G. The county is entitled to a lien for the charges for hospital or medical care and treatment of an injured person or the provision of long-term care services for which it is responsible pursuant to subsection A of this section or section 11-293, on any and all claims of liability or indemnity for damages accruing to the person to whom hospital or medical service is rendered, or to the legal representative of such person, on account of injuries giving rise to such claims and which necessitated such hospital or medical care and treatment. Recovery of charges pursuant to this subsection shall be in a manner as nearly as possible the same as the procedures prescribed in section 36-2915.
H. Except as provided in sections 36-2908 and 36-2909, the county shall reimburse an ambulance company for the transportation to a hospital of a person in a medical emergency situation if that person's medical care is a county responsibility pursuant to section 11-291.01 and subsection A of this section and if such transportation is requested by a health care professional licensed under the provisions of title 32, chapter 13, 15, 17 or 25, by a paramedic or emergency medical technician certified pursuant to title 36, chapter 21.1, or by a law enforcement officer or fire fighter. The county shall reimburse the ambulance company for services on a capped fee-for-service basis not to exceed the maximum amount determined by the administration pursuant to section 36-2904, subsection B.
Sec. 2. Section 11-291.01, Arizona Revised Statutes, is amended to read:
A. Notwithstanding any
B. Notwithstanding any
C. The director of the Arizona health care cost containment system administration may adopt rules to establish notification requirements for counties to notify the Arizona health care cost containment system administration of persons who are determined eligible for the Arizona health care cost containment system in order to provide for the transfer of care and financial responsibility. For the purposes of calculating eligibility for county hospitalization and medical care of the indigent sick, the annual income of an individual shall be determined by multiplying by four the income for the three months immediately prior to application.
Sec. 3. Section 11-297, Arizona Revised Statutes, is amended to read:
A. Except in emergency cases when immediate hospitalization or medical care is necessary for the preservation of life or limb, no person shall be provided hospitalization, medical care or outpatient relief under this article without first filing with the board of supervisors of the county in which he resides a statement in writing, subscribed and sworn to under oath, that he is an indigent as defined by subsection B of this section.
B. For the purposes of this section, an "indigent" is a resident of
the county
1. Does not have an annual income in excess of:
(a) Two thousand five hundred dollars, for one individual.
(b) An additional thirty-three and one-third per cent of the base identified in subdivision (a) of this paragraph if living with a dependent member of the family household, or if married and living with a spouse.
(c) An additional seventeen per cent of the base identified in subdivision (a) of this paragraph for each additional dependent member of the family household.
Annual income shall be calculated by multiplying by four the applicant's income for the three months immediately prior to the application for eligibility for the Arizona health care cost containment system pursuant to title 36, chapter 29, article 1.
2. Has a household in which the net worth of resources of all persons does not exceed fifty thousand dollars, including but not limited to equity in a house or car, with no more than five thousand dollars cash or other liquid assets. In determining eligibility, medical expenses incurred by the applicant shall not be used to reduce the value of the net worth of resources of all persons in the household. For an individual applicant who is married, any separate property of the applicant's spouse that does not exceed seventy-five thousand dollars shall not be included in determining the net worth of resources of the applicant.
3. Has not, within three years prior to filing an application for eligibility for the Arizona health care cost containment system pursuant to title 36, chapter 29, article 1, transferred or assigned real or personal property with the intent to render himself eligible for such system.
4. Is not an inmate of a public institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.
(a)
(b)
(c)
C. For the purposes of subsection B of this section, each applicant shall provide:
1. Documentation of United States citizenship or
2. A statement of the amount of personal and real property in which the applicant has an interest, a statement of all income which the applicant received during the three months immediately prior to the application, and a statement of any personal and real property assigned or transferred by the applicant within a three year period immediately prior to filing an application for eligibility for the Arizona health care cost containment system pursuant to title 36, chapter 29, article 1 and any further information determined through rules by the director of the Arizona health care cost containment system administration.
D. A county board of supervisors may by resolution adopt a definition of indigency which includes persons or family households not defined as indigent pursuant to subsection B of this section, except that such persons are not eligible for state funded hospitalization and medical care under the Arizona health care cost containment system established pursuant to title 36, chapter 29, article 1.
E. Each person desiring to be classified as an indigent pursuant to subsection B of this section shall apply for certification by the county of residence of the applicant pursuant to rules adopted by the director of the Arizona health care cost containment system administration. The county shall make the final determination regarding eligibility within thirty days of the date of application or a longer period of time as provided in subsection I of this section or as may be prescribed by rule, and upon such determination by the county that the applicant is eligible for hospitalization and medical care from the Arizona health care cost containment system, the county shall issue a written evidence of certification, copies of which shall be provided to the applicant and the administrator of the Arizona health care cost containment system pursuant to title 36, chapter 29, article 1. If the county fails to complete an eligibility determination within the time period prescribed by the director the county is liable to a provider or nonprovider as defined in section 36-2901 for expenses incurred or paid or shall reimburse the applicant for claims paid by the applicant, or both, as appropriate. The county is only liable for health and medical services prescribed in section 36-2907 and from the latest date that the person should have been determined eligible as established by the director by rule until the date that the county complies with the notice of eligibility provisions prescribed by the director. This subsection does not limit a county's responsibility for the provision of services for indigent persons otherwise required by this chapter. Any applicant aggrieved by a determination made by a county eligibility worker or a special eligibility officer regarding eligibility for the Arizona health care cost containment system may appeal the determination directly to the director of the Arizona health care cost containment system administration as provided in section 36-2903.01, subsection B, paragraph 4. The director of the Arizona health care cost containment system shall render a decision on each eligibility appeal and each member grievance no later than ninety days from the date the Arizona health care cost containment system administration receives the request for a hearing unless the hearing is postponed or rescheduled at the request of all of the parties or if the parties agree to or the hearing officer orders a further extension. If a decision is not rendered within the time required by this section the initial decision shall be considered the final decision. If a person is dissatisfied with the final decision, the person may file a petition for judicial review pursuant to title 12, chapter 7, article 6. The county shall cooperate and coordinate with appropriate state and federal agencies in the determination of eligibility. Each county shall:
1. Deduct from the calculation of income medical expenses incurred by each applicant for which the applicant is responsible for payment and which are not subject to any applicable third party payments for the twelve months immediately prior to determination of eligibility for classification as an indigent under this section. Medical costs incurred do not include the cost of services provided by a county free of charge, or on a subsidized basis.
2. In accordance with rules adopted by the director of the Arizona health care cost containment system administration, periodically review the eligibility of each person classified as an indigent pursuant to this section and notify the administrator of the Arizona health care cost containment system of the results of such review.
F. If a person who is potentially eligible as indigent pursuant to
subsection B of this section is currently receiving hospitalization or
medical care or notifies the county that she is pregnant, the county shall
complete the eligibility determination of the person on a priority basis and
shall notify the administrator of the Arizona health care cost containment
system pursuant to title 36, chapter 29, article 1 if the person is
determined eligible for the system. Notifications shall conform to rules
adopted by the director of the Arizona health care cost containment system
administration. The director of the Arizona health care cost containment
system
G. All persons who are applying for eligibility pursuant to section 36-2901, paragraph 4, subdivision (a) and who are potentially eligible pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii), as identified by the county, shall concurrently apply for eligibility pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii). The county shall assist the person in completing the application for eligibility pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii) and shall submit the completed application and all required documentation pertinent to the determination to the department of economic security which shall determine the applicant's eligibility. The county may certify or recertify the person as indigent pursuant to section 36-2901, paragraph 4, subdivision (a), pending a final determination by the department of economic security, if the department of economic security does not make an eligibility determination within ten working days from the date of submittal of a complete application by the county. If the person is hospitalized at the time of application, the county may certify the person as indigent pursuant to title 36, chapter 29, article 1, pending an eligibility determination by the department of economic security. A person who is determined eligible pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii), or who is determined eligible pursuant to section 36-2901, paragraph 4, subdivision (b), item (I), (ii) or (iv) or section 36-2934, subsection A, paragraph 2, 3 or 4 because that person meets the financial eligibility requirements of the state plan approved under title IV of the social security act but who does not receive cash payment under the aid to families with dependent children state plan together with that person's income and resources, shall continue to be counted as part of the household in determining whether the remainder of the household members are eligible as indigent pursuant to section 36-2901, paragraph 4, subdivision (a). Applicants who refuse to cooperate in the eligibility determination process pursuant to this subsection are not eligible pursuant to title 36, chapter 29, article 1. A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant. Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. The county department shall maintain in its own applicant files copies of the completed application and all other documents submitted to the department of economic security in accordance with this subsection. The copies in the county files are subject to quality control review by the administration. The county shall be subject to sanctions in accordance with sections 36-2905.01 and 36-2905.02. If the administration ascertains that a person certified as indigent by the county was in fact eligible pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii), the county shall reimburse the Arizona health care cost containment system for expenses improperly incurred by the system in providing hospitalization and medical care as prescribed in section 36-2905.02. The Arizona health care cost containment system administration and the department of economic security may share all applicant related information pertaining to this eligibility process with the counties. The counties shall receive federal monies that are made available for the administrative costs associated with completing the applications for persons potentially eligible pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii).
H. For the purpose of determining indigency pursuant to subsection B of this section, the county shall not include as income money that an applicant or the applicant's household receives as a result of a settlement agreement or a judgment in a lawsuit brought against a manufacturer or distributor of agent orange.
I. Except for persons applying under subsection G of this section, all persons who are hospitalized and who are applying for eligibility or who are recertified pursuant to section 36-2901, paragraph 4, subdivision (c) and who are potentially eligible pursuant to section 36-2901, paragraph 4, subdivision (b) as identified by the counties through the use of a screening tool developed by the department of economic security shall apply for eligibility pursuant to section 36-2901, paragraph 4, subdivision (b) and shall submit the application and copies of all verification documents contained in the case file at the time of submission to the department of economic security no later than three working days from the date the county completes the application process pursuant to this subsection. The hospitalized person may be certified eligible pursuant to this subsection only until the end of the second month following the month of certification. If the department of economic security does not make an eligibility determination within this period of time, the county may certify or recertify the person as medically needy pursuant to this section, pending a final determination by the department of economic security. If a hospitalized person is determined ineligible pursuant to section 36-2901, paragraph 4, subdivision (b), the county shall extend the person's eligibility as medically needy pursuant to this subsection for the remainder of the six month eligibility period. Following the six month eligibility period, an eligibility redetermination may be made. Applicants who refuse to cooperate in the eligibility determination process pursuant to this subsection are not eligible pursuant to this article. A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant. Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. The county shall maintain in its own applicant files copies of the application submitted to the department of economic security in accordance with this subsection. The copies in the county files are subject to quality control review by the administration. The counties shall receive federal monies that are made available for the administrative costs associated with making the applications for persons potentially eligible pursuant to section 36-2901, paragraph 4, subdivision (b).
J. Notwithstanding any other provision of law, beginning July 1, 1996, persons who are eligible to receive services pursuant to this section and who are also eligible for medicare coverage in a health maintenance organization shall not be determined or redetermined eligible for services pursuant to this section.
K. Subsection J
Sec. 4. Section 12-306, Arizona Revised Statutes, is amended to read:
A. The supreme court shall adopt forms and procedures for the application for a waiver of court costs.
B. The application for a waiver of court costs shall be granted if the applicant establishes by affidavit or otherwise either that he:
1. Is receiving benefits pursuant to a decision of an authorized representative of the department of economic security in one or more of the following programs:
(a)
(b) The food stamp program (7 United States Code sections 2011 through 2029).
(c) The general assistance program pursuant to title 46, chapter 2, article 2.
2. Is receiving benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).
3. Has an income which is insufficient or barely sufficient to meet the daily essentials of life and includes no allotment that could be budgeted for the expenses to gain access to the court. In considering insufficient income pursuant to this paragraph, the court may consider as evidence of insufficient income the following:
(a) The applicant has a gross monthly income which is one hundred fifty per cent or less of the then current monthly poverty threshold established by the United States office of management and budget.
(b) The applicant has an income that is considered sufficient, but the applicant provides proof of extraordinary expenses, including medical expenses, costs of care for elderly or disabled family members or other expenses that are deemed extraordinary.
C. Except in cases of dissolution of marriage and child support and
notwithstanding subsection B of this section or chapter 9, article 5 of this
title, if the applicant is an inmate confined to a correctional facility
operated by the state department of corrections and the inmate brings a civil
action or proceeding, the inmate is responsible for the full payment of actual court costs. On filing the action or proceeding the court shall
assess and, when
D. The court shall order the applicant to pay costs that are waived if, at any time before the entry of judgment, final order of dismissal or other decree or order, the court determines after notice to the applicant and a hearing that the applicant no longer meets the eligibility requirements in subsection B of this section.
E. Nothing in this section restricts the court's ability pursuant to section 12-302 to defer fees for reasons other than indigency.
F. The applicant shall receive at least ten days' notice of any hearing, unless the applicant waives advance notice.
G. A person who has been granted a waiver pursuant to subsection B of this section or a party to the action who knows of any change in the financial circumstances of the person shall promptly notify the court of any change in the person's financial circumstances during the pendency of the action that affects his ability to pay court costs. The court reviewing the case may review the initial waiver decision at any time. If the financial circumstances of the applicant have changed from the date of the initial order and if the applicant no longer meets the eligibility requirements under subsection B of this section, the court shall order the person to pay the waived costs.
H. The following court costs shall be waived, except that the costs in paragraphs 5 and 6 of this subsection shall be paid by the county on the granting of an application pursuant to subsection B of this section:
1. Filing fees.
2. Fees for issuance of either a summons or subpoena.
3. Fees for obtaining one certified copy of a temporary order in a domestic relations case and a final order, judgment or decree in all civil proceedings.
4. Sheriff's, marshal's and constable's fees for service if the applicant establishes by affidavit that the applicant has attempted without success to obtain voluntary acceptance of process or that the attempt would be futile or dangerous, or if there is in existence an order of protection in favor of the applicant and against the party sought to be served.
5. The cost of service by publication if service is required by law
and if the applicant establishes by affidavit specific facts to show that he
has exercised due diligence in attempting to locate the person to be served
and has been unable to do so.
6. Court reporter's fees of reporters or transcribers employed by the
court for the preparation of the transcript.
7. Appeal preparation and filing fees at all levels of appeal and
photocopy fees for preparation of the record on appeal pursuant to sections
12-119.01, 12-120.31 and 12-2107 and section 12-284, subsection A.
I. If the case is appealed, the initial waiver shall remain in effect
unless there has been a change in the financial circumstances of the person.
J. Subsection H of this section shall not be construed to limit the
court's discretion in waiving or ordering the county to pay such other costs
as may be necessary and appropriate.
K. If a judgment is rendered for costs, the costs waived and the
expenses paid by the county under this section shall be included in the
judgment and shall be paid directly to the clerk by the party against whom
the costs were assessed.
L. No waivers of filing fees or other court costs as provided in this
section shall be granted for:
1. Matters filed as class actions pursuant to rule 23 of the rules of
civil procedure.
2. Actions, other than those pertaining to domestic relations, filed
by persons who at the time of filing the application are incarcerated as a
result of a felony conviction.
M. The clerk of the court shall provide, at no cost, forms for the
waiver of court costs.
Sec. 5. Section 12-1596, Arizona Revised Statutes, is amended to read:
A. The court, justice of the peace or city or town magistrate shall
provide to the parties, at no charge, copies of the following documents
required to be delivered pursuant to section 12-1574:
1. The notice to judgment debtor and request for hearing form.
2. The answer form.
3. The instructions to garnishee.
B. The notice to judgment debtor and request for hearing form shall
be in a form prescribed by the supreme court and shall contain at least the
following:
1. An explanation of the judgment debtor's rights and responsibilities
relating to the garnishment procedure, including information concerning:
(a) Exemption rights.
(b) Grounds for objecting to the writ.
(c) The objection and hearing procedures.
2. A form on which the judgment debtor may request a hearing.
C. The notice to judgment debtor and request for hearing form
prescribed by the supreme court shall be in substantially the following form:
Notice to judgment debtor or defendant
(Non-earnings)
You are hereby notified that this court has issued an order in the
above case in favor of the judgment creditor in this proceeding, directing
that some of your money, property or corporate shares or interest be used to
satisfy some of your debt to the judgment creditor. The order was issued to
enforce the judgment creditor's judgment, support order or provisional remedy
order against you that was obtained in (the name of court) in (case number)
on (date). A copy of the judgment or order is attached.
The law provides that monies from certain benefits or in certain
amounts are free from the claims of creditors even if deposited in a bank,
savings and loan association or credit union. Some examples of exempt monies
appear later in this notice. The law also provides that certain personal
property is exempt from the claims of creditors. Some examples of exempt
property appear later in this notice.
Within ten days after being served with the writ of garnishment the
garnishee who is holding your money or personal property is required to mail
or deliver to you his answer stating what money or personal property he is
withholding from you for the judgment creditor pursuant to the writ.
You may object to the garnishment or file a claim of exemption by
requesting a hearing with this court, if you believe any of the following is
true:
1. The judgment creditor does not have a valid provisional remedy
order or support order or judgment against you or that the debt or judgment
has been paid in full.
2. Some or all of the monies which are being withheld by the garnishee
may be exempt monies. Examples of exempt monies are:
(a) One hundred fifty dollars in a bank, savings and loan association
or credit union account. (Three hundred dollars for married account
holders.)
(b)
(c) Supplemental security income (SSI).
(d) Social security benefits (SSA).
(e) Veterans' administration benefits (VA).
(f) Certain pension benefits and retirement funds.
(g) Workers' compensation benefits.
(h) Some insurance proceeds.
Other state and federal exemptions may apply. Certain exemptions may not apply to support orders or to the collection of taxes. An attorney can
assist you in determining what monies are exempt.
3. Some or all of the personal property being withheld by the
garnishee may be exempt property. Examples of exempt personal property are:
(a) Household goods, furniture and appliances.
(b) Up to one thousand five hundred dollars equity value for each
owner of a car or truck. (Three thousand dollars equity value if the owner
is physically handicapped.)
