governing parental involvement in schools and requiring school boards to adopt policies promoting parent involvement that include list of required provisions is expanded to include charter schools. Referred to Senate Education.
  • S1355 (DEVELOPMENTAL DISABILITIES; PROVIDER INCREASES) – Appropriates following amounts in the following fiscal years to Dept of Economic Security (DES) to provide reimbursement rate increases for services to individuals with intellectual and developmental disabilities: $30 million from general fund and unspecified amount (blank in original) in Medicaid expenditure authority in FY2021-22, and unspecified amount (blank in original) from general fund and unspecified amount (blank in original) in Medicaid expenditure authority in FY2022-23 and FY2023-24. DES required to use FY2019-20 rate rebase study to provide reimbursement rate increases for all services provided to individuals with intellectual and developmental disabilities in FY2021-22, FY2022-23, and FY2023-24 so that each service receives increase in each of three fiscal years. DES required to ensure all reimbursement rates for services provided to individuals with intellectual and developmental disabilities are at 100 percent of benchmark rates by end of FY2023-24. DES is required to report to Joint Legislative Budget Committee by September 1 each fiscal year describing its plans to implement these provider rate increases. Contains a legislative intent section. Referred to Senate Appropriations.
  • S1373 (HEALTH FACILITIES; DUTY OF CARE) – Licensed health care institutions that provide congregant or residential care and institution’s employees and agents have affirmative duty of care for their residents. These institutions are required to provide basic life support and first aid, in accordance with resident’s advance directives and do-not-resuscitate order, including initiating immediate cardiopulmonary resuscitation (CPR) before arrival of emergency medical services, to resident who experiences symptoms of cardiac arrest or cessation of respiration. Staff certified in CPR and first aid must be available at the health care institution at all times. These institutions prohibited from implementing policies that prevent employees from providing immediate CPR, first aid or emergency care to institution’s residents. Referred to Senate Health and Human Services.
  • S1374 (CRISIS STANDARDS OF CARE; REQUIREMENTS) – If Department of Health Services (DHS) adopts or establishes a crisis standards of care plan to address resource allocation when demand for certain health care services exceeds supply of necessary resources, a list of specified tenets and requirements apply to plan, including requiring individual assessments made on basis of best available objective medical evidence. A health care provider or health care institution staff member is prohibited from pressuring or coercing patient or patient’s health care decision maker to sign do-not-resuscitate order or make particular health care treatment decision. DHS required to modify any existing crisis standards of care plan within 60 days after effective date of this legislation to comply with these requirements. Emergency clause. Referred to Senate Health and Human Services.
  • S1376 (SCHOOLS; CURRICULUM; MENTAL HEALTH) – State Board of Education must require that all health education instruction include mental health instruction. Mental health instruction may be included in health course or another existing course and is required to incorporate multiple dimensions of health by including mental health and relationship of physical and mental health to enhance student understanding, social and emotional learning, and attitudes and behavior that promote health and well-being. To be heard in Senate Education Tuesday 02/02/21 2:00 PM, Senate Rm. 1. Watch here.
  • S1381 (DISABILITY-SELECTION ABORTION; PROHIBITED) – It is class 2 (second highest) felony to perform an abortion knowing that abortion is sought based on disability, sex or race of child or child’s parent, and to solicit or accept monies to finance disability-selection, sex-selection or race-selection abortion. Previously, it was class 3 (upper mid-level) felony to perform abortion knowing that abortion is sought based on sex or race of child or child’s parent, and to solicit or accept monies to finance sex-selection or race-selection abortion. Increases maximum civil penalty for physician, physician’s assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known violations of this section to appropriate law enforcement authorities to $20,000, from $10,000. To be heard in Senate Judiciary Thursday 02/04/21 9:00 AM, Senate Rm. 1. Watch here.
  • S1389 (INCAPACITATED PERSON; SPECIAL INVESTIGATOR) – In domestic relations proceeding, if court finds reasonable cause to believe an adult party is or may be “incapacitated person” or “person in need of protection” (both defined elsewhere in statute) and that party is or may be in need of guardianship and/or conservatorship, court is authorized to appoint special investigator to conduct investigation concerning need for guardian and/or conservator. If deemed necessary, on request of special investigator or on court’s own motion court is authorized to order independent evaluation by licensed physician. A special investigator appointed by court and any evaluator designated by court may receive reasonable compensation for work performed, which must be paid for by person alleged to be incapacitated or in need of protection or paid from appropriate available marital community property fund or asset. Referred to Senate Judiciary.