(c) Wearing apparel, musical instruments, televisions or stereos and
other personal items.
(d) Tools and equipment used in a commercial activity, trade, business
or profession.
These exemptions are limited in statute by description and dollar value. An attorney can assist you in determining what personal property is exempt.
4. More than fifteen days have passed since the garnishee was served
with the writ and you have not yet received the garnishee's answer.
5. You otherwise disagree with the answer of the garnishee. To request
a hearing, deliver the request for hearing form appearing below, or a
substantially similar form, to the court clerk's office. At the same time,
you must mail or deliver a copy (photocopy or handwritten copy) of the
request for hearing to the judgment creditor and the garnishee at the address
stated in the writ. If you do not deliver the request for hearing form to
this court within ten days after the date you receive the answer of
garnishee, your request for hearing will be denied, unless a good reason for
the delay, acceptable to the court, is shown.
If you request a hearing it will be held no later than five days, not
including weekends and holidays, after your request is received by the court.
If appropriate, you may request a hearing before the garnishee files his
answer.
The court will notify you and the other parties of the time and date
of the hearing. You may attend the hearing with or without an attorney.
Request for hearing
I request a hearing to object to the garnishment or claim exempt monies
because:
_________ 1. The judgment is not valid.
_________ 2. The judgment has been paid.
_________ 3. Exempt monies are being garnished:
_________ (a) One hundred fifty dollars in a bank, savings and loan
association or credit union.
_________ (b)
_________ (c) Other pension or retirement benefits.
_________ (d) Workers' compensation or other insurance benefits.
_________ (e) Other _______________________________________________.
_________ 4. Exempt personal property is being garnished:
_________ (a) Household goods, furnishings or appliances.
_________ (b) Motor vehicle equity under one thousand five hundred
dollars or three thousand dollars, if applicable.
_________ (c) Personal items.
_________ (d) Tools and equipment of a trade.
_________ (e) Other _______________________________________________.
_________ 5. No answer has been received within fifteen days.
_________ 6. The answer of the garnishee is incorrect.
_________ 7. Other ____________________________________________________.
___________________________________________
Date
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
Warning: To request a hearing, this document, or one similar, must be
received by this court within ten days after your receipt of the answer of
garnishee, unless good reason for the delay is shown.
D. At the top of the first page of the notice to judgment debtor and
request for hearing form described in subsections B and C of this section,
a Spanish translation shall be printed of the following language:
The court has issued an order requiring the garnishee to deliver money
or property it owes you to the judgment creditor because of the judgment he
has against you. In some circumstances your money or property is protected
by law from being taken. This is explained in the notice. A Spanish
translation of that notice can be obtained from the court.
E. The answer form shall be in a form prescribed by the supreme court
and shall require at a minimum that the answer of the garnishee set forth
those items required to be set forth pursuant to section 12-1579,
subsection D.
F. The instructions to garnishee shall be in a form prescribed by the
supreme court and shall contain at a minimum:
1. An explanation of the garnishee's responsibilities relating to the
garnishment procedure, including instructions for the proper completion of
the required forms.
2. A notice to the garnishee concerning the provisions of sections
12-1583 and 12-1593.
G. A party to a garnishment proceeding may use documents other than
those provided pursuant to subsection A of this section, if such documents
are substantially similar to those prescribed by the supreme court pursuant
to this section.
Sec. 6. Section 13-2101, Arizona Revised Statutes, is amended to read:
In this chapter, unless the context otherwise requires:
1. "Cancelled or revoked credit card" means a credit card which is no
longer valid because permission to use it has been suspended, revoked or
terminated by the issuer of such credit card by written notice sent by
certified or registered mail addressed to the person to whom such credit card
was issued at such person's last known address. Proof that the written
notice has been deposited as certified or registered matter in the United
States mail addressed to the person to whom the credit card was issued at
such person's last known address gives rise to an inference that the written
notice has been given to the cardholder.
2. "Cardholder" means any person:
(a) Named on the face of a credit card to whom or for whose benefit
the credit card is issued by an issuer; or
(b) In possession of a credit card with the consent of the person to
whom the credit card was issued.
3. "Credit card" means any instrument or device, whether known as a
credit card, credit plate, courtesy card or identification card or by any
other name, issued with or without fee by an issuer for the use of the
cardholder in obtaining money, goods, services or anything else of value,
either on credit or in possession or in consideration of an undertaking or
guaranty by the issuer of the payment of a check drawn by the cardholder,
upon a promise to pay in part or in full therefor at a future time, whether
or not all or any part of the indebtedness represented by such promise to
make deferred payment is secured or unsecured. Credit card includes a debit
card
4. "Expired credit card" means a credit card which is no longer valid
because the term shown on such credit card has elapsed.
5. "Incomplete credit card" means a credit card upon which part of the
matter, other than the signature of the cardholder, which an issuer requires
to appear before it can be used by a cardholder, has not been stamped,
embossed, imprinted or written.
6. "Issuer" means any business organization
7. "Merchant" means a person who is authorized under a written
contract with a participating party to furnish money, goods, services or
anything else of value upon presentation of a credit card by a cardholder.
8. "Participating party" means a business organization or financial
institution which is obligated or permitted by contract to acquire by
electronic transmission or other means from a merchant a sales slip or sales
draft or instrument for the payment of money evidencing a credit card
transaction and from whom an issuer is obligated or permitted by contract to
acquire by electronic transmission or other means such sales slip, sales
draft or instrument for the payment of money evidencing a credit card
transaction.
9. "Receives" or "receiving" means acquiring possession or control of
a credit card or accepting a credit card as security for a loan.
Sec. 7. Section 13-3701, Arizona Revised Statutes, is amended to read:
A. A person commits unlawful use of food stamps
1. Uses, transfers, acquires
2. Counterfeits, alters, uses, transfers, acquires or possesses
counterfeited or altered
3. Appropriates food stamps
B. Unlawful use of food stamps
Page 8, between lines 40 and 41, insert:
Sec. 8. Section 15-393, Arizona Revised Statutes, is amended to read:
A. The management and control of the joint district are vested in the
joint technological education district governing board. Unless the governing
boards of the school districts participating in the formation of the joint
district vote to implement an alternative election system as provided in
subsection B of this section, the joint board shall consist of five members
elected from five single member districts formed within the joint district.
The single member district election system shall be submitted as part of the
plan for the joint district pursuant to section 15-392 and shall be
established in the plan as follows:
1. The governing boards of the school districts participating in the
formation of the joint district shall define the boundaries of the single
member districts so that the single member districts are as nearly equal in
population as is practicable, except that if the joint district lies in part
in each of two or more counties, at least one single member district may be
entirely within each of the counties comprising the joint district if this
district design is consistent with the obligation to equalize the population
among single member districts.
2. The boundaries of each single member district shall follow election
precinct boundary lines, as far as practicable, in order to avoid further
segmentation of the precincts.
3. A person who is a registered voter of this state and who is a
resident of the single member district is eligible for election to the office
of joint board member from the single member district. The terms of office
of the members of the joint board shall be as prescribed in section 15-427,
subsection B.
4. Nominating petitions shall be signed by the number of qualified
electors of the single member district as provided in section 16-322.
B. The governing boards of the school districts participating in the
formation of the joint district may vote to implement any other alternative
election system for the election of joint district board members. If an
alternative election system is selected, it shall be submitted as part of the
plan for the joint district pursuant to section 15-392, and the
implementation of the system shall be as approved by the United States
justice department.
C. The joint technological education district shall be subject to the
following provisions of this title:
1. Chapter 1, articles 1 through 6.
2. Sections 15-208, 15-210
3. Chapter 3, articles 2, 3 and 5.
4. Section 15-361.
5. Chapter 4, articles 1, 2 and 5.
6. Chapter 5, articles 1, 2 and 3.
7. Sections 15-701.01, 15-722, 15-723, 15-724, 15-725, 15-727, 15-728,
15-729 and 15-730.
8. Chapter 7, article 5.
9. Chapter 8, articles 1, 3 and 4.
10. Sections 15-828 and 15-829.
11. Chapter 9, articles 1, 6 and 7.
12. Sections 15-941, 15-948, 15-952, 15-953 and 15-973.
13. Sections 15-1101 and 15-1104.
14. Chapter 10, articles 2, 3, 4 and 8.
D. Notwithstanding subsection C of this section, the following apply
to a joint technological education district:
1. A joint district may issue bonds for the purposes specified in
section 15-1021 and in chapter 4, article 5 of this title to an amount in the
aggregate, including the existing indebtedness, not exceeding one per cent
of the taxable property used for secondary tax purposes, as determined
pursuant to section 42-227, within the joint technological education district
as ascertained by the last assessment of state and county taxes previous to
issuing the bonds.
2. The number of governing board members for a joint district shall
be as prescribed in subsection A of this section.
3. If a vocational and technological course or program provided
pursuant to this article is provided in a facility owned and operated by a
school district in which a pupil is enrolled, the sum of the daily attendance
as provided in section 15-901, subsection A, paragraph 6, for that pupil in
both the school district and joint technological education district shall not
exceed 1.250 and the sum of the fractional student enrollment as provided in
section 15-901, subsection A, paragraph 2, subdivision (a), shall not exceed
1.250 for the courses taken in the school district and the facility. If the
pupil is enrolled in at least two courses in the school district and at least
three courses in the joint district, the fractional student enrollment for
that pupil in the school district shall be calculated to be the difference
between 1.250 and the fractional student enrollment for that pupil in the
joint district.
4. The student count for the first year of operation of a joint
technological education district as provided in this article shall be
determined as follows:
(a) Determine the estimated student count for joint district classes
which will operate in the first year of operation. This estimate shall be
based upon actual registration of pupils as of March 30 scheduled to attend
classes which will be operated by the joint district. The student count for
the district of residence of the pupils registered at the joint district
shall be adjusted. The adjustment shall cause the district of residence to
reduce the student count for the pupil to reflect the courses to be taken at
the joint district. The district of residence shall review and approve the adjustment of its own student count as provided in this subdivision before
the pupils from the school district can be added to the student count of the
joint district.
(b) The student count for the new joint district shall be the student
count as determined in subdivision (a) of this paragraph.
(c) After the first one hundred days in session for the first year of
operation, the joint district shall revise the student count to the actual
student count for students attending classes in the joint district. A joint
district shall revise its student count and revise the base support level as
provided in section 15-943.02, the revenue control limit as provided in
section 15-944.01 and the capital outlay revenue limit and capital levy
revenue limit as provided in section 15-962.01 prior to May 15. A joint
district which overestimated its student count shall revise its budget prior
to May 15. A joint district which underestimated its student count may
revise its budget prior to May 15.
(d) After the first one hundred days in session for the first year of
operation, the district of residence shall adjust its student count by
reducing it to reflect the courses actually taken at the joint district. The
district of residence shall revise its student count, revise the base support
level as provided in section 15-943, the revenue control limit as provided
in section 15-944, the capital outlay revenue limit as provided in section
15-961 and the capital levy revenue limit as provided in section 15-962,
prior to May 15. A district which underestimated the student count for
students attending the joint district shall revise its budget prior to May
15. A district which overestimated the student count for students attending
the joint district may revise its budget prior to May 15.
(e) A joint district for the first year of operation shall not be
eligible for the provisions of section 15-948.
(f) The procedures for implementing the provisions of this paragraph
shall be as prescribed in the uniform system of financial records.
(g) If the district of residence utilizes the provisions of section
15-942 to determine its student count, the district shall reduce its student
count as provided in this paragraph by subtracting the appropriate count from
the student count determined as provided in section 15-942.
(h) For the purposes of this paragraph, "district of residence" means
the district which included the pupil in its average daily membership for the
year before the first year of operation of the joint district and would have
included the pupil in its student count for the purposes of computing its
base support level for the fiscal year of the first year of operation of the
joint district if the pupil had not enrolled in the joint district.
6. A JOINT DISTRICT MAY OPERATE FOR MORE THAN ONE HUNDRED SEVENTY-FIVE
DAYS PER YEAR, WITH EXPANDED HOURS OF SERVICE.
E. The joint board shall appoint a superintendent as the executive
officer of the joint district.
F. Taxes may be levied for the support of the joint district as
prescribed in chapter 9, article 6 of this title. Except for the taxes
levied pursuant to section 15-994, such taxes shall be obtained from a levy
of taxes upon the taxable property used for secondary tax purposes.
G. The schools in the joint district are available to all children of
school age who reside in the joint district subject to the rules for
admission prescribed by the joint board.
H. The joint board may collect tuition for
I. The joint board may accept gifts, grants, federal monies, tuition
and other allocations of monies to erect, repair and equip buildings and for
the cost of operation of the schools of the joint district.
J. One member of the joint board shall be selected chairman. The
chairman shall be selected annually on a rotation basis from among the
participating school districts. The chairman of the joint board shall be a
voting member.
Sec. 9. Title 15, chapter 7, article 5, Arizona Revised Statutes, is
amended by adding section 15-782.02, to read:
B. SCHOOL DISTRICTS WITH VOCATIONAL EDUCATIONAL PROGRAMS MAY OPERATE
FOR MORE THAN ONE HUNDRED SEVENTY-FIVE DAYS PER YEAR, WITH EXPANDED HOURS OF
SERVICE.
C. VOCATIONAL EDUCATIONAL PROGRAMS RUN BY SCHOOL DISTRICTS MAY CHARGE
TUITION TO OFFSET EXPENSES ASSOCIATED WITH SERVING ADULT STUDENTS.
Sec. 10. Section 15-1401, Arizona Revised Statutes, is amended to
read:
In this chapter, unless the context otherwise requires:
1. "Additional short-term classes" means those classes which are not
in session on the forty-fifth day of the fall or spring semester, which
commence at various times during the fiscal year and which are offered over
a period of less than sixteen weeks.
2. "Budget year" means the fiscal year for which the community college
district is budgeting and which immediately follows the current year.
3. "Community college" means an educational institution which is under
the jurisdiction of the state board and which provides a program not
exceeding two years' training in the arts, sciences and humanities beyond the
twelfth grade of the public or private high school course of study or
vocational education, including terminal courses of a technical and
vocational nature and
4. "Current year" means the fiscal year in which the community college
district is operating.
5. "District" means community college district.
6. "District board" means the community college district governing
board.
7. "Full-time equivalent student" means student enrollment for fifteen
community college semester credit units per semester.
8. "Open entry, open exit classes" means those classes in which
students enter or exit based on mastery of specified competencies and which
commence at various times during the fiscal year.
9. "Operational expense budget" means the budget as adopted by the
district board pursuant to section 15-1461.
10. "Operational expenses" means the administration, instruction,
operation of community college plant, maintenance of community college plant,
fixed charges and contingencies incurred in the operation of a district
exclusive of all capital outlay items, special levies, auxiliary enterprise
funds, restricted funds and bond service items.
11. "State board" means the state board of directors for community
colleges.
Sec. 11. Section 15-1466.01, Arizona Revised Statutes, is amended to
read:
In determining state aid under sections 15-1464 and 15-1466 the number
of full-time equivalent students shall be calculated in the following manner:
1. For the basic actual full-time equivalent student enrollment, add
the number of full-time equivalent students enrolled as of forty-five days
after classes begin in the fall semester to the number of full-time
equivalent students enrolled as of forty-five days after classes begin in the
spring semester, not including additional short-term classes, and divide the
sum by two.
2. For the additional short-term and open entry, open exit full-time
equivalent student enrollments:
(a) Determine the total number of credit units for students enrolled
in additional short-term and open entry, open exit classes for the fiscal
year.
(b) Determine the total number of credit units for students who have
completed the additional short-term and open entry, open exit classes for the fiscal year. Any student who has not completed the class by June 30 of each
fiscal year shall not be eligible to be counted for state aid purposes until
the following year.
(c) Add the amounts in subdivisions (a) and (b).
(d) Divide the amount determined in subdivision (c) by two.
(e) Divide the quotient obtained in subdivision (d) by thirty.
(f) The result in subdivision (e) is the additional short-term and
open entry, open exit full-time equivalent student enrollments for the fiscal
year.
3. For the skill center
4. The total of basic actual, additional short-term and open entry,
open exit and skill center full-time equivalent student enrollment shall be
the basis of providing state aid. The basic actual full-time equivalent
student enrollment claim of each district shall be certified by the auditor
general immediately following the completion of the forty-fifth day of the
second semester. The full-time equivalent student enrollment claim of each
district for all additional short-term classes, open entry, open exit classes
and skill center vocational training programs shall be certified annually by
the auditor general.
Sec. 12. Section 23-783, Arizona Revised Statutes, is amended to read:
A. No assignment, pledge or encumbrance of the right to benefits which
are or may become due or payable under this chapter shall be valid, and the
rights to benefits shall be exempt from levy, execution, attachment or any
other remedy provided for the collection of debts. Benefits received by an
individual, as long as they are not commingled with other funds of the
recipient, shall be exempt from any remedy for the collection of all debts
except debts incurred for necessaries furnished to the individual or his or
her spouse or dependents during the time when the individual was unemployed.
No waiver of an exemption provided for in this section shall be valid.
B. This section does not apply to actions to recover child support
obligations which are being enforced by the department pursuant to a plan
under the child support enforcement act, as amended, which has been approved
by the United States secretary of health and human services under part D of
title IV of the social security act, as amended.
C. An individual who causes an order of assignment to be served on the
department of economic security for the purpose of attaching unemployment
insurance benefits in satisfaction of child support obligations shall be
deemed an applicant for services under part D of title IV of the social
security act, as amended, provided that the individual is entitled to receive
child support and is not otherwise receiving child support enforcement
services from the department of economic security. No other services may be
provided to the applicant under part D of title IV of the social security
act, as amended, and services terminate on the cessation of unemployment
insurance benefits.
Sec. 13. Section 23-784, Arizona Revised Statutes, is amended to read:
No agreement by an individual to waive, release or commute his rights
to benefits or any other rights under this chapter shall be valid, except an
agreement to satisfy child support obligations which is being enforced by the
department pursuant to a plan under the child support enforcement act, as
amended, which has been approved by the secretary of health and human
services under part D of title IV of the social security act, as amended
Sec. 14. Title 23, chapter 4, article 6, Arizona Revised Statutes, is
amended by adding section 23-789.01, to read:
B. THE DEPARTMENT MAY DEDUCT AND WITHHOLD FROM ANY UNEMPLOYMENT
COMPENSATION PAYABLE TO AN INDIVIDUAL WHO OWES AN UNCOLLECTED OVERISSUANCE
OF FOOD STAMP COUPONS EITHER:
1. THE AMOUNT SPECIFIED BY THE INDIVIDUAL TO THE DEPARTMENT TO BE
DEDUCTED AND WITHHELD UNDER THIS SECTION.
2. THE AMOUNT, IF ANY, DETERMINED PURSUANT TO AN AGREEMENT SUBMITTED
TO THE STATE FOOD STAMP AGENCY UNDER SECTION 13
3. ANY AMOUNT OTHERWISE REQUIRED TO BE DEDUCTED AND WITHHELD FROM
UNEMPLOYMENT COMPENSATION PURSUANT TO SECTION 13
C. ANY AMOUNT DEDUCTED AND WITHHELD UNDER THIS SECTION SHALL BE PAID
BY THE DEPARTMENT TO THE APPROPRIATE STATE FOOD STAMP AGENCY.
D. ANY AMOUNT DEDUCTED AND WITHHELD UNDER SUBSECTION B SHALL BE
TREATED FOR ALL PURPOSES AS IF IT WERE PAID TO THE INDIVIDUAL AS UNEMPLOYMENT
COMPENSATION AND PAID BY THAT INDIVIDUAL TO THE STATE FOOD STAMP AGENCY AS
REPAYMENT OF THE INDIVIDUAL'S UNCOLLECTED OVERISSUANCE.
E. THIS SECTION APPLIES ONLY IF ARRANGEMENTS HAVE BEEN MADE FOR
REIMBURSEMENT BY THE STATE FOOD STAMP AGENCY FOR THE ADMINISTRATIVE COSTS
THAT ARE INCURRED BY THE DEPARTMENT UNDER THIS SECTION AND THAT ARE
ATTRIBUTABLE TO THE REPAYMENT OF UNCOLLECTED OVERISSUANCES TO THE STATE FOOD
STAMP AGENCY.
F. FOR PURPOSES OF THIS SECTION:
1. "UNCOLLECTED OVERISSUANCE OF FOOD STAMP COUPONS" HAS THE SAME
MEANING PRESCRIBED IN SECTION 13
2. "UNEMPLOYMENT COMPENSATION" MEANS ANY COMPENSATION PAYABLE UNDER
THIS CHAPTER INCLUDING AMOUNTS PAYABLE BY THE DEPARTMENT PURSUANT TO AN
AGREEMENT UNDER ANY FEDERAL LAW PROVIDING FOR COMPENSATION, ASSISTANCE OR
ALLOWANCES WITH RESPECT TO UNEMPLOYMENT.
Sec. 15. Section 36-895, Arizona Revised Statutes, is amended to read:
A. The department of health services shall license child care
facilities and monitor their operation to ensure that the level of care being
provided is adequate. The department of economic security shall not
duplicate the monitoring functions of the department of health services and
shall accept the decisions of the department of health services concerning
compliance
B. The department of economic security may prepare and enter into
financial agreements with child care
Sec. 16. Section 36-2901, Arizona Revised Statutes, is amended to
read:
In this article, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment
system administration.
2. "Administrator" means the administrator of the Arizona health care
cost containment system.
3. "Director" means the director of the Arizona health care cost
containment system administration.
4. "Eligible person" means any person who is:
(a) Classified as an indigent pursuant to section 11-297.
(b) Under federal law any of the following:
(i) Defined as mandatorily eligible
(ii)
(iii) Defined as an eligible pregnant woman, and an infant under the
age of one year, pursuant to section 1902(l)(1)(A) and (B) of title XIX of
the social security act, as amended by section 4603 of the omnibus budget
reconciliation act of 1990, and whose family income does not exceed one
hundred forty per cent of the federal poverty guidelines as published by the
United States department of health and human services and children defined
as eligible children who have not attained nineteen years of age pursuant to
section 1902(l)(1)(D) of title XIX of the social security act, as amended by
section 4601 of the omnibus budget reconciliation act of 1990, and whose
family income does not exceed one hundred per cent of the federal poverty
guidelines as published by the United States department of health and human
services, and children defined as eligible pursuant to section 1902 (l)(1)(C)
of title XIX of the social security act, as amended by section 6401 of the
omnibus budget reconciliation act of 1989, and whose family income does not
exceed one hundred thirty-three per cent of the federal poverty guidelines
as published by the United States department of health and human services.
(iv) Defined as optionally eligible pursuant to section
1902(a)(10)(A)(ii)(I) of the social security act (42 United States Code
section 1396a(a)(10)(A)(ii)(I)).
(c) Classified as a medically needy person pursuant to
(d) A full-time officer or employee of this state or of a city, town
or school district of this state or other person who is eligible for
hospitalization and medical care under title 38, chapter 4, article 4.
(e) A full-time officer or employee of any county in this state or
other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee
is employed has authorized participation in the system by resolution of the
county board of supervisors.
(f) An employee of a business within this state.
(g) A dependent of an officer or employee who is participating in the
system.
(h)
(i) Not enrolled in the Arizona long-term care system pursuant to
article 2 of this chapter.
(j)
5. "Malice" means evil intent and outrageous, oppressive or
intolerable conduct that creates a substantial risk of tremendous harm to
others.
6. "Member" means an eligible person who enrolls in the system.
7. "Nonprovider" means a person who provides hospital or medical care
but does not have a contract or subcontract within the system.
8. "Physician" means a person licensed pursuant to title 32, chapter
13 or 17.
9. "Prepaid capitated" means a mode of payment by which a health care
provider directly delivers health care services for the duration of a
contract to a maximum specified number of members based on a fixed rate per
member notwithstanding:
(a) The actual number of members who receive care from the provider.
(b) The amount of health care services provided to any member.
10. "Primary care physician" means a physician who is a family
practitioner, general practitioner, pediatrician, general internist, or
obstetrician or gynecologist.
11. "Primary care practitioner" means a nurse practitioner certified
pursuant to title 32, chapter 15 or a physician assistant certified pursuant
to title 32, chapter 25. Nothing in this paragraph shall expand the scope
of practice for nurse practitioners as defined pursuant to title 32, chapter
15, or for physician assistants as defined pursuant to title 32, chapter 25.
12. "Provider" means any person who contracts with the administration
for the provision of hospitalization and medical care to members according
to the provisions of this chapter or any subcontractor of such provider
delivering services pursuant to this article.
13. "System" means the Arizona health care cost containment system
established by this article.
Sec. 17. Section 36-2903.01, Arizona Revised Statutes, is amended to
read:
A. The director may adopt rules which provide that the system may
withhold or forfeit payments to be made to a nonprovider by the system if the
nonprovider fails to comply with the provisions of this article or rules
adopted pursuant to this article which relate to the specific services
rendered for which a claim for payment is made.
B. The director shall:
1. Prescribe uniform forms to be used by all providers and shall
prescribe and furnish uniform forms and procedures, including methods of
identification of members, to counties to be used for determining and
reporting eligibility of members. The rules may include requirements that
an applicant shall personally complete or assist in the completion of
eligibility application forms, except in situations in which the person is
disabled. The auditor general shall make recommendations to the director
regarding the format of forms in order to ensure that the system records are
readily available.
2. Enter into an interagency agreement with the department of economic
security OR ARIZONA WORKS AGENCY ESTABLISHED BY TITLE 46, CHAPTER 2, ARTICLE
9 under which the department of economic security OR ARIZONA WORKS AGENCY
ESTABLISHED BY TITLE 46, CHAPTER 2, ARTICLE 9 shall be required to determine
the eligibility of all persons defined pursuant to section 36-2901, paragraph
4, subdivision (b) and ensure that the eligibility process is designed to
maximize the enrollment of such persons with the county of residence. At the
administration's option, the interagency agreement may allow the
administration to determine the eligibility of certain persons including
those defined pursuant to section 36-2901, paragraph 4, subdivision (b). As
part of the agreement, the administration shall recoup from the department
of economic security OR ARIZONA WORKS AGENCY all federal fiscal sanctions
that result from the department of economic security's OR ARIZONA WORKS
AGENCY'S inaccurate eligibility determinations for these persons.
3. Enter into an interagency agreement with the department of economic
security OR ARIZONA WORKS AGENCY ESTABLISHED BY TITLE 46, CHAPTER 2, ARTICLE
9 which shall require the department of economic security OR ARIZONA WORKS
AGENCY ESTABLISHED BY TITLE 46, CHAPTER 2, ARTICLE 9 to notify the
administration of persons determined eligible for the federal food stamp
program (P.L. 95-113; 91 Stat. 958-979) for the purpose of determining
eligibility for the system pursuant to section 36-2905.03.
4. By rule establish a grievance and appeal procedure for use by
providers, nonproviders who submit claims for payment for hospitalization and
medical care to the system or to providers, counties, members, eligible
persons, those persons who apply to be providers and those persons who apply
to be members, including persons who have been determined to be ineligible
for system coverage by a county eligibility worker or a special eligibility
officer. Grievance procedures for providers and nonproviders shall cover
grievances arising pursuant to this article. The grievance and appeal procedure shall contain provisions related to the notice to be provided to
aggrieved parties, including notification of final decisions, complaint
processes and internal appeals mechanisms. Any grievance and appeal
procedure not specified pursuant to this paragraph, but identified pursuant
to title 41, chapter 6, also applies. The director shall render a decision
on each eligibility appeal and each member grievance no later than ninety
days from the date the administration receives the request for a hearing
unless the hearing is postponed or rescheduled at the request of all of the
parties or the parties agree to or the hearing officer orders a further
extension. If a decision is not rendered within the time required by this
paragraph the initial decision shall be considered the final decision. If
a person is dissatisfied with the final decision, the person may file for
judicial review under title 12, chapter 7, article 6.
5. Apply for and accept federal funds available under title XIX of the
social security act (P.L. 89-97; 79 Stat. 344; 42 United States Code section
1396 (1980)) in support of the system. The application made by the director
pursuant to this paragraph shall be designed to qualify for federal funding
primarily on a prepaid capitated basis. Such funds may be used only for the
support of persons defined as eligible pursuant to title XIX of the social
security act (P.L. 89-97; 79 Stat. 344; 42 United States Code section 1396
(1980)).
C. The director is authorized to apply for any federal funds available
for the support of programs to investigate and prosecute violations arising
from the administration and operation of the system. Available state funds
appropriated for the administration and operation of the system may be used
as matching funds to secure federal funds pursuant to this subsection.
D. The director shall adopt rules for use by the counties in
determining whether an applicant is a resident of this state and of the
county and
1. The applicant produces one of the following:
(a) A recent Arizona rent or mortgage receipt or utility bill.
(b) A current Arizona motor vehicle
(c) A current Arizona motor vehicle registration.
(d) A document showing that the applicant is employed in this state.
(e) A document showing that the applicant has registered with a public
or private employment service in this state.
(f) Evidence that the applicant has enrolled the applicant's children
in a school in this state.
(g) Evidence that the applicant is receiving public assistance in this
state.
(h) Evidence of registration to vote in this state.
2. The applicant signs an affidavit attesting that all of the
following apply to the applicant:
(a) The applicant does not own or lease a residence outside this
state.
(b) The applicant does not own or lease a motor vehicle registered
outside this state.
(c) The applicant is not receiving public assistance outside this
state. As used in this subdivision, "public assistance" does not include
unemployment insurance benefits.
(d) The applicant is actively seeking employment in this state if he
is able to work and is not employed.
3. An applicant who does not meet the requirements of paragraph 1 or
2 of this subsection may apply to have residency determined by a special
eligibility officer who shall be appointed by the county board of
supervisors. The special eligibility officer shall receive any proof of
residency offered by the applicant and may inquire into any facts relevant
to the question of residency. A determination of residency shall not be
granted unless a preponderance of the credible evidence supports the
applicant's intent to remain indefinitely in this state. A denial of a
determination of residency may be appealed in the same manner as any other
denial of eligibility for the system.
4. An applicant who has relocated to this state from another state or
foreign country within six months before the date of application for the
purpose of obtaining state assisted medical care pursuant to this article
shall have the applicant's residency determined by a special eligibility
officer appointed pursuant to paragraph 3 of this subsection. The special
eligibility officer shall require, at a minimum, compliance with paragraphs
1 and 2 of this subsection. The special eligibility officer shall also
receive any additional proof of residency offered by the applicant and may
inquire into any facts relevant to the question of residency. A
determination of residency shall not be made unless a preponderance of the
credible evidence supports the applicant's intent to remain indefinitely in
this state. A denial of the determination of residency may be appealed in
the same manner as any other denial of eligibility for the system.
E. In accordance with constitutional standards and pursuant to
subsection D of this section, the director of the department of economic
security shall establish and maintain residency standards for those public
benefit programs related to eligibility in the system which are equivalent
to those residency standards established for the purposes of this article.
F. The director may adopt rules to do the following:
1. Authorize advance payments based on estimated liability to a
provider or a nonprovider after the provider or nonprovider has submitted a
claim for services and before the claim is ultimately resolved. The rules
shall specify that any advance payment shall be conditioned on the execution
prior to payment of a contract with the provider or nonprovider which
requires the administration to retain a specified percentage, which shall be
at least twenty per cent, of the claimed amount as security and which
requires repayment to the administration if the administration makes any
overpayment.
2. Defer liability, in whole or in part, of prepaid capitated contract
providers for care provided to members who are hospitalized on the date of
enrollment or under other circumstances. Payment shall be on a capped
fee-for-service basis for services other than hospital services and at the
rate established pursuant to subsection I or J of this section for hospital
services or at the rate paid by the health plan, whichever is less.
G. The director shall adopt rules which further specify the medical
care and hospital services which are covered by the system pursuant to
section 36-2907.
H. In addition to the rules otherwise specified in this article, the
director may adopt necessary rules pursuant to title 41, chapter 6 to carry
out this article. Rules adopted by the director pursuant to this subsection
shall consider the differences between rural and urban conditions on the
delivery of hospitalization and medical care.
I. For inpatient hospital admissions and all outpatient hospital
services before March 1, 1993, the administration shall reimburse a
hospital's adjusted billed charges according to the following procedures:
1. The director shall adopt rules which, for services rendered from
and after September 30, 1985 until October 1, 1986, define "adjusted billed
charges" as that reimbursement level which has the effect of holding constant
whichever of the following is applicable:
(a) The schedule of rates and charges for a hospital in effect on
April 1, 1984 as filed pursuant to chapter 4, article 3 of this title.
(b) The schedule of rates and charges for a hospital which became
effective after May 31, 1984 but prior to July 2, 1984, if the hospital's
previous rate schedule became effective prior to April 30, 1983.
(c) The schedule of rates and charges for a hospital which became
effective after May 31, 1984 but prior to July 2, 1984, limited to five per
cent over the hospital's previous rate schedule, and if the hospital's
previous rate schedule became effective on or after April 30, 1983 but prior
to October 1, 1983. For the purposes of this paragraph "constant" means
equal to or lower than.
2. The director shall adopt rules which, for services rendered from
and after September 30, 1986, define "adjusted billed charges" as that reimbursement level which has the effect of increasing by four per cent a
hospital's reimbursement level in effect on October 1, 1985 as prescribed in
paragraph 1 of this subsection. Beginning January 1, 1991, the Arizona
health care cost containment system administration shall define "adjusted
billed charges" as the reimbursement level determined pursuant to this
section, increased by two and one-half per cent.
3. In no event shall a hospital's adjusted billed charges exceed the
hospital's schedule of rates and charges filed with the department of health
services and in effect pursuant to chapter 4, article 3 of this title.
4. For services rendered the administration shall not pay a hospital's
adjusted billed charges in excess of the following:
(a) If the hospital's bill is paid within thirty days of the date the
bill was received, eighty-five per cent of the adjusted billed charges.
(b) If the hospital's bill is paid any time after thirty days but
within sixty days of the date the bill was received, ninety-five per cent of
the adjusted billed charges.
(c) If the hospital's bill is paid any time after sixty days of the
date the bill was received, one hundred per cent of the adjusted billed
charges.
5. The director shall define by rule the method of determining when
a hospital bill will be considered received and when a hospital's billed
charges will be considered paid. Payment received by a hospital from the
administration pursuant to this subsection or from a provider either by
contract or pursuant to section 36-2904, subsection K shall be considered
payment of the hospital bill in full, except that a hospital may collect any
unpaid portion of its bill from other third party payors or in situations
covered by title 33, chapter 7, article 3.
J. For inpatient hospital admissions and outpatient hospital services
on and after March 1, 1993 the administration shall adopt rules for the
reimbursement of hospitals according to the following procedures:
1. For inpatient hospital stays, the administration shall use a
prospective tiered per diem methodology, using hospital peer groups if
analysis shows that cost differences can be attributed to independently
definable features that hospitals within a peer group share. In peer
grouping the administration may consider such factors as length of stay
differences and labor market variations. If there are no cost differences,
the administration shall implement a stop loss-stop gain or similar
mechanism. Any stop loss-stop gain or similar mechanism shall ensure that
the tiered per diem rates assigned to a hospital do not represent less than
ninety per cent of its 1990 base year costs or more than one hundred ten per
cent of its 1990 base year costs, adjusted by an audit factor, during the
period of March 1, 1993 through September 30, 1994. The tiered per diem
rates set for hospitals shall represent no less than eighty-seven and
one-half per cent or more than one hundred twelve and one-half per cent of its 1990 base year costs, adjusted by an audit factor, from October 1, 1994
through September 30, 1995 and no less than eighty-five per cent or more than
one hundred fifteen per cent of its 1990 base year costs, adjusted by an
audit factor, from October 1, 1995 through September 30, 1996. For the
periods after September 30, 1996 no stop loss-stop gain or similar mechanisms
shall be in effect. An adjustment in the stop loss-stop gain percentage may
be made to ensure that total payments do not increase as a result of this
provision. If peer groups are used the administration shall establish
initial peer group designations for each hospital before implementation of
the per diem system and shall reanalyze such groupings only at the time
payments are recalculated pursuant to paragraph 3 of this subsection. The
administration may also use a negotiated rate methodology. The tiered per
diem methodology may include separate consideration for specialty hospitals
which limit their provision of services to specific patient populations, such
as rehabilitative patients or children. The initial per diem rates shall be
based upon hospital claims and encounter data for dates of service November
1, 1990 through October 31, 1991 and processed through May of 1992.