  • S1390 (GUARDIAN AD LITEM; PROTECTIVE PROCEEDING) – Court is authorized to appoint guardian ad litem for individual if court determines that individual’s best interest otherwise would not be represented or adequately protected. If conflict of interest does not exist, a guardian ad litem may be appointed to represent multiple individuals or interests. If not otherwise compensated, guardian ad litem is entitled to reasonable compensation from estate of ward or protected person. Referred to Senate Judiciary.
  • S1394 (CONFERENCE; CHILDREN AND YOUTH; COMMITTEE) – Establishes 23-member Arizona Conference on Children and Youth Committee to hold Arizona conference on children and youth to identify, develop and recommend policy solutions and legislation to improve lives of children and youth in Arizona by examining comprehensive range of issues that impact well-being of children in Arizona. Committee required to submit report of findings, policy proposals, and recommendations of conference to Governor and Legislature by December 31, 2021, and self-repeals July 1, 2022. Referred to Senate Health and Human Services.
  • S1415 (GUARDIANSHIP PROCEEDINGS; SEALING OF RECORDS) – If petition for guardianship is withdrawn before adjudication of incapacity or is denied based on finding that allegation of incapacity is unproven, or if petition for guardianship was filed frivolously or without merit, court is permitted to order that file and records contained in file be sealed. A file that is sealed may only be unsealed pursuant to court order after showing of good cause. To be heard in Senate Judiciary Thursday 02/04/21 9:00 AM, Senate Rm. 1. Watch here.
  • S1417 (HEALTH CARE DIRECTIVES; CONTACT ORDERS) – An agent who is appointed under health care directive is required to encourage and allow contact between principal and other persons who have significant relationship with principal, but is authorized to limit, restrict or prohibit contact between principal and any person if agent reasonably believes that contact will be detrimental to principal’s health, safety or welfare. A person who has significant relationship with principal may petition court for order compelling agent to allow person to have contact with principal. Establishes list of factors court must consider in determining what, if any, contact between person and principal is in principal’s best interest. Establishes requirements for modifying, suspending, or terminating contact order. Referred to Senate Health and Human Services.
  • S1423 (SCHOOLS; BULLYING POLICY; DEFINITION) – Defines “bullying” as any written, verbal or physical act or any electronic communication intended to harm or that reasonable person would know is likely to harm one or more students. Charter schools required to prescribe and enforce policies and procedures to prohibit students from harassing, intimidating and bullying other students. Policies and procedures must include specified elements. Also modifies required elements of school district anti-bullying policies. Contains legislative intent section. Referred to Senate Education.
  • S1456 (SEX EDUCATION INSTRUCTION; PARENTAL RIGHTS) – School districts and charter schools prohibited from providing sex education instruction before 5th grade. Prohibits charter schools, in addition to school districts, from providing sex education instruction to student unless student’s parent provides written permission. Written permission from a parent is also required for student to participate in instruction on AIDS and HIV. School districts and charter schools required to make any sex education curricula, including curricula related to instruction on AIDS and HIV, available for parent’s review, and to notify parents where curricula is available before parent provides written permission. Before school district or charter school offers sex education instruction, school district governing board or charter school governing body required to review and approve sex education course of study and ensure compliance with statute. Before approval, board must make any proposed sex education course of study available to public for review and comment. Public educational institutions required to obtain signed, written consent from student’s parent or guardian before providing sex education instruction or instruction regarding sexual orientation, gender identity, or gender expression to student. When public educational institution seeks consent, it must at same time inform student’s parent or guardian of parent or guardian’s right to review instructional materials and activities. By December 15, 2021, each school district and charter school that offers any sex education instruction required to review its course of study and revise to comply with legislation. Referred to Senate Education.
  • S1466 (FAMILY CAREGIVER GRANT PROGRAM) – Family Caregiver Grant Program expanded to include individual’s qualifying expenses during a calendar year due to caring for and supporting qualifying family member in qualifying family member’s primary residence, in addition to in individual’s home. An individual who receives Program grant ineligible to apply for another Program grant after receiving $1,000 for each qualifying family member, instead of being ineligible for three consecutive calendar years after receiving a Program grant. Session law allows individual who received Program grant before effective date of this legislation to apply for additional grant monies if individual has not received grant monies totaling $1,000 for each qualifying family member. Referred to Senate Health and Human Services.