2. For rates effective on October 1, 1994, and annually thereafter,
the administration shall adjust tiered per diem payments for inpatient
hospital care by the data resources incorporated market basket index for
prospective payment system hospitals and shall also adjust payments to
reflect changes in length of stay.
3. By October 1, 1998, the administration shall recalculate the per
diem payments using an updated data base of hospital claims and encounters.
4. For outpatient hospital services, the administration shall
reimburse a hospital by applying a hospital specific outpatient
cost-to-charge ratio to the billed charges.
5. Except if submitted under an electronic claims submission system,
a hospital bill is considered received for purposes of this paragraph upon
initial receipt of the legible, error-free claim form by the administration
if the claim includes the following error-free documentation in legible form:
(a) An admission face sheet.
(b) An itemized statement.
(c) An admission history and physical.
(d) A discharge summary or an interim summary if the claim is split.
(e) An emergency record, if admission was through the emergency room.
(f) Operative reports, if applicable.
(g) A labor and delivery room report, if applicable.
Payment received by a hospital from the administration pursuant to this
subsection or from a provider either by contract or pursuant to section
36-2904, subsection K is considered payment by the administration or the
provider of the administration's or provider's liability for the hospital
bill. A hospital may collect any unpaid portion of its bill from other third
party payors or in situations covered by title 33, chapter 7, article 3.
6. For services rendered on and after October 1, 1997, the
administration shall pay a hospital's rate established according to this
section subject to the following:
(a) Except for members who are eligible pursuant to section 36-2901,
paragraph 4, subdivisions (a), (c), (h) and (j), if the hospital's bill is
paid within thirty days of the date the bill was received, the administration
shall pay ninety-nine per cent of the rate.
(b) If the hospital's bill is paid after thirty days but within sixty
days of the date the bill was received, the administration shall pay one
hundred per cent of the rate.
(c) If the hospital's bill is paid any time after sixty days of the
date the bill was received, the administration shall pay one hundred per cent
of the rate plus a fee of one per cent per month for each month or portion
of a month following the sixtieth day of receipt of the bill until the date
of payment.
7. In developing the reimbursement methodology, if a review of the
reports filed by a hospital pursuant to section 36-125.04 indicates that
further investigation is considered necessary to verify the accuracy of the
information in the reports, the administration may examine the hospital's
records and accounts related to the reporting requirements of section
36-125.04. The administration shall bear the cost incurred in connection
with this examination unless the administration finds that the records
examined are significantly deficient or incorrect, in which case the
administration may charge the cost of the investigation to the hospital
examined.
8. Except for privileged medical information, the administration shall
make available for public inspection the cost and charge data and the
calculations used by the administration to determine payments under the
tiered per diem system, provided that individual hospitals are not identified
by name. The administration shall make the data and calculations available
for public inspection during regular business hours and shall provide copies
of the data and calculations to individuals requesting such copies within
thirty days of receipt of a written request. The administration may charge
a reasonable fee for the provision of the data or information.
9. The prospective tiered per diem payment methodology for inpatient
hospital services shall include a mechanism for the prospective payment of
inpatient hospital capital related costs. During a ten-year transition
period, capital payment shall include hospital specific and statewide average
amounts. For rates effective October 1, 1994 and annually thereafter, the
hospital specific capital costs audited or adjusted to reflect audit shall
be rebased. The statewide average capital payment as a per cent of total
payment in no case may exceed the percentage of capital to total costs in the
original base year of the prospective per diem methodology. In years when
hospital costs are rebased, total capital payments on a statewide basis may not exceed the original base year per cent that capital represents of total
statewide payments unless the statewide average percentage of capital costs
to total hospital costs is less than the national average percentage of
capital costs to total hospital costs. After the ten year transition period,
capital costs shall be based upon statewide averages and will be included in
the tiered per diem rates.
K. The director may adopt rules which specify enrollment procedures
including notice to providers of enrollment. The rules may provide for
varying time limits for enrollment in different situations. The rules shall
provide for continuous enrollment of a pregnant woman who is determined
eligible pursuant to section 11-297 or 36-2905 and whose condition of
pregnancy is clinically verified in writing by a health care professional
licensed pursuant to title 32, chapter 13, 15, 17 or 25 or chapter 6, article
7 of this title until the last day of the month after the month of the
estimated date of delivery. The rules shall provide that as a condition of
continuous enrollment pursuant to this subsection the woman must notify her
county of residence and provide necessary verification of her pregnancy and
estimated date of delivery before the end of her certification period. The
rules shall specify the procedures by which the county shall notify the
administration that a pregnant woman qualifies for continuous enrollment and
shall specify procedures for the pregnant woman to notify the county of any
change in her financial or clinical status that might disqualify her from
continuous enrollment pursuant to this subsection. Pursuant to rules adopted
by the director, a child born to a woman under continuous enrollment shall
also be enrolled until the last day of the month after the month of the
estimated date of delivery. This subsection does not prevent a person from
qualifying for continued eligibility as otherwise provided in section 11-297
or this article. The administration shall specify in contract when a person
who has been determined eligible will be prospectively enrolled with that
provider and the provider will on the date of enrollment be responsible for
health and medical services to the person.
L. The administration may make direct payments to hospitals for
hospitalization and medical care provided to a member in accordance with the
provisions of this article and rules. The director may adopt rules which
shall establish the procedures by which the administration shall pay
hospitals pursuant to this subsection if a provider fails to make timely
payment to a hospital. Such payment shall be at a level determined pursuant
to section 36-2904, subsection J or K. The director may withhold payment due
to a provider in the amount of any payment made directly to a hospital by the
administration on behalf of a provider pursuant to this subsection.
M. The director shall establish a special unit within the
administration for the purpose of monitoring the third party payment
collections required by providers and nonproviders pursuant to section 36-2903, subsection C, paragraph 10 and subsection G and section 36-2915,
subsection E. The director shall determine by rule:
1. The type of third party payments to be monitored pursuant to this
subsection.
2. The percentage of third party payments collected by a provider or
nonprovider which the provider or nonprovider may keep and the percentage of
such payments which the provider or nonprovider may be required to pay to the
administration. Both providers and nonproviders are required to pay to the
administration one hundred per cent of all third party payments collected
which duplicate administration fee-for-service payments. A provider that
contracts with the administration pursuant to section 36-2904, subsection A
may be entitled to retain a percentage of third party payments if the
payments collected and retained by a provider are reflected in reduced
capitation rates. A provider may be required to pay the administration a
percentage of third party payments collected by a provider that are not
reflected in reduced capitation rates.
N. Upon oral or written notice from the patient that the patient
believes the claims to be covered by the system, a provider or nonprovider
of health and medical services prescribed in section 36-2907 shall not do
either of the following unless the provider or nonprovider has verified
through the administration that the person has been determined ineligible,
has not yet been determined eligible or was not, at the time services were
rendered, eligible or enrolled:
1. Charge, submit a claim to or demand or otherwise collect payment
from a member or person who has been determined eligible unless specifically
authorized by this article or rules adopted pursuant to this article.
2. Refer or report a member or person who has been determined eligible
to a collection agency or credit reporting agency for the failure of the
member or person who has been determined eligible to pay charges for system
covered care or services unless specifically authorized by this article or
rules adopted pursuant to this article.
O. The administration may conduct postpayment review of all claims
paid by the administration and may recoup any monies erroneously paid. The
director may adopt rules that specify procedures for conducting postpayment
review. Prepaid capitated providers may conduct a postpayment review of all
claims paid by prepaid capitated providers and may recoup monies that are
erroneously paid.
P. The director or his designees may employ and supervise personnel
necessary to assist the director in performing the functions of the
administration.
Q. The administration may contract with providers for obstetrical care
who are eligible to provide services under title XIX of the social security
act.
R. Notwithstanding any law to the contrary, on federal approval the
administration may make disproportionate share payments to hospitals
beginning October 1, 1991 in accordance with federal law and subject to
legislative appropriation. If at any time the administration receives
written notification from federal authorities of any change or difference in
the actual or estimated amount of federal funds available for
disproportionate share payments from the amount reflected in the legislative
appropriation for such purposes, the administration shall provide written
notification of such change or difference to the president and the minority
leader of the senate, the speaker and the minority leader of the house of
representatives, the director of the joint legislative budget committee, the
cochairs of the joint legislative committee for the Arizona health care cost
containment system, public hospitals receiving disproportionate share
payments and any hospital trade association within this state, within three
working days not including weekends after receipt of the notice of the change
or difference. In calculating disproportionate share payments as prescribed
in this section, the administration may use either a methodology based on
claims and encounter data that is submitted to the administration from
prepaid capitated providers or a methodology based on data that is reported
to the administration by hospitals. The selected methodology applies to all
hospitals qualifying for disproportionate share payments.
S. Notwithstanding any law to the contrary, the administration may
receive confidential adoption information for the purposes of identifying
adoption related third party payors in order to recover the total costs for
prenatal care and the delivery of the child, including capitation,
reinsurance and any fee-for-service costs incurred by the administration on
behalf of an eligible person who the administration has reason to believe had
an arrangement to have the eligible person's newborn adopted. Except for the
sole purpose of identifying adoption related third party payors, the
administration shall not further disclose any information obtained pursuant
to this subsection and shall develop and implement safeguards to protect the
confidentiality of this information including limiting access to the
information to only those administration personnel whose official duties
require it. At no time shall the administration release to the adoptive
parents' or birth parents' insurance carrier
T. The adoption agency or the adoption attorney shall notify the
administration within thirty days after an eligible person receiving services
has placed that person's child for adoption.
U. The administration shall not seek maternity expenditure cost
recovery from a third party payor on arrangements involving the placement of a newborn with special needs as defined in section 8-141, children in the
custody of the state or children placed with relatives.
V. If the administration implements an electronic claims submission
system it may adopt procedures pursuant to subsection J of this section
requiring documentation different than prescribed under subsection J,
paragraph 5 of this section.
Sec. 18. Title 36, chapter 29, article 1, Arizona Revised Statutes,
is amended by adding section 36-2903.03, to read:
B. A QUALIFIED ALIEN WHO ENTERED THE UNITED STATES ON OR BEFORE AUGUST
21, 1996 MAY APPLY FOR ELIGIBILITY PURSUANT TO SECTION 36-2901, PARAGRAPH 4,
SUBDIVISION
1. A QUALIFIED ALIEN WHO IS DESIGNATED AS A MEMBER OF ONE OF THE
EXCEPTION GROUPS UNDER PUBLIC LAW 104-193, SECTION 412 OR A MINOR WHO HAS
ENTERED THE UNITED STATES AS AN ADOPTEE OF A UNITED STATES CITIZEN SHALL BE
DETERMINED ELIGIBLE FOR ALL TITLE XIX SERVICES AS SPECIFIED IN SECTION
36-2907.
2. A QUALIFIED ALIEN WHO IS NOT A MEMBER OF ONE OF THE EXCEPTION
GROUPS AS DEFINED IN PUBLIC LAW 104-193, SECTION 412 SHALL RECEIVE ONLY
EMERGENCY SERVICES AS DEFINED IN SECTION 1903
E. A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES AND WHO DOES NOT
CLAIM AND PROVIDE VERIFICATION OF QUALIFIED ALIEN STATUS MAY APPLY FOR TITLE
XIX ELIGIBILITY UNDER SECTION 36-2901, PARAGRAPH 4, SUBDIVISION
F. IN DETERMINING THE ELIGIBILITY FOR ALL QUALIFIED ALIENS PURSUANT
TO THIS CHAPTER AND SECTIONS 11-291 AND 11-297, THE INCOME AND RESOURCES OF ANY PERSON WHO EXECUTED AN AFFIDAVIT OF SUPPORT PURSUANT TO SECTION 213A OF
THE IMMIGRATION AND NATIONALITY ACT ON BEHALF OF THE QUALIFIED ALIEN AND THE
INCOME AND RESOURCES OF THE SPOUSE, IF ANY, OF THE SPONSORING INDIVIDUAL
SHALL BE COUNTED AT THE TIME OF APPLICATION AND FOR THE REDETERMINATION OF
ELIGIBILITY FOR THE DURATION OF THE ATTRIBUTION PERIOD AS SPECIFIED IN
FEDERAL LAW.
G. FOR PURPOSES OF THIS SECTION, "QUALIFIED ALIEN" MEANS AN INDIVIDUAL
WHO MEETS ONE OF THE FOLLOWING CRITERIA:
1. DEFINED AS A QUALIFIED ALIEN UNDER PUBLIC LAW 104-193, SECTION 431.
2. A VETERAN WHO IS HONORABLY DISCHARGED FROM THE UNITED STATES ARMED
FORCES OR AN INDIVIDUAL ON ACTIVE DUTY IN THE UNITED STATES ARMED FORCES AND
THE SPOUSE OR MINOR CHILDREN OF THESE PERSONS AS DEFINED IN PUBLIC LAW
104-193, SECTION 402.
3. DEFINED AS A QUALIFIED ALIEN BY THE ATTORNEY GENERAL OF THE UNITED
STATES UNDER THE AUTHORITY OF PUBLIC LAW 104-208, SECTION 501.
Sec. 19. Section 36-2905, Arizona Revised Statutes, is amended to
read:
A. Any person who is a resident of this state
B. "Medically needy resident" means any person who:
1. Has an annual income of more than two thousand five hundred dollars
but not more than three thousand two hundred dollars for one individual.
2. Has an annual income of at least three thousand three hundred
thirty-three dollars but not more than four thousand two hundred sixty-six dollars, if living with a dependent member of the family household or if
married and living with a spouse.
3. Has an annual income of at least the minimum amount as prescribed
in paragraph 1 or 2 of this subsection, whichever is applicable, plus at
least four hundred twenty-five dollars of additional annual income for each
additional dependent member of the family household but not more than the
maximum annual income provided in paragraph 1 or 2 of this subsection,
whichever is applicable, plus five hundred forty-four dollars of additional
annual income for each additional dependent member of the family household
other than a spouse.
4. Has a household in which the net worth of resources of all persons
does not exceed fifty thousand dollars, including but not limited to equity
in a house or car, with no more than five thousand dollars cash or other
liquid assets. In determining eligibility, medical expenses incurred by the
applicant shall not be used to reduce the value of the net worth of resources
of all persons in the household. For an individual applicant who is married,
any separate property of the applicant's spouse that does not exceed
seventy-five thousand dollars shall not be included in determining the net
worth of resources of the applicant.
5. Has not, within three years prior to filing an application for
eligibility for the system, transferred or assigned real or personal property
with intent to render himself eligible for the system. Annual income shall
be calculated by multiplying by four the applicant's income for the three
months immediately prior to the application for eligibility for the system.
(a)
(b)
(c)
C. For the purposes of subsection B of this section, each applicant
shall provide:
1. Documentation of United States citizenship or
2. A statement of the amount of personal and real property in which
the applicant has an interest, a statement of all income which the applicant received during the three months immediately prior to the application, and
a statement of any personal and real property assigned or transferred by the
applicant within the three years immediately prior to filing the application
for eligibility for the system and any further information determined through
rules by the director.
D. A county board of supervisors may by resolution adopt a definition
of medically needy which includes persons or family households not defined
as medically needy pursuant to subsection B of this section, except that such
additional persons are not eligible for state funded hospitalization and
medical care provided by the system.
E. Each person desiring to be classified as medically needy pursuant
to subsection B of this section shall apply for certification by the county
of residence of the applicant pursuant to rules adopted by the director. The
county shall make the final determination regarding eligibility within thirty
days of the date of application or a longer period of time as provided in
subsection J of this section or as may be prescribed by rule, and upon such
determination by the county that the applicant is eligible for
hospitalization and medical care from the system, the county shall issue a
written evidence of certification, copies of which shall be provided to the
applicant and to the administration. If the county fails to complete an
eligibility determination within the time period prescribed by the director,
the county is liable to a provider or nonprovider for expenses incurred or
paid or shall reimburse the applicant for claims paid by the applicant, or
both, as appropriate. The county is only liable for health and medical
services prescribed in section 36-2907 and from the latest date that the
person should have been determined eligible as established by the director
in rules until the date the county complies with the notice of eligibility
provisions prescribed by the director. This subsection does not limit a
county's responsibility for the provision of services for indigent persons
as otherwise required by title 11, chapter 2, article 7. Any applicant
aggrieved by a determination made by a county eligibility worker or a special
eligibility officer regarding eligibility for the system may appeal the
determination directly to the director as provided in section 36-2903.01,
subsection B, paragraph 4. If an eligibility determination is appealed, the
county shall send the prehearing summary, a copy of the case file and the
completed request for hearing form to the administration's division of
grievance and appeals within a reasonable time limitation established by the
director by rule. If the county fails to comply with the time limitation the
county is liable to the administration, a provider or a nonprovider for
expenses incurred or paid or shall reimburse the applicant for claims paid
by the applicant as appropriate. The county is only liable for health and
medical services prescribed in section 36-2907 and from the date the county
should have sent the prehearing summary, a copy of the case file and the completed request for hearing form to the administration through the date in
which the county sends the documentation. Each county shall:
1. Deduct from the calculation of income medical expenses incurred by
each applicant for which the applicant is responsible for payment and which
are not subject to any applicable third party payments for the twelve months
immediately prior to determination of eligibility for classification as a
medically needy person under this section. Medical expenses incurred do not
include the cost of services provided by a county free of charge or on a
subsidized basis.
2. In accordance with rules adopted by the director, periodically
review the eligibility of each person classified pursuant to this section for
medically needy status and notify the administrator of the results of such
reviews.
F. If a person who is potentially eligible as medically needy pursuant
to subsection B of this section is currently receiving hospitalization or
medical care or notifies the county that she is pregnant, the county shall
complete the eligibility determination of the person on a priority basis and
shall notify the administration if the person is determined eligible for the
system. Notifications shall conform to rules adopted by the director. The
director shall adopt rules specifying procedures for processing the priority
applications of pregnant women.
G. A person who is applying for eligibility pursuant to section
36-2901, paragraph 4, subdivision (c) and who is potentially eligible
pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii), as
identified by the counties, shall concurrently apply for eligibility pursuant
to section 36-2901, paragraph 4, subdivision (b), item (iii). The county
shall assist the person in completing the application for eligibility
pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii) and
shall submit the completed application and all required documentation
pertinent to the determination to the department of economic security which
shall determine the applicant's eligibility. The county may certify or
recertify the person as medically needy pursuant to this section, pending a
final determination by the department of economic security, if the department
of economic security does not make an eligibility determination within ten
working days from the date of submittal of a complete application by the
county. If the person is hospitalized at the time of application, the county
may certify the person as medically needy pursuant to this section, pending
an eligibility determination by the department of economic security. A
person who is determined eligible pursuant to section 36-2901, paragraph 4,
subdivision (b), item (iii), or who is determined eligible pursuant to
section 36-2901, paragraph 4, subdivision (b), item (i), (ii) or (iv) or
section 36-2934, subsection A, paragraph 2, 3 or 4 because that person meets
the financial eligibility requirements of the state plan approved under title
IV of the social security act but who does not receive cash payment under the aid to families with dependent children state plan together with that
person's income and resources, shall continue to be counted as part of the
household in determining whether the remainder of the household members are
eligible as medically needy pursuant to this section. Applicants who refuse
to cooperate in the eligibility determination process pursuant to this
subsection are not eligible pursuant to this article. A form explaining loss
of benefits due to refusal to cooperate shall be signed by the applicant.
Refusal to cooperate shall not be construed to mean the applicant's inability
to obtain documentation required for eligibility determination. The county
shall maintain in its own applicant files copies of the completed application
and all other documents submitted to the department of economic security in
accordance with this subsection. The copies in the county files are subject
to quality control review by the administration. The county shall be subject
to sanctions in accordance with sections 36-2905.01 and 36-2905.02. If the
administration ascertains that a person certified as medically needy by the
county was in fact eligible pursuant to section 36-2901, paragraph 4,
subdivision (b), item (iii), the county shall reimburse the system for
expenses improperly incurred by the system in providing hospitalization and
medical care as prescribed in section 36-2905.02. The administration and the
department of economic security may share all applicant related information
pertaining to this eligibility process with the counties. The counties shall
receive federal monies that are made available for the administrative costs
associated with completing the applications for persons potentially eligible
pursuant to section 36-2901, paragraph 4, subdivision (b), item (iii).
H. For the purposes of determining eligibility pursuant to this
section, the county shall not include as income money that an applicant or
the applicant's household receives as a result of a settlement agreement or
a judgment in a lawsuit brought against a manufacturer or distributor of
agent orange.
I. Except for persons applying under subsection G of this section,
all persons who are hospitalized and who are applying for eligibility or who
are recertified pursuant to section 36-2901, paragraph 4, subdivision (c) and
who are potentially eligible pursuant to section 36-2901, paragraph 4,
subdivision (b) as identified by the counties through the use of a screening
tool developed by the department of economic security shall apply for
eligibility pursuant to section 36-2901, paragraph 4, subdivision (b) and
shall submit the application and copies of all verification documents
contained in the case file at the time of submission to the department of
economic security no later than three working days from the date the county
completes the application process pursuant to this subsection. The
hospitalized person may be certified eligible pursuant to this subsection
only until the end of the second month following the month of certification.
If the department of economic security does not make an eligibility
determination within this period of time, the county may certify or recertify the person as medically needy pursuant to this section, pending a final
determination by the department of economic security. If a hospitalized
person is determined ineligible pursuant to section 36-2901, paragraph 4,
subdivision (b), the county shall extend the person's eligibility as
medically needy pursuant to this subsection for the remainder of the six
month eligibility period. Following the six month eligibility period, an
eligibility redetermination may be made. Applicants who refuse to cooperate
in the eligibility determination process pursuant to this subsection are not
eligible pursuant to this article. A form explaining loss of benefits due
to refusal to cooperate shall be signed by the applicant. Refusal to
cooperate shall not be construed to mean the applicant's inability to obtain
documentation required for eligibility determination. The county shall
maintain in its own applicant files copies of the application submitted to
the department of economic security in accordance with this subsection. The
copies in the county files are subject to quality control review by the
administration. The counties shall receive federal monies that are made
available for the administrative costs associated with making the
applications for persons potentially eligible pursuant to section 36-2901,
paragraph 4, subdivision (b).
J. Notwithstanding any other provision of law, beginning July 1, 1996,
persons who are eligible to receive services pursuant to this section and
who are also eligible for medicare coverage in a health maintenance
organization shall not be determined or redetermined eligible for services
pursuant to this section.
K. Subsection J does not apply to eligible persons or members who have
received a transplant.
Sec. 20. Section 36-2905.03, Arizona Revised Statutes, is amended to
read:
A. Except as otherwise provided in this section,
B. Except as otherwise provided in this section, the director shall
provide in rules that a child who is under the age of fourteen years, and who
is a resident of this state shall qualify for the system by being a recipient
of the federal food stamp program (P.L. 95-113; 91 Stat. 958-979). A child
who is qualified based solely on age to apply for eligibility as an eligible
child pursuant to section 36-2901, paragraph 4, subdivision (b) shall first
be determined eligible or ineligible pursuant to section 36-2901, paragraph
4, subdivision (b) before being determined or recertified eligible pursuant
to this subsection. There is no retroactive eligibility under this subsection, including cases of successful appeals of denials of food stamp
eligibility by the department of economic security. If the child is
determined ineligible pursuant to section 36-2901, paragraph 4, subdivision
(b), the department of economic security pursuant to section 36-2903.01,
subsection B, paragraph 3 shall notify the administration which shall enroll
the person pursuant to section 36-2904, subsection F. Health and medical
expenses for a child who is determined eligible pursuant to this subsection
shall be paid for by the system back to the date of food stamp eligibility
notification. Persons who refuse to cooperate in the department of economic
security's eligibility process in accordance with rules adopted by the
director are not eligible for care pursuant to this article. A form
explaining loss of benefits due to refusal to cooperate shall be signed by
the applicant. Refusal to cooperate shall not be construed to mean the
applicant's inability to obtain documentation required for eligibility
determination.
C. A child who is under the age of fourteen years
1. "Eligible child" means a person who:
(a) Is under the age of fourteen years.
(b) Has an annual income of all persons in the household in excess of
the maximum allowable income for a medically needy household of that size
pursuant to section 36-2905 but whose income does not exceed the federal
poverty guidelines as published by the United States department of health and
human services.
(c) Has a household in which the net worth of resources of all persons
does not exceed fifty thousand dollars including but not limited to equity
in a house or car, with no more than five thousand dollars cash or other
liquid assets. In determining eligibility, medical expenses incurred by the
applicant shall not be used to reduce the value of the net worth of resources
of all persons in the household.
(d) Has not, within three years before filing an application for
eligibility for the system, transferred or assigned real or personal property
with intent to render a member of the household eligible for the system.
Annual income shall be calculated by multiplying by four the child's
household income for the three months immediately before the application for
eligibility for the system.
(e)
(i)
(ii)
(iii)
2. Each applicant shall provide:
(a) Proof of age of the potentially eligible child.
(b) Documentation of United States citizenship or
(c) A statement of the amount of personal and real property in which
the child's household members have an interest, a statement of all income
which the household members received during the three months immediately
before the application, a statement of any personal and real property
assigned or transferred by the household members within the three years
immediately before filing the application for eligibility for the system and
any further information required by rules.
3. A person who is applying for eligibility pursuant to this
subsection and who is potentially eligible pursuant to section 36-2901,
paragraph 4, subdivision (b), item (iii), as identified by counties shall
concurrently apply for eligibility pursuant to section 36-2901, paragraph 4,
subdivision (b), item (iii). The county shall assist the person in
completing the application for eligibility pursuant to section 36-2901,
paragraph 4, subdivision (b), item (iii) and shall submit the completed
application and all required documentation pertinent to the determination to
the department of economic security which shall determine the applicant's
eligibility. The county may certify or recertify the person as an eligible
child pursuant to this subsection, pending a final determination by the
department of economic security, if the department of economic security does
not make an eligibility determination within ten working days from the date
of submittal of a complete application by the county. If the person is
hospitalized at the time of application, the county may certify the person
as an eligible child pursuant to this subsection, pending an eligibility
determination by the department of economic security. A person who is
determined eligible pursuant to section 36-2901, paragraph 4, subdivision
(b), item (iii), or who is determined eligible pursuant to section 36-2901,
paragraph 4, subdivision (b), item (i), (ii) or (iv) or section 36-2934, subsection A, paragraph 2, 3 or 4 because that person meets the financial
eligibility requirements of the state plan approved under title IV of the
social security act but who does not receive cash payment under the aid to
families with dependent children state plan together with that person's
income and resources, shall continue to be counted as part of the household
in determining whether the remainder of the household members are eligible
pursuant to section 36-2901, paragraph 4, subdivisions (a) and (c) or
pursuant to this subsection. Applicants who refuse to cooperate in the
eligibility determination process pursuant to this paragraph are not eligible
pursuant to this article. A form explaining loss of benefits due to refusal
to cooperate shall be signed by the applicant. Refusal to cooperate shall
not be construed to mean the applicant's inability to obtain documentation
required for eligibility determination. The county shall maintain in its own
applicant files copies of the completed application and all other documents
submitted to the department of economic security in accordance with this
subsection. The copies in the county files are subject to quality control
review by the administration. The county shall be subject to sanctions in
accordance with sections 36-2905.01 and 36-2905.02. If the administration
ascertains that a person who is certified as eligible pursuant to this
subsection by the county was in fact eligible pursuant to section 36-2901,
paragraph 4, subdivision (b), item (iii), the county shall reimburse the
system for expenses improperly incurred by the system in providing
hospitalization and medical care as prescribed in section 36-2905.02. The
administration and the department of economic security may share all
applicant related information pertaining to this eligibility process with the
counties. The counties shall receive federal monies that are made available
for the administrative costs associated with completing the applications for
persons potentially eligible pursuant to section 36-2901, paragraph 4,
subdivision (b), item (iii).
4. Beginning October 1, 1992, except for persons applying under
paragraph 3 of this subsection, all persons who are hospitalized and who are
applying for eligibility or who are recertified pursuant to section 36-2901,
paragraph 4, subdivision (c) and who are potentially eligible pursuant to
section 36-2901, paragraph 4, subdivision (b) as identified by the counties
through the use of a screening tool developed by the department of economic
security, shall apply for eligibility pursuant to section 36-2901, paragraph
4, subdivision (b) and shall submit the application and copies of all
verification documents contained in the case file at the time of submission
to the department of economic security no later than three working days from
the date the county completes the application process pursuant to this
subsection. The hospitalized person may be certified eligible pursuant to
this subsection only until the end of the second month following the month
of certification. If the department of economic security does not make an
eligibility determination within this period of time, the county may certify or recertify the person as medically needy pursuant to this section, pending
a final determination by the department of economic security. If a
hospitalized person is determined ineligible pursuant to section 36-2901,
paragraph 4, subdivision (b), the county shall extend the person's
eligibility as medically needy pursuant to this subsection for the remainder
of the six month eligibility period. Following the six month eligibility
period, an eligibility redetermination may be made. Applicants who refuse
to cooperate in the eligibility determination process pursuant to this
subsection are not eligible pursuant to this article. A form explaining loss
of benefits due to refusal to cooperate shall be signed by the applicant.
Refusal to cooperate shall not be construed to mean the applicant's inability
to obtain documentation required for eligibility determination. The county
shall maintain in its own applicant files copies of the application submitted
to the department of economic security in accordance with this subsection.
The copies in the county files are subject to quality control review by the
administration. The counties shall receive federal monies that are made
available for the administrative costs associated with making the
applications for persons potentially eligible pursuant to section 36-2901,
paragraph 4, subdivision (b).
D. Each person desiring to be classified as an eligible child pursuant
to subsection C of this section shall apply for certification by the county
of residence of the child pursuant to rules adopted by the director. An
application for certification of an eligible child shall be filed by a person
authorized by rules to apply on behalf of the eligible child. The county
shall make the final determination regarding eligibility within thirty days
of the date of application or a longer period of time as may be prescribed
by rule and, on that determination by the county that the child is eligible
for hospitalization and medical care from the system, the county shall issue
a written evidence of certification, copies of which shall be provided to the
applicant and to the administration. An applicant aggrieved by a
determination made by a county eligibility worker or a special eligibility
officer regarding eligibility for the system may appeal the determination
directly to the director as provided in section 36-2903.01, subsection B,
paragraph 4. Each county shall:
1. Deduct from the calculation of income medical expenses incurred by
members of the household of the child for which the household members are
responsible for payment and which are not subject to any applicable third
party payments for the twelve months immediately before the determination of
eligibility for classification as an eligible child under this subsection and
subsection C of this section. Medical expenses incurred do not include the
cost of services provided by a county free of charge or on a subsidized
basis.
2. In accordance with rules adopted by the director, periodically
review the eligibility of each person classified pursuant to this subsection and subsection C of this section for eligible child status and notify the
administration of the results of such reviews.
E. If a person who is potentially eligible as an eligible child
pursuant to subsection C of this section is currently receiving
hospitalization or medical care, the county shall complete the eligibility
determination of the person on a priority basis and shall notify the
administration if the person is determined eligible for the system.
Notifications shall conform to rules adopted by the director.
F. No county may require, as a condition of initiating or completing
an application or an eligibility review for a potentially eligible child,
that the child or a person authorized to apply on behalf of such child first
apply for the federal food stamp program.
G. For the purposes of determining eligibility pursuant to subsection
C of this section, the county shall not include as income money that an
applicant or the applicant's household receives as a result of a settlement
agreement or a judgment in a lawsuit brought against a manufacturer or
distributor of agent orange.
Sec. 21. Section 36-2905.05, Arizona Revised Statutes, is amended to
read:
B. PERSONS WHO WOULD BE ELIGIBLE UNDER SECTIONS 11-297, 36-2905 OR
36-2905.03, EXCEPT FOR THEIR FAILURE TO MEET THE CITIZENSHIP OR ALIEN STATUS
REQUIREMENTS PRESCRIBED IN SECTION 36-2903.03, AND WHO ARE LAWFULLY PRESENT
IN THE UNITED STATES ON OR BEFORE AUGUST 21, 1996 ARE ELIGIBLE FOR PRENATAL
CARE.
C.
Sec. 22. Section 36-2931, Arizona Revised Statutes, is amended to
read:
In this article, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment
system administration.
2. "Capitation rate" means a mode of payment which the program
contractor receives for the delivery of services to members pursuant to this article and which is based on a fixed rate per person notwithstanding the
amount of services provided to a member.
3. "Department" means the department of economic security.
4. "Director" means the director of the Arizona health care cost
containment system administration.
5. "Eligible person" means a person who:
(a) Is a resident of this state
(b) Meets the eligibility criteria pursuant to section 36-2934.
(c) Needs institutional services as determined pursuant to section
36-2936.
6. "Home and community based services" means services described in
section 36-2939, subsection B, paragraph 2 and subsection C.
7. "Institutional services" means services described in section
36-2939, subsection A, paragraph 1 and subsection B, paragraph 1.
8. "Member" means an eligible person who is enrolled in the system.
9. "Noncontracting provider" means a person who provides services as
prescribed by section 36-2939 and who does not have a subcontract with a
program contractor.
10. "Program contractor" means a county or group of counties, the
department or any other person that contracts with the administration
pursuant to section 36-2940 or 36-2944 to provide services to members
pursuant to this article.
11. "Provider" means a person who subcontracts with a program
contractor for the delivery of services to members pursuant to this article.
12. "System" means the Arizona long-term care system.
13. "Uniform accounting system" means a standard method of collecting,
recording and safeguarding Arizona long-term care system data.
Sec. 23. Section 36-2932, Arizona Revised Statutes, is amended to
read:
A. The Arizona long-term care system is established. The system
includes the management and delivery of hospitalization, medical care,
institutional services and home and community based services to members
through the administration, the program contractors and providers pursuant
to this article together with federal participation under title XIX of the
social security act. The director in the performance of all duties shall consider the use of existing programs, rules and procedures in the counties
and department where appropriate in meeting federal requirements.
B. The director shall plan for and take all steps necessary to ensure
that the system is implemented on the initial implementation date for persons
defined as developmentally disabled pursuant to section 36-551 and
implemented on the full implementation date for all other eligible persons
including the performance of advanced enrollments. The director may adopt
reasonable procedures and priorities within and among various categories of
potential eligible persons to ensure that advanced enrollments are completed
by the initial and full implementation dates, respectively, or as soon
thereafter as is reasonably practicable. No services may be provided
pursuant to section 36-2939 before the initial and full implementation dates,
respectively.
C. Subject to the approval of the federal government the director
shall limit the aggregate number of skilled nursing facility and intermediate
care facility beds which shall be based on average daily census. If
expenditures for home and community based services pursuant to section
36-2939, subsection C are limited to five per cent of the total projected
long-term care budget for members not defined as developmentally disabled
pursuant to section 36-551, the aggregate number of skilled nursing facility
and intermediate care facility beds shall not exceed:
1. For contract year 1988-1989, a maximum of nine thousand five
hundred skilled nursing facility and intermediate care facility beds.
2. For contract year 1989-1990, a maximum of eleven thousand five
hundred skilled nursing facility and intermediate care facility beds.