  • S1471 (ALTCS; TRUSTS) – Information that a trustee is required to provide to AHCCCS Administration when submitting trust documents for ALTCS approval modified to include specific trust language that provides that on termination of trust or on death of beneficiary, any state Medicaid agency that is a remainder beneficiary will receive proportionate share of all amounts remaining in trust equal to total amount of medical assistance paid on behalf of trust beneficiary under state plan. For trust qualified by AHCCCS Administration, list of disbursements trustee is authorized to make from trust is expanded to include distributions to an account established for or by trust beneficiary under specified federal code related to qualified ABLE program distributions. Referred to Senate Health and Human Services.
  • S1503 (EARLY BALLOTS; MAIL RETURN PROHIBITED) – A voter who receives an early ballot by mail may return voter’s voted early ballot only by delivering it by hand to designated voting location. Early ballots received by mail are invalid and cannot be processed. No actions posted for this bill.
  • S1511 (CHILD; VULNERABLE ADULTS; ABUSE) – It is class 2 (second highest) felony for health care professional to intentionally or knowingly engage in any of following practices or cause any of following practices to be performed on a child or vulnerable adult to attempt to change child’s or vulnerable adult’s sex or affirm child’s or vulnerable adult’s perception of their sex if that perception is inconsistent with the child’s or vulnerable adult’s sex: performing surgeries that sterilize; performing mastectomy; administering, prescribing or supplying specified medications that induce transient or permanent infertility; and removing any otherwise healthy or non-diseased body part or tissue. If done recklessly, the criminal classification is reduced to class 3 (upper mid-level) felony, and if done with criminal negligence, criminal classification reduced to class 4 (lower mid-level) felony. Does not apply to health care professional who acts in accordance with good faith medical decision of parent or guardian of child or vulnerable adult who is born with medically verifiable genetic disorder of sex development. These medical practices added to definition of “abuse” and committing child abuse under this definition against minor who is under 15 years of age is classified a dangerous crime against children. No actions posted for this bill.
  • S1512 (VULNERABLE PERSONS; INSPECTIONS; NEGLECT) – Increases criminal classification for improper, abusive treatment or neglect of person with developmental disability to class 1 (highest) misdemeanor, from class 2 (mid-level) misdemeanor. Definition of “neglect” for this purpose expanded to include intentional failure to report client’s health problems or changes in client’s health condition to an immediate family member or client’s guardian, health care advocate or health care power of attorney within 24 hours, and intentional failure to attempt to restore client’s health to equilibrium as soon as reasonable. Dept of Health Services (DHS) required to visit each adult developmental home and child developmental home without prior notice at least two times each calendar year, instead of annually, and inspect the premises. During each visit, DHS required to communicate with each resident without presence of home’s staff. Office of State Long-term Care Ombudsman required to visit each long-term care facility in Arizona without prior notice at least two times each calendar year to speak with each resident without presence of the facility’s staff. No actions posted for this bill.
  • S1524 (APPROPRIATION; DES; INFORMATION; REFERRAL SERVICE) – Appropriates $1.5 million from general fund in FY2021-22 to Dept of Economic Security for statewide information and referral service for health care services, community services, human services and governmental services. DES may provide referral service directly or may contract with private entity. Entity providing referral service required to employ 2-1-1 three-digit dialing access and be accredited through national alliance relating to information and referral systems. No actions posted for this bill.
  • S1537 (ALZHEIMER’S; DEMENTIAS; ADVISORY COUNCIL) – Establishes 17-member Alzheimer’s Disease and Other Dementias Advisory Council to examine needs of individuals with Alzheimer’s disease or other dementias, services available in Arizona for those individuals and ability of health care providers and facilities to meet individuals’ current and future needs. Advisory Council required to consider and make findings and recommendations on list of topics related to Alzheimer’s disease and other dementias. Not later than 18 months after effective date of this legislation, the Advisory Council is required to submit new state Alzheimer’s plan to Governor and Legislature. Every four years, Advisory Council required to issue updated state Alzheimer’s plan. No actions posted for this bill.
  • S1540 (APPROPRIATION; HOME; COMMUNITY-BASED SERVICES) – Makes supplemental appropriation of $5 million from general fund in FY2021-22 to Dept of Economic Security for home and community-based services. No actions posted for this bill.