D. If the expenditure limitation for home and community based services
pursuant to section 36-2939, subsection C is increased to at least eight per
cent of the total long-term care budget, the director shall lower the maximum
number of skilled nursing facility and intermediate care facility beds to
eight thousand seven hundred beds in contract year 1988-1989 and to ten
thousand four hundred beds in contract year 1989-1990. In subsequent years,
the bed limitation shall be based on a review of the pertinent data from the
comprehensive plan required pursuant to section 36-2940, subsection C and the
previous year's experience with an appropriate factor for program growth and
on a statewide needs assessment completed by the administration which
evaluates the geographic availability of skilled nursing and intermediate
care facility beds. The director shall establish a selective contracting
method for the allowable number of skilled nursing facility beds and
intermediate care facility beds that each program contractor, other than the
department, shall use when contracting for skilled nursing facility beds and
intermediate care facility beds.
E. The administration has full operational responsibility for the
system which shall include the following:
1. Contracting with program contractors.
2. Approving the program contractors' comprehensive service delivery
plans pursuant to section 36-2940.
3. Providing by rule for the ability of the director to review and
approve or disapprove program contractors' request for proposals for
providers and provider subcontracts.
4. Providing technical assistance to the program contractors.
5. Developing a uniform accounting system to be implemented by program
contractors and providers of institutional services and home and community
based services.
6. Conducting quality control on eligibility determinations and
preadmission screenings.
7. Establishing and managing a comprehensive system for assuring the
quality of care delivered by the system as required by federal law.
8. Establishing an enrollment system.
9. Establishing a member case management tracking system.
10. Establishing and managing a method to prevent fraud by applicants,
members, eligible persons, program contractors, providers and noncontracting
providers.
11. Coordinating benefits as provided in section 36-2946.
12. Establishing standards for the coordination of services.
13. Establishing financial and performance audit requirements for
program contractors, providers and noncontracting providers.
14. Ensuring that inspections of care reviews are conducted as required
by federal law.
15. Prescribing remedies as required pursuant to the provisions of 42
United States Code
16. Establishing a system to implement medical child support
requirements, as required by federal law. The administration may enter into
an intergovernmental agreement with the department of economic security to
implement the provisions of this paragraph.
F. For nursing care institutions and hospices that provide services
pursuant to this article, the director shall periodically as deemed necessary
and as required by federal law contract for a financial audit of the
institutions and hospices that is certified by a certified public accountant
in accordance with generally accepted auditing standards or conduct or
contract for a financial audit or review of the institutions and hospices.
The director shall notify the nursing care institution and hospice at least
sixty days prior to beginning a periodic audit. The administration shall
reimburse a nursing care institution or hospice for any additional expenses
incurred for professional accounting services obtained in response to a specific request by the administration. Upon request, the director of the
administration shall provide a copy of an audit performed pursuant to this
subsection to the director of the department of health services or his
designee.
G. Notwithstanding any other provision of this article, the
administration may contract by an intergovernmental agreement with an Indian
tribe, a tribal council or a tribal organization for the provision of
long-term care services pursuant to section 36-2939, subsection A, paragraphs
1, 2, 3 and 4 and the home and community based services pursuant to section
36-2939, subsection B, paragraph 2 and subsection C, subject to the
restrictions in section 36-2939, subsections D and E for eligible members.
H. The director shall require as a condition of a contract that all
records relating to contract compliance are available for inspection by the
administration subject to subsection I of this section and that these records
shall be maintained for five years. The director shall also require that
these records shall be made available on request of the secretary of the
United States department of health and human services or its successor
agency.
I. Subject to applicable law relating to privilege and protection, the
director shall adopt rules prescribing the types of information that are
confidential and circumstances under which that information may be used or
released, including requirements for physician-patient confidentiality.
Notwithstanding any other law, these rules shall provide for the exchange of
necessary information among the program contractors, the administration and
the department for the purposes of eligibility determination under this
article.
J. The director shall adopt rules which specify methods for the
transition of members into, within and out of the system. The rules shall
include provisions for the transfer of members, the transfer of medical
records and the initiation and termination of services.
K. The director shall adopt rules which provide for withholding or
forfeiting payments made to a program contractor if it fails to comply with
a provision of its contract or with the director's rules.
L. The director shall:
1. Establish by rule a grievance and appeal procedure for use by
program contractors, providers, noncontracting providers, counties, members,
eligible persons, those persons who apply to be providers and those persons
who apply to be members, including persons who have been determined to be
ineligible for system coverage. Grievance procedures shall cover grievances
arising pursuant to this article. The grievance and appeal procedure shall
contain provisions relating to the notice to be provided to aggrieved
parties, including notification of final decisions, complaint processes and
internal appeals mechanisms. A grievance and appeal procedure not specified
pursuant to this paragraph, but identified pursuant to title 41, chapter 6, also applies. Final decisions of the director under the grievance and appeal
procedure established pursuant to this paragraph are subject to judicial
review under title 12, chapter 7, article 6.
2. Apply for and accept federal monies available under title XIX of
the social security act in support of the system. In addition, the director
may apply for and accept grants, contracts and private donations in support
of the system.
M. The director may apply for federal monies available for the support
of programs to investigate and prosecute violations arising from the
administration and operation of the system. Available state monies
appropriated for the administration of the system may be used as matching
monies to secure federal monies pursuant to this subsection.
N. The director shall adopt rules which establish requirements of
state residency
O. The director shall adopt rules in accordance with the state plan
regarding post-eligibility treatment of income and resources which determine
the portion of a member's income which shall be available for payment for
services under this article. The rules shall provide that a portion of
income may be retained for:
1. A personal needs allowance for members receiving institutional
services of at least fifteen per cent of the maximum monthly supplemental
security income payment for an individual or a personal needs allowance for
members receiving home and community based services based on a reasonable
assessment of need.
2. Beginning October 1, 1989, the maintenance needs of a spouse or
family at home shall be in accordance with federal law. The minimum resource
allowance for the spouse or family at home shall be twelve thousand dollars
adjusted annually by the same percentage as the percentage change in the
consumer price index for all urban consumers (all items; U.S. city average)
between September 1988 and the September before the calendar year involved.
3. Expenses incurred for medical or remedial care that are not subject
to payment by a third party payor.
P. In addition to the rules otherwise specified in this article, the
director may adopt necessary rules pursuant to title 41, chapter 6 to carry
out this article. Rules adopted by the director pursuant to this subsection
may consider the differences between rural and urban conditions on the
delivery of services.
Q. The director shall not adopt any rule or enter into or approve any
contract or subcontract which does not conform to federal requirements or
which may cause the system to lose any federal monies to which it is
otherwise entitled.
R. The administration, program contractors and providers may establish
and maintain review committees dealing with the delivery of care. Review
committees and their staff are subject to the same requirements, protections,
privileges and immunities prescribed pursuant to section 36-2917.
S. If the director determines that the financial viability of a
nursing care institution or hospice is in question the director may require
a nursing care institution and a hospice providing services pursuant to this
article to submit quarterly financial statements within thirty days after the
end of its financial quarter unless the director grants an extension in
writing before that date. Quarterly financial statements submitted to the
department shall include the following:
1. A balance sheet detailing the institution's assets, liabilities and
net worth.
2. A statement of income and expenses, including current personnel
costs and full-time equivalent statistics.
T. The director may require monthly financial statements if he
determines that the financial viability of a nursing care institution or
hospice is in question. The director shall prescribe the requirements of
these statements.
U. The total amount of state monies that may be spent in any fiscal
year by the administration for long-term care shall not exceed the amount
appropriated or authorized by section 35-173 for that purpose. This article
shall not be construed to impose a duty on an officer, agent or employee of
this state to discharge a responsibility or to create any right in a person
or group if the discharge or right would require an expenditure of state
monies in excess of the expenditure authorized by legislative appropriation
for that specific purpose.
Sec. 24. Section 41-732, Arizona Revised Statutes, is amended to read:
A. The director or the director's authorized representative shall be
the general accountant of this state and keeper of all public account books,
vouchers, documents and papers relating to accounts and contracts of the
state, and to its revenue, debts and fiscal affairs, not required by law to
be placed in some other office or kept by some other person.
B. The general accountant shall:
1. Draw all
2. Keep, or require budget units to keep, an account of all debts and
credits between this state and the United States, and between this state and
every other state, officer or person with whom this state has financial
dealings, and of any separate fund of this state, or touching any duty of the
general accountant's office.
3. Upon approval by the governor, give information in writing to any
person authorized by law to examine the general accountant's accounts or
papers, when required, upon any subject relating to the fiscal affairs of
this state or touching any duty of his office.
4. Keep a seal of office which shall be used to authenticate all
warrants signed by the general accountant and all writings, papers and
documents certified from the office of the general accountant.
Sec. 25. Section 41-1005, Arizona Revised Statutes, is amended to
read:
A. This chapter does not apply to any:
1. Rule which relates to the use of public works, including streets
and highways, under the jurisdiction of an agency if the effect of the order
is indicated to the public by means of signs or signals.
2. Order of the game and fish commission which opens, closes or alters
seasons or establishes bag or possession limits for wildlife.
3. Rule relating to section 28-641 or to any rule regulating motor
vehicle operation which relates to speed, parking, standing, stopping or
passing enacted pursuant to title 28, chapter 6.
4. Rule concerning only the internal management of an agency which
does not directly and substantially affect the procedural or substantive
rights or duties of any segment of the public.
5. Rule that only establishes specific prices to be charged for
particular goods or services sold by an agency.
6. Rule concerning only the physical servicing, maintenance or care
of agency owned or operated facilities or property.
7. Rule or substantive policy statement concerning inmates or
committed youth of a correctional or detention facility in secure custody or
patients admitted to a hospital, if adopted by the state department of
corrections, the department of juvenile corrections, the board of executive
clemency or the department of health services or a facility or hospital
under the jurisdiction of the state department of corrections, the department
of juvenile corrections or the department of health services.
8. Form whose contents or substantive requirements are prescribed by
rule or statute, and instructions for the execution or use of the form.
9. Capped fee-for-service schedule adopted by the Arizona health care
cost containment system administration pursuant to title 36, chapter 29.
10. Fees prescribed by section 6-125.
11. Order of the director of water resources adopting or modifying a
management plan pursuant to title 45, chapter 2, article 9.
12. Fees prescribed by section 15-1425.
13. Fees established under section 3-1086.
14. Fee-for-service schedule adopted by the department of economic
security pursuant to section 8-512.
15. Fees established under sections 41-2144 and 41-2189.
16. Rule or other matter relating to agency contracts.
17. Fees established under section 32-2067 or 32-2132.
18. Rules adopted pursuant to section 5-111, subsection A.
19. Rules adopted by the Arizona conservation corps commission.
20. Rules adopted by the state parks board concerning the operation of
the Tonto natural bridge state park, the facilities located in the Tonto
natural bridge state park and the entrance fees to the Tonto natural bridge
state park.
21. Fees or charges established under section 41-511.05.
22. Emergency medical services protocols except as provided in section
36-2205, subsection C.
23. Fee schedules established pursuant to section 36-3409.
24. Procedures of the state transportation board as prescribed in
section 28-1865.01.
25. Rules adopted by the state department of corrections.
26. Fees prescribed pursuant to section 32-1527.
B. Notwithstanding subsection A, paragraph 24 of this section, at such
time as the federal highway administration authorizes the privatization of
rest areas, the state transportation board shall adopt rules governing the
lease or license by the department of transportation to a private entity for
the purposes of privatization of a rest area.
C. Coincident with adoption of a rule pursuant to an exemption under
this section, the agency shall file a copy of the rule with the secretary of
state for publication pursuant to section 41-1012.
D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this
chapter do not apply to the Arizona board of regents and the institutions
under its jurisdiction, except that the Arizona board of regents shall adopt
policies for the board and the institutions under its jurisdiction which
provide, as appropriate under the circumstances, for notice of and
opportunity for comment on the policies or rules proposed for adoption.
E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this
chapter do not apply to the Arizona state schools for the deaf and the
blind, except that the board of directors of all the state schools for the
deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for
notice of and opportunity for comment on the policies proposed for adoption.
Sec. 26. Section 41-1954, Arizona Revised Statutes, is amended to
read:
A. In addition to the powers and duties of the agencies listed in
section 41-1953, subsection D the department shall:
1. Administer the following services:
(a) Employment services, which shall include manpower programs and
work training, field operations, technical services, unemployment
compensation, community work and training and other related functions in
furtherance of programs under the social security act, as amended, the
Wagner-Peyser act, as amended, the federal unemployment tax act, as amended,
33 United States Code, the family support act of 1988 (P.L. 100-485) and
other related federal acts and titles.
(b) Individual and family services, which shall include a section on
aging, services to children, youth and adults and other related functions in
furtherance of social service programs under the social security act, as
amended, title IV, grants to states for aid and services to needy families
with children and for child-welfare services, title XX, grants to states for
services, the older Americans act, as amended, the family support act of 1988
(P.L. 100-485) and other related federal acts and titles.
(c) Income maintenance services, which shall include categorical
assistance programs, special services unit, child support collection
services, establishment of paternity services and other related functions in
furtherance of programs under the social security act, title IV, grants to
states for aid and services to needy families with children and for
child-welfare services, title XX, grants to states for services, as amended,
and other related federal acts and titles.
(d) Rehabilitation services, which shall include vocational
rehabilitation services and sections for the blind and visually impaired,
communication disorders, correctional rehabilitation and other related
functions in furtherance of programs under the vocational rehabilitation act,
as amended, the Randolph-Sheppard act, as amended, and other related federal
acts and titles.
(e) Administrative services, which shall include the coordination of
program evaluation and research, interagency program coordination and
in-service training, planning, grants, development and management,
information, legislative liaison, budget, licensing and other related
functions.
(f) Manpower planning, which shall include a state manpower planning
council for the purposes of the federal-state-local cooperative manpower
planning system and other related functions in furtherance of programs under the comprehensive employment and training act of 1973, as amended, and other
related federal acts and titles.
(g) Apprenticeship functions as prescribed in title 23, chapter 2,
article 2, and furtherance of programs under the Fitzgerald act, Public Law
308, 75th Congress, as amended, and other related federal acts and titles.
(h) Economic opportunity services, which shall include the furtherance
of programs prescribed under the economic opportunity act of 1967, as
amended, and other related federal acts and titles.
(i) Mental retardation and other developmental disability programs,
with emphasis on referral and purchase of services. The program shall
include educational, rehabilitation, treatment and training services and
other related functions in furtherance of programs under the developmental
disabilities services and facilities construction act, U.S. Public Law
91-517, and other related federal acts and titles.
(j) Nonmedical home and community based services and functions
including department designated case management, housekeeping services, chore
services, home health aid, personal care, visiting nurse services, adult day
care or adult day health, respite sitter care, attendant care, home delivered
meals and other related services and functions.
2. Provide a coordinated system of initial intake, screening,
evaluation and referral of persons served by the department.
3. Adopt rules it deems necessary or desirable to further the
objectives and programs of the department.
4. Formulate policies, plans and programs to effectuate the missions
and purposes of the department.
5. Employ, determine the conditions of employment and prescribe the
duties and powers of administrative, professional, technical, secretarial,
clerical and other persons as may be necessary in the performance of its
duties, contract for the services of outside advisors, consultants and aides
as may be reasonably necessary and reimburse department volunteers,
designated by the director, for expenses in transporting clients of the
department on official business.
6. Make contracts and incur obligations within the general scope of
its activities and operations subject to the availability of funds.
7. Contract with or assist other departments, agencies and
institutions of the state, local and federal governments in the furtherance
of its purposes, objectives and programs.
8. Be designated as the single state agency for the purposes of
administering and in furtherance of each federally supported state plan.
9. Accept and disburse grants, matching funds and direct payments from
public or private agencies for the conduct of programs which are consistent
with the overall purposes and objectives of the department.
10. Provide information and advice on request by local, state and
federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to the
departmental rules on the confidentiality of information.
11. Establish and maintain separate financial accounts as required by
federal law or regulations.
12. Advise with and make recommendations to the governor and the
legislature on all matters concerning its objectives.
13. Have an official seal which shall be judicially noticed.
14. Annually estimate the current year's population of each county,
city and town in this state, using the periodic census conducted by the
United States department of commerce, or its successor agency, as the basis
for such estimates and deliver such estimates to the economic estimates
commission prior to December 15.
15. Estimate the population of any newly annexed areas of a political
subdivision as of July 1 of the fiscal year in which the annexation occurs
and deliver such estimates as promptly as is feasible after the annexation
occurs to the economic estimates commission.
16. Establish and maintain a statewide program of services for persons
who are both hearing impaired and visually impaired and coordinate
appropriate services with other agencies and organizations to avoid
duplication of these services and to increase efficiency. The department of
economic security shall enter into agreements for the utilization of the
personnel and facilities of the department of economic security, the
department of health services and other appropriate agencies and
organizations in providing these services.
17. Establish and charge fees for deposit in the department of economic
security prelayoff assistance services fund to employers who voluntarily
participate in the services of the department which provide job service and
retraining for persons who have been or are about to be laid off from
employment. The department shall charge only those fees necessary to cover
the costs of administering the job service and retraining services.
18. Establish a focal point for addressing the issue of hunger in
Arizona and provide coordination and assistance to public and private
nonprofit organizations which aid hungry persons and families throughout this
state. Specifically such activities shall include:
(a) Collecting and disseminating information regarding the location
and availability of surplus food for distribution to needy persons, the
availability of surplus food for donation to charity food bank organizations,
and the needs of charity food bank organizations for surplus food.
(b) Coordinating the activities of federal, state, local and private
nonprofit organizations which provide food assistance to the hungry.
(c) Accepting and disbursing federal monies, and any state monies
appropriated by the legislature, to private nonprofit organizations in
support of the collection, receipt, handling, storage, and distribution of
donated or surplus food items.
(d) Providing technical assistance to private nonprofit organizations
which provide or intend to provide services to the hungry.
(e) Developing a state plan on hunger which, at a minimum, identifies
the magnitude of the hunger problem in this state, the characteristics of the
population in need, the availability and location of charity food banks and
the potential sources of surplus food, assesses the effectiveness of the
donated food collection and distribution network and other efforts to
alleviate the hunger problem, and recommends goals and strategies to improve
the status of the hungry. The state plan on hunger shall be incorporated
into the department's state comprehensive plan prepared pursuant to section
41-1956.
(f) Establishing a special purpose advisory council on hunger pursuant
to section 41-1981.
19. Establish an office to address the issue of homelessness and to
provide coordination and assistance to public and private nonprofit
organizations which prevent homelessness or aid homeless individuals and
families throughout this state. These activities shall include:
(a) Promoting and participating in planning for the prevention of
homelessness and the development of services to homeless persons.
(b) Identifying and developing strategies for resolving barriers in
state agency service delivery systems that inhibit the provision and
coordination of appropriate services to homeless persons and persons in
danger of being homeless.
(c) Assisting in the coordination of the activities of federal, state
and local governments and the private sector which prevent homelessness or
provide assistance to homeless people.
(d) Assisting in obtaining and increasing funding from all appropriate
sources to prevent homelessness or assist in alleviating homelessness.
(e) Serving as a clearinghouse on information regarding funding and
services available to assist homeless persons and persons in danger of being
homeless.
(f) Developing an annual state comprehensive homeless assistance plan
to prevent and alleviate homelessness.
(g) Submitting an annual report by January 1, 1992 and each year
thereafter to the governor, the president of the senate and the speaker of
the house of representatives on the status of homelessness and efforts to
prevent and alleviate homelessness.
B. If the department has responsibility for the care, custody or
control of a child or is paying the cost of care for a child, it may serve
as representative payee to receive and administer social security and
veterans administration benefits and other benefits payable to such child.
Notwithstanding any provision of law to the contrary, the department:
1. Shall transmit such monies as it receives to the state treasurer
to be placed and retained separate and apart from the general fund in the
state treasury and on the books of the department of administration.
2. May use such monies to defray the cost of care and services
expended by the department for the benefit, welfare and best interests of the
child and invest any of the monies that the director determines are not
necessary for immediate use.
3. Shall maintain separate records to account for the receipt,
investment and disposition of funds received for each child.
4. Shall, upon termination of the department's responsibility for the
child, release any funds remaining to the child's credit in accordance with
the requirements of the funding source or in the absence of such requirements
shall release the remaining funds to:
(a) The child, if the child is at least eighteen years of age or is
emancipated.
(b) The person responsible for the child if the child is a minor and
not emancipated.
C. Nothing in subsection B of this section shall pertain to benefits
payable to or for the benefit of a child receiving services under title 36.
D. Volunteers reimbursed for expenses pursuant to subsection A,
paragraph 5 of this section are not eligible for workers' compensation under
title 23, chapter 6.
1. It is determined on an individual case basis that they have
emergency needs.
1. For inpatient hospital admissions and outpatient hospital services
the department shall reimburse a hospital according to the tiered per diem
rates and outpatient cost-to-charge ratios established by the Arizona health
care cost containment system pursuant to section 36-2903.01, subsection J.
2. The department's liability for a hospital claim under this
subsection is subject to availability of funds.
3. A hospital bill is considered received for purposes of paragraph
5 of this subsection upon initial receipt of the legible, error-free claim
form by the department if the claim includes the following error-free
documentation in legible form:
(a) An admission face sheet.
(b) An itemized statement.
(c) An admission history and physical.
(d) A discharge summary or an interim summary if the claim is split.
(e) An emergency record, if admission was through the emergency room.
(f) Operative reports, if applicable.
(g) A labor and delivery room report, if applicable.
4. The department shall require that the hospital pursue other third
party payors prior to submitting a claim to the department. Payment received
by a hospital from the department pursuant to this subsection is considered
payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third
party payors or in situations covered by title 33, chapter 7, article 3.
5. For inpatient hospital admissions and outpatient hospital services
rendered on and after October 1, 1997, if the department receives the claim
directly from the hospital, the department shall pay a hospital's rate
established according to this section subject to the following:
(a) If the hospital's bill is paid within thirty days of the date the
bill was received, the department shall pay ninety-nine per cent of the rate.
(b) If the hospital's bill is paid after thirty days but within sixty
days of the date the bill was received, the department shall pay one hundred
per cent of the rate.
(c) If the hospital's bill is paid any time after sixty days of the
date the bill was received, the department shall pay one hundred per cent of
the rate plus a fee of one per cent per month for each month or portion of
a month following the sixtieth day of receipt of the bill until the date of
payment.
6. For medical services other than those for which a rate has been
established pursuant to section 36-2903.01, subsection J, the department
shall pay according to the Arizona health care cost containment system capped
fee-for-service schedule adopted pursuant to section 36-2904, subsection M
or any other established fee schedule the department determines reasonable.
Sec. 27.
Title 41, chapter 14, article 6, Arizona Revised Statutes, is repealed.
Sec. 28. Section 43-1021, Arizona Revised Statutes, is amended to
read:
In computing Arizona adjusted gross income, the following amounts shall
be added to Arizona gross income:
1. A beneficiary's share of trust or estate income includible under
section 43-1344.
2. A beneficiary's share of trust or estate deductions allowable under
the internal revenue code.
3. An amount equal to the "ordinary income portion" of a lump sum
distribution that was excluded from federal adjusted gross income pursuant
to section 402(e) of the internal revenue code.
4. The amount of interest income received on obligations of any state,
territory or possession of the United States, or any political subdivision
thereof, located outside the state of Arizona.
5. Annuity income received during the taxable year to the extent that
the sum of the proceeds received from such annuity in all taxable years prior to and including the current taxable year exceeds the total consideration and
premiums paid by the taxpayer. This paragraph applies only to those
annuities with respect to which the first payment was received prior to
December 31, 1978.
6. The excess of a partner's share of partnership taxable income
required to be included under chapter 14, article 2 of this title over the
income required to be reported under section 702(a)(8) of the internal
revenue code.
7. The excess of a partner's share of partnership losses determined
pursuant to section 702(a)(8) of the internal revenue code over the losses
allowable under chapter 14, article 2 of this title.
8. The amount by which the adjusted basis of property described in
this paragraph and computed pursuant to the internal revenue code exceeds the
adjusted basis of such property computed pursuant to this title and the
income tax act of 1954, as amended. This paragraph shall apply to all
property which is held for the production of income and which is sold or
otherwise disposed of during the taxable year, except depreciable property
used in a trade or business.
9. The amount of depreciation or amortization of costs of any capital
investment that is deducted pursuant to section 167 or 179 of the internal
revenue code by a qualified defense contractor with respect to which an
election is made to amortize pursuant to section 43-1024.
10. The amount of gain from the sale or other disposition of a capital
investment which a qualified defense contractor has elected to amortize
pursuant to section 43-1024.
11. The amount of depreciation or amortization of costs of child care
facilities deducted pursuant to section 167 or 188 of the internal revenue
code for which a credit is taken under section 43-1075, subsection A,
paragraph 1.
12. Amounts withdrawn from the state retirement system, the corrections
officer retirement plan, the public safety personnel retirement system, the
elected officials' retirement plan or a county or city retirement plan by an
employee upon termination of employment before retirement to the extent they
were deducted in arriving at Arizona taxable income in any year.
13. That portion of the net operating loss included in federal adjusted
gross income which has already been taken as a net operating loss for
Arizona purposes.
14. Any nonitemized amount deducted pursuant to section 170 of the
internal revenue code representing contributions to an educational
institution which denies admission, enrollment or board and room
accommodations on the basis of race, color or ethnic background except those
institutions primarily established for the education of American Indians.
15. The amount of depreciation or amortization of costs of recycling
equipment deducted pursuant to the internal revenue code for which an
election is made pursuant to section 43-1076.
16. The amount paid as taxes on property in this state with respect to
which a credit is claimed under section 43-1078.
17. Amounts withdrawn by the taxpayer during the taxable year from an
individual medical savings account established in the taxpayer's name
pursuant to:
(a) Section 43-1028, subsection F.
(b) Section 43-1028, subsection G and not transferred to a new trustee
within sixty days after the withdrawal.
18. Any amount of agricultural water conservation expenses that were
deducted pursuant to the internal revenue code for which a credit is claimed
under section 43-1084.
19. The amount by which the depreciation or amortization computed under
the internal revenue code with respect to property for which a credit was
taken under section 43-1080 exceeds the amount of depreciation or
amortization computed pursuant to the internal revenue code on the Arizona
adjusted basis of the property.
20. The amount by which the adjusted basis computed under the internal
revenue code with respect to property for which a credit was claimed under
section 43-1080 and which is sold or otherwise disposed of during the taxable
year exceeds the adjusted basis of the property computed under section
43-1080.
21. The amount by which the depreciation or amortization computed under
the internal revenue code with respect to property for which a credit was
taken under section 43-1081 exceeds the amount of depreciation or
amortization computed pursuant to the internal revenue code on the Arizona
adjusted basis of the property.
22. The amount by which the adjusted basis computed under the internal
revenue code with respect to property for which a credit was claimed under
section 43-1081 and which is sold or otherwise disposed of during the taxable
year exceeds the adjusted basis of the property computed under section
43-1081.
23. The deduction referred to in section 1341(a)(4) of the internal
revenue code for restoration of a substantial amount held under a claim of
right.
24. The amount by which a net operating loss carryover or capital loss
carryover allowable pursuant to section 1341(b)(5) of the internal revenue
code exceeds the net operating loss carryover or capital loss carryover
allowable pursuant to section 43-1029, subsection F.
26. ANY AMOUNT DEDUCTED PURSUANT TO SECTION 170 OF THE INTERNAL REVENUE
CODE REPRESENTING CONTRIBUTIONS TO A QUALIFYING CHARITABLE ORGANIZATION FOR
WHICH A CREDIT IS CLAIMED UNDER SECTION 43-1088.
Sec. 29. Title 43, chapter 10, article 5, Arizona Revised Statutes,
is amended by adding section 43-1087, to read:
1. ONE-FOURTH OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED FIVE HUNDRED DOLLARS, IN THE FIRST YEAR
OR PARTIAL YEAR OF EMPLOYMENT. WAGES THAT WERE SUBSIDIZED AS PROVIDED BY
SECTION 46-299 SHALL NOT BE INCLUDED.
2. ONE-THIRD OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED ONE THOUSAND DOLLARS PER QUALIFIED
EMPLOYMENT POSITION, IN THE SECOND YEAR OF CONTINUOUS EMPLOYMENT. WAGES THAT
WERE SUBSIDIZED AS PROVIDED BY SECTION 46-299 SHALL NOT BE INCLUDED.
3. ONE-HALF OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS PER
QUALIFIED EMPLOYMENT POSITION, IN THE THIRD YEAR OF CONTINUOUS EMPLOYMENT.
WAGES THAT WERE SUBSIDIZED AS PROVIDED BY SECTION 46-299 SHALL NOT BE
INCLUDED.
B. THE CREDIT ALLOWED IN THIS SECTION IS IN LIEU OF ANY WAGE EXPENSE
DEDUCTION TAKEN FOR STATE TAX PURPOSES.
C. TO QUALIFY FOR A CREDIT UNDER THIS SECTION:
1. ALL OF THE EMPLOYEES WITH RESPECT TO WHOM A CREDIT IS CLAIMED MUST
RESIDE IN THIS STATE AND MUST BE RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES AS DEFINED IN SECTION 46-101 AT THE TIME THE EMPLOYEE IS HIRED.
2. A QUALIFIED EMPLOYMENT POSITION MUST MEET ALL OF THE FOLLOWING
REQUIREMENTS:
(
(
(
(
(
(
C. THE NET INCREASE IN THE NUMBER OF QUALIFIED EMPLOYMENT POSITIONS
SHALL BE DETERMINED BY COMPARING THE AVERAGE NUMBER OF QUALIFIED EMPLOYMENT
POSITIONS DURING THE TAXABLE YEAR WITH THE IMMEDIATELY PRECEDING TAXABLE YEAR
BASED ON THE TAXPAYER'S REPORT TO THE DEPARTMENT OF ECONOMIC SECURITY FOR
UNEMPLOYMENT PURPOSES.
D. IF THE ALLOWABLE TAX CREDIT EXCEEDS THE INCOME TAXES OTHERWISE DUE
ON THE CLAIMANT'S INCOME, THE AMOUNT OF THE CLAIM NOT USED AS AN OFFSET
AGAINST INCOME TAXES MAY BE CARRIED FORWARD AS A TAX CREDIT AGAINST
SUBSEQUENT YEARS' INCOME TAX LIABILITY FOR THE PERIOD, NOT TO EXCEED FIVE
CONSECUTIVE TAXABLE YEARS.
E. CO-OWNERS OF A BUSINESS, INCLUDING PARTNERS IN A PARTNERSHIP AND
SHAREH0LDERS OF AN S CORPORATION AS DEFINED IN SECTION 1361 OF THE INTERNAL
REVENUE CODE, MAY CLAIM ONLY THE PRO RATA SHARE OF THE CREDIT ALLOWED UNDER
THIS SECTION BASED ON THE OWNERSHIP INTEREST. THE TOTAL OF THE CREDITS
ALLOWED ALL THE OWNERS OF THE BUSINESS MAY NOT EXCEED THE AMOUNT THAT WOULD
HAVE BEEN ALLOWED FOR A SOLE OWNER OF THE BUSINESS.
F. THE DEPARTMENT MAY ADOPT RULES NECESSARY FOR THE ADMINISTRATION OF
THIS SECTION.
Sec. 30. Title 43, chapter 10, article 5, Arizona Revised Statutes,
is amended by adding section 43-1088, to read:
B. IF THE ALLOWABLE TAX CREDIT EXCEEDS THE TAXES OTHERWISE DUE UNDER
THIS TITLE ON THE CLAIMANT'S INCOME, OR IF THERE ARE NO TAXES DUE UNDER THIS
TITLE, THE TAXPAYER MAY CARRY THE AMOUNT OF THE CLAIM NOT USED TO OFFSET THE
TAXES UNDER THIS TITLE FORWARD FOR NOT MORE THAN FIVE CONSECUTIVE TAXABLE
YEARS' INCOME TAX LIABILITY.
C. THE CREDIT ALLOWED BY THIS SECTION IS IN LIEU OF A DEDUCTION
PURSUANT TO SECTION 170 OF THE INTERNAL REVENUE CODE AND TAKEN FOR STATE TAX
PURPOSES.
D. TAXPAYERS TAKING A CREDIT AUTHORIZED BY THIS SECTION SHALL PROVIDE
THE NAME OF THE QUALIFYING CHARITABLE ORGANIZATION AND THE AMOUNT OF THE
CONTRIBUTION TO THE DEPARTMENT OF REVENUE ON FORMS PROVIDED BY THE
DEPARTMENT.
E. THE CREDIT UNDER THIS SECTION APPLIES ONLY TO CONTRIBUTIONS TO
QUALIFYING CHARITABLE ORGANIZATIONS THAT EXCEED THE TOTAL AMOUNT DEDUCTED
PURSUANT TO SECTION 170 OF THE INTERNAL REVENUE CODE IN THE TAXPAYER'S
BASELINE YEAR. THE TAXPAYER'S BASELINE YEAR IS:
1. THE 1996 TAXABLE YEAR IF THE TAXPAYER DEDUCTED CHARITABLE
CONTRIBUTIONS PURSUANT TO SECTION 170 OF THE INTERNAL REVENUE CODE IN THE
1996 TAXABLE YEAR.
2. IF THE TAXPAYER DID NOT DEDUCT CHARITABLE CONTRIBUTIONS PURSUANT
TO SECTION 170 OF THE INTERNAL REVENUE CODE IN THE 1996 TAXABLE YEAR, THE
TAXPAYER'S BASELINE YEAR IS THE FIRST TAXABLE YEAR AFTER 1996 THAT THE
TAXPAYER DEDUCTED CHARITABLE CONTRIBUTIONS PURSUANT TO SECTION 170 OF THE
INTERNAL REVENUE CODE.
F. A QUALIFYING CHARITABLE ORGANIZATION SHALL PROVIDE THE DEPARTMENT
OF REVENUE WITH A WRITTEN CERTIFICATION THAT IT MEETS ALL CRITERIA TO BE
CONSIDERED A QUALIFYING CHARITABLE ORGANIZATION. THE ORGANIZATION SHALL ALSO
NOTIFY THE DEPARTMENT OF ANY CHANGES THAT MAY AFFECT THE QUALIFICATIONS UNDER
THIS SECTION.
G. FOR PURPOSES OF THIS SECTION:
1. "LOW INCOME INDIVIDUALS" MEANS PERSONS WHOSE HOUSEHOLD INCOME IS
LESS THAN ONE HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY LEVEL.
2. "QUALIFYING CHARITABLE ORGANIZATION" MEANS A CHARITABLE
ORGANIZATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION
501
3. "SERVICES" MEANS CASH ASSISTANCE, MEDICAL CARE, CHILD CARE, FOOD,
CLOTHING, SHELTER OR ANY OTHER ASSISTANCE THAT IS REASONABLY NECESSARY TO
MEET IMMEDIATE BASIC NEEDS AND THAT IS PROVIDED AND USED IN THIS STATE.
Sec. 31. Section 43-1121, Arizona Revised Statutes, is amended to
read:
In computing Arizona taxable income for a corporation, the following
amounts shall be added to Arizona gross income:
1. The amounts computed pursuant to section 43-1021, paragraphs 4
through 10 and 14.
2. The amount of dividend income received from corporations and
allowed as a deduction pursuant to sections 243, 244 and 245 of the internal
revenue code.
3. Taxes which are based on income paid to other states, local
governments or foreign governments and which were deducted in computing
federal taxable income.
4. Expenses and interest relating to tax-exempt income on indebtedness
incurred or continued to purchase or carry obligations the interest on which
is wholly exempt from the tax imposed by this title. Financial institutions,
as defined in section 6-101, shall be governed by section 43-961,
paragraph 2.