 

On the Bright Side…
Acclaimed actor and director Sydney Poitier, one of the first African Americans to gain prominence and mainstream success in American film, will have one more credit added to his Acclaimed film star and director Sidney Poitier, one of the first African American actors to gain prominence and mainstream success in American film, has another credit to add to his Wikipedia page: Arizona State University is naming its film school in his honor. The Sidney Poitier New American Film School at ASU will shoot in multiple locations – taking up residence in a new facility in downtown Mesa beginning in 2020 as well as an ASU center opening in Los Angeles in late 2021.
On the Federal Front…

Major Recent Events

President Issues Executive Orders

Last week, President Biden signed a number of Executive Orders, with more anticipated in the coming week. The orders cover a range of subjects and many will require additional steps to implement. Actions and Executive orders relevant to the disability community include:
​​​​​​​

Housing

Equity

Health and COVID-19 Response

Education

  • Directing the Secretary of Education to provide support to safely reopen schools
  • Directing the Institute of Education Sciences to collect data on the impact of COVID-19 on students and teachers, disaggregated by disability and other characteristics
The Arc will review and analyze Executive orders from the new administration and evaluate their impact on people with disabilities.

Senate Committee Holds Hearing on Buttigieg Nomination
On January 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on the nomination of Peter Buttigieg to be the Secretary of the Department of Transportation. The department’s mission is to “serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.” Visit the Committee website for more information or to access video of the hearing.
Social Security Administration Withdraws Proposed Rule on Continuing Disability Reviews
On January 25, the Social Security Administration withdrew a proposed rule that would increase the frequency of Continuing Disability Reviews for Social Security disability and Supplemental Security Income (SSI) beneficiaries. The proposed rule would have created additional administrative burdens for people with disabilities and their families. The Arc strongly opposed the proposed rule.

Major Events Ahead
Senate Committee to Hold Hearing on Fudge Nomination

On January 28, the Senate Committee on Banking, Housing, and Urban Affairs will hold a hearing on the nomination of Rep. Marcia Fudge (D-OH) to be Secretary of the U.S. Department of Housing and Urban Development (HUD). HUD is the cabinet level department that oversees federal housing programs and enforces housing laws such as the Fair Housing Act. Visit the Committee website for more information or to access live video the day of the hearing.

Announcements

AAIDD Releases 12th Edition of Intellectual Disability: Definition, Diagnosis, Classification, and Systems of Supports

Recently, the American Association on Intellectual and Developmental Disabilities (AAIDD) released the 12th edition of Intellectual Disability: Definition, Diagnosis, Classification, and Systems of Supports. This manual is the definitive source on the definition of intellectual disability (ID). According to AAIDD, “The 12th edition integrates the findings and developments of the last 10 years and presents the operational definition in a systematic approach to diagnosis, optional subgroup classification, and planning of systems of supports for people with ID. In addition, the 12th edition examines the construct of age of onset in light of the developments of the last 10 years and changes that criterion in a way that will be critically important for professionals in the field.”
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