5. Commissions, rentals and other amounts paid or accrued to a
domestic international sales corporation controlled by the payor corporation
if the domestic international sales corporation is not required to report its
taxable income to this state because its income is not derived from or
attributable to sources within this state. If the domestic international
sales corporation is subject to article 4 of this chapter, the department
shall prescribe by rule the method of determining the portion of the
commissions, rentals and other amounts which are paid or accrued to the
controlled domestic international sales corporation and which shall be
deducted by the payor. "Control" for purposes of this paragraph means direct
or indirect ownership or control of fifty per cent or more of the voting
stock of the domestic international sales corporation by the payor
corporation.
6. Federal income tax refunds received during the taxable year to the
extent they were deducted in arriving at Arizona taxable income in a previous
year.
7. The amount of net operating loss taken pursuant to section 172 of
the internal revenue code.
8. The amount of exploration expenses determined pursuant to section
617 of the internal revenue code to the extent that they exceed seventy-five
thousand dollars and to the extent that the election is made to defer those
expenses not in excess of seventy-five thousand dollars.
9. Amortization of costs incurred to install pollution control devices
and deducted pursuant to the internal revenue code or the amount of deduction
for depreciation taken pursuant to the internal revenue code on pollution
control devices for which an election is made pursuant to section 43-1129.
10. The amount of depreciation or amortization of costs of child care
facilities deducted pursuant to section 167 or 188 of the internal revenue
code for which an election is made to amortize pursuant to section 43-1130
or for which a credit is taken under section 43-1163, subsection A,
paragraph 1.
11. Arizona state income tax refunds received, to the extent the amount
of the refunds is not already included in Arizona gross income, if a tax
benefit was derived by deduction of this amount in a prior year.
12. The amount of depreciation or amortization of costs of recycling
equipment deducted pursuant to the internal revenue code for which an
election is made pursuant to section 43-1164.
13. The amount paid as taxes on property in this state by a qualified
defense contractor with respect to which a credit is claimed under section
43-1166.
14. The loss of an insurance company that is exempt under section
43-1201 to the extent that it is included in computing Arizona gross income
on a consolidated return pursuant to section 43-947.
15. Any amount of agricultural water conservation expenses that were
deducted pursuant to the internal revenue code for which a credit is claimed
under section 43-1172.
16. The amount by which the depreciation or amortization computed under
the internal revenue code with respect to property for which a credit was
taken under section 43-1169 exceeds the amount of depreciation or
amortization computed pursuant to the internal revenue code on the Arizona
adjusted basis of the property.
17. The amount by which the adjusted basis computed under the internal
revenue code with respect to property for which a credit was claimed under
section 43-1169 and which is sold or otherwise disposed of during the taxable
year exceeds the adjusted basis of the property computed under section
43-1169.
18. The amount by which the depreciation or amortization computed under
the internal revenue code with respect to property for which a credit was
taken under section 43-1170 exceeds the amount of depreciation or
amortization computed pursuant to the internal revenue code on the Arizona
adjusted basis of the property.
19. The amount by which the adjusted basis computed under the internal
revenue code with respect to property for which a credit was claimed under
section 43-1170 and which is sold or otherwise disposed of during the taxable
year exceeds the adjusted basis of the property computed under section
43-1170.
20. The deduction referred to in section 1341(a)(4) of the internal
revenue code for restoration of a substantial amount held under a claim of
right.
21. The amount by which a capital loss carryover allowable pursuant to
section 1341(b)(5) of the internal revenue code exceeds the capital loss
carryover allowable pursuant to section 43-1130.01, subsection F.
Sec. 32. Title 43, chapter 11, article 6, Arizona Revised Statutes,
is amended by adding section 43-1175, to read:
1. ONE-FOURTH OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED FIVE HUNDRED DOLLARS, IN THE FIRST YEAR
OR PARTIAL YEAR OF EMPLOYMENT. WAGES THAT WERE SUBSIDIZED AS PROVIDED BY
SECTION 46-299 SHALL NOT BE INCLUDED.
2. ONE-THIRD OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED ONE THOUSAND DOLLARS PER QUALIFIED
EMPLOYMENT POSITION, IN THE SECOND YEAR OF CONTINUOUS EMPLOYMENT. WAGES THAT
WERE SUBSIDIZED AS PROVIDED BY SECTION 46-299 SHALL NOT BE INCLUDED.
3. ONE-HALF OF THE TAXABLE WAGES PAID TO AN EMPLOYEE IN A QUALIFIED
EMPLOYMENT POSITION, NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS PER
QUALIFIED EMPLOYMENT POSITION, IN THE THIRD YEAR OF CONTINUOUS EMPLOYMENT.
WAGES THAT WERE SUBSIDIZED AS PROVIDED BY SECTION 46-299 SHALL NOT BE
INCLUDED.
B. THE CREDIT ALLOWED IN THIS SECTION IS IN LIEU OF ANY WAGE EXPENSE
DEDUCTION TAKEN FOR STATE TAX PURPOSES.
C. TO QUALIFY FOR A CREDIT UNDER THIS SECTION:
1. ALL OF THE EMPLOYEES WITH RESPECT TO WHOM A CREDIT IS CLAIMED MUST
RESIDE IN THIS STATE AND MUST BE RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES AS DEFINED IN SECTION 46-101 AT THE TIME THE EMPLOYEE IS HIRED.
2. A QUALIFIED EMPLOYMENT POSITION MUST MEET ALL OF THE FOLLOWING
REQUIREMENTS:
(
(
(
(
(
(
C. THE NET INCREASE IN THE NUMBER OF QUALIFIED EMPLOYMENT POSITIONS
SHALL BE DETERMINED BY COMPARING THE AVERAGE NUMBER OF QUALIFIED EMPLOYMENT
POSITIONS DURING THE TAXABLE YEAR WITH THE IMMEDIATELY PRECEDING TAXABLE YEAR
BASED ON THE TAXPAYER'S REPORT TO THE DEPARTMENT OF ECONOMIC SECURITY FOR
UNEMPLOYMENT PURPOSES.
D. IF THE ALLOWABLE TAX CREDIT EXCEEDS THE INCOME TAXES OTHERWISE DUE
ON THE CLAIMANT'S INCOME, THE AMOUNT OF THE CLAIM NOT USED AS AN OFFSET
AGAINST INCOME TAXES MAY BE CARRIED FORWARD AS A TAX CREDIT AGAINST
SUBSEQUENT YEARS' INCOME TAX LIABILITY FOR THE PERIOD, NOT TO EXCEED FIVE
CONSECUTIVE TAXABLE YEARS.
E. CO-OWNERS OF A BUSINESS, INCLUDING CORPORATE PARTNERS IN A
PARTNERSHIP, MAY CLAIM ONLY THE PRO RATA SHARE OF THE CREDIT ALLOWED UNDER
THIS SECTION BASED ON THE OWNERSHIP INTEREST. THE TOTAL OF THE CREDITS
ALLOWED ALL OF THE OWNERS OF THE BUSINESS MAY NOT EXCEED THE AMOUNT THAT
WOULD HAVE BEEN ALLOWED FOR A SOLE OWNER OF THE BUSINESS.
F. THE DEPARTMENT MAY ADOPT RULES NECESSARY FOR THE ADMINISTRATION OF
THIS SECTION.
Sec. 33. Section 46-101, Arizona Revised Statutes, is amended to read:
As used in this title, unless the context otherwise requires:
10. "EMPLOYMENT PLAN" MEANS AN AGREEMENT BETWEEN THE DEPARTMENT AND THE
CASH ASSISTANCE RECIPIENT REGARDING THE PARTICIPANT'S WORK ACTIVITIES AND
SERVICES PROVIDED BY THE DEPARTMENT.
14. "PARTICIPANT" MEANS A RECIPIENT OF CASH ASSISTANCE ENGAGED IN WORK
ACTIVITIES THROUGH THE JOBS PROGRAM.
15. "PERSONAL RESPONSIBILITY DECLARATION" MEANS A DOCUMENT THAT IS
PRESCRIBED BY THE DEPARTMENT IN WHICH THE APPLICANT ACKNOWLEDGES
UNDERSTANDING OF THE APPLICANT'S PERSONAL RESPONSIBILITY.
21. "TEMPORARILY DEFERRED" MEANS THE POSTPONEMENT OF WORK ACTIVITIES.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Sec. 34. Section 46-132, Arizona Revised Statutes, is amended to read:
A. There shall be a special services unit in the department of
economic security.
B. The supervisor of the special services unit shall be qualified with
appropriate investigative or legal background. He shall be responsible to
the director for the following:
1. Performing such special investigating duties in any county in the
state as may be assigned.
2. Assist in preparing
3. Establish liaison with the various law enforcement agencies.
4. Other related duties and responsibilities as may be assigned.
Sec. 35. Section 46-134, Arizona Revised Statutes, is amended to read:
A. The state department shall:
1. Administer all forms of public relief and assistance except those
which by law are administered by other departments, agencies or boards.
2. Administer child welfare activities, including:
(a) Importation of children.
(b) Licensing and supervising private and local public child caring
agencies and institutions.
(c) Providing the cost of care of:
(i) Children who are adjudicated by the court as dependent and who are
in foster family homes or institutions, except state institutions.
(ii) Children who are voluntarily placed in foster family homes as
provided in section 8-546.05.
(iii) Children who are adjudicated dependent and in the custody of the
department and ordered by the court pursuant to section 8-241 to reside in
an independent living program pursuant to section 8-521.
(d) Providing services for children placed in adoption.
(e) Providing the cost of care of unwed mothers who are under the age
of eighteen years during the period of their pregnancy and confinement in
foster family homes or institutions and when determined by the department to
be economically eligible. Costs of hospitalization and medical expenses attendant to the care of the mother and child shall be excluded from any
payments made under this subdivision.
3. For the purposes of paragraph 2, subdivision (c)
4. Develop a section of rehabilitation for the visually impaired which
shall include a sight conservation section, a vocational rehabilitation
section in accordance with the federal vocational rehabilitation act, a
vending stand section in accordance with the federal Randolph-Sheppard act,
an adjustment service section which shall include rehabilitation teaching and
other social services deemed necessary, and shall cooperate with similar
agencies already established. The administrative officer and staff of the
section for the blind and visually impaired shall be employed only in the
work of that section.
5. Assist other departments, agencies and institutions of the state
and federal governments, when requested, by performing services in conformity
with the purposes of this title.
6. Act as agent of the federal government in furtherance of any
functions of the state department.
7. Carry on research and compile statistics relating to the entire
public welfare program throughout this state, including all phases of
dependency and defectiveness.
8. Cooperate with the superior court in cases of delinquency and
related problems.
9. Develop plans in cooperation with other public and private agencies
for the prevention and treatment of conditions giving rise to public welfare
and social security problems.
10. Make necessary expenditures in connection with the duties specified
in paragraphs 7, 8, 9
11. Have the power to apply for, accept, receive and expend public and
private gifts or grants of money or property upon such terms and conditions
as may be imposed by the donor and for any purpose provided for by this
chapter.
12. Make rules, and take action necessary or desirable to carry out the
provisions of this title, which are not inconsistent with this title.
13. Administer any additional welfare functions required by law.
14. Continue to provide the cost of care of persons under the age of
twenty-one who were placed in a foster family home, an institution or the
independent living program prior to the age of eighteen, and who voluntarily remain in such care and who are currently enrolled in and regularly attending
any high school. In no event shall such cost of care be continued for a
person who has received a high school diploma or certificate of equivalency.
15. Petition, as necessary to implement the case plan established under
section 8-511, for the appointment of a guardian or a temporary guardian
under title 14, chapter 5 for children who are in custody of the department
pursuant to court order. Persons applying to be guardians or temporary
guardians under this section shall be fingerprinted. A foster parent or
certified adoptive parent already fingerprinted is not required to be
fingerprinted again if he is the person applying to be the guardian or
temporary guardian.
17. FURNISH A FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICER, AT THE
REQUEST OF THE OFFICER, WITH THE CURRENT ADDRESS OF ANY RECIPIENT IF THE
OFFICER FURNISHES THE AGENCY WITH THE NAME OF THE RECIPIENT AND NOTIFIES THE
AGENCY THAT THE RECIPIENT IS A FUGITIVE FELON OR A PROBATION, PAROLE OR
COMMUNITY SUPERVISION VIOLATOR OR HAS INFORMATION THAT IS NECESSARY FOR THE
OFFICER TO CONDUCT THE OFFICIAL DUTIES OF THE OFFICER AND THE LOCATION OR
APPREHENSION OF THE RECIPIENT IS WITHIN THESE OFFICIAL DUTIES.
B. The total amount of state monies that may be spent in any fiscal
year by the state department for foster care as provided in subsection A,
paragraph 2, subdivision (c) of this section shall not exceed the amount
appropriated or authorized by section 35-173 for that purpose. This section
shall not be construed to impose a duty on an officer, agent or employee of
this state to discharge a responsibility or to create any right in a person
or group if the discharge or right would require an expenditure of state
monies in excess of the expenditure authorized by legislative appropriation
for that specific purpose.
Sec. 36. Title 46, chapter 1, article 3, Arizona Revised Statutes, is
amended by adding section 46-138.03, to read:
B. THE DEPARTMENT SHALL ADMINISTER THE FUND, AND THE FUND IS SUBJECT
TO LEGISLATIVE APPROPRIATION.
C. THE FUND SHALL BE USED TO SUPPLEMENT EXISTING APPROPRIATIONS WHEN
CASELOADS FOR THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM EXCEED
BUDGETED PROJECTIONS.
D. THE FUND IS EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING
TO LAPSING OF APPROPRIATIONS.
Sec. 37. Title 46, chapter 1, Arizona Revised Statutes, is amended by
adding article 4, to read:
1. NO MORE THAN 38% OF TOTAL BIRTHS FOR 1997-1998.
2. NO MORE THAN 37% OF TOTAL BIRTHS FOR 1998-1999.
3. NO MORE THAN 35% OF TOTAL BIRTHS FOR 1999-2000.
4. NO MORE THAN 33% OF TOTAL BIRTHS FOR 2000-2001.
5. NO MORE THAN 31% OF TOTAL BIRTHS FOR 2001-2002.
6. NO MORE THAN 29% OF TOTAL BIRTHS FOR 2002-2003.
7. NO MORE THAN 27% OF TOTAL BIRTHS FOR 2003-2004.
8. NO MORE THAN 25% OF TOTAL BIRTHS FOR 2004-2005.
B. THE STANDARDS SHALL REFLECT THE POLICY SET FORTH IN PART A OF TITLE
IV OF THE SOCIAL SECURITY ACT, AS AMENDED BY SECTION 103
C. THE DIRECTOR OF THE DEPARTMENT OF HEALTH SERVICES SHALL SUBMIT
THESE STANDARDS AND PROCEDURES TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES ON OR BEFORE SEPTEMBER 30, 1997.
Sec. 38. Section 46-201, Arizona Revised Statutes, is amended to read:
A. Application for any form of assistance or service under this title
shall be made to a department
B. The department
Sec. 39. Section 46-203, Arizona Revised Statutes, is amended to read:
A. When the department
B. The state department and the officers and authorized
representatives thereof may conduct examinations, subpoena witnesses and
require attendance of witnesses and production of books, records and papers,
and shall pay witnesses the same fees and mileage paid witnesses in civil
actions.
C. Officers and employees who are thereunto authorized by the state
department may administer oaths and affirmations.
D. By written request signed by one of its officers, the state
department may require any executive officer of a financial institution to
furnish to an authorized employee or officer of the department information
on current account balances of those persons named in the request as
applicants for or recipients of any assistance or service under this title.
The method of providing the information and the time frame for reporting this
information shall be determined by agreement between the institution and the
department.
E. By written request signed by one of its officers, the state
department may require any executive officer of a financial institution to
furnish to an authorized employee or officer of the department information
on account balances of those persons named in the request as recipients of
any assistance or service under this title for specified periods of time
during the previous five years. The method of providing the information,
time frame for reporting the information and amount of compensation for the
information service shall be determined by agreement between the institution
and the department.
F. No financial institution shall be liable in any civil action for
providing such information unless the information provided is false and the
financial institution providing the false information does so knowingly and
with malice.
Sec. 40. Section 46-204, Arizona Revised Statutes, is amended to read:
A. Upon completion of an investigation the local office of the
department
B. The applicant shall be notified of the decision in writing. The
assistance shall be paid at least once monthly to applicant. When an
application is rejected wholly or in part, or when modification of assistance
is made, written notice shall be given to the applicant. Such notice shall
inform the applicant or recipient of the right to a hearing on the rejection
or modification.
C. When assistance is granted, the state department
D. When funds have been expended on rehabilitating a recipient, the
department may accept reimbursement after the recipient has completed
training or education and secured a job.
Sec. 41. Section 46-206, Arizona Revised Statutes, is amended to read:
A. When an assistance award is made, the certification to the
department of administration provided for by section 46-204 shall, until
modified, suspended or discontinued by order of the state department, or
until the death of recipient, be the authority to the department of
administration to draw a warrant
B.
C. The state department may make any payment of assistance as a vendor
payment regardless of the particular program. The purposes for such payment
shall ordinarily be to expedite giving of assistance or to assure that the
assistance is meeting basic maintenance needs.
Sec. 42. Section 46-207, Arizona Revised Statutes, is amended to read:
A. In no event shall assistance paid any recipient under this title
be an amount
B. If the total
C. In determining the amount of assistance which a recipient or
applicant may receive under this title, the department shall include all
income and resources from every source of the person claiming such aid,
except that which is required to be disregarded
D. For assistance granted pursuant to section 46-292, the department
shall include a shelter cost factor. For purposes of determining assistance
payments with this shelter cost factor, the department shall reduce the
federal poverty level used in its calculation of payments by thirty-seven per cent if the person is not paying, or is not obligated to pay, shelter costs
on his place of residence.
Sec. 43. Section 46-207.01, Arizona Revised Statutes, is amended to
read:
Sec. 44. Section 46-209, Arizona Revised Statutes, is amended to read:
A. Any recipient of assistance granted under this title, except
B. A recipient of any assistance granted under this title, except
Sec. 45. Section 46-211, Arizona Revised Statutes, is amended to read:
A. All assistance or service grants made under this title shall be
reconsidered by the state department
B. All decisions made under the provisions of this section shall be
subject to review and the granting of an opportunity for a fair hearing by
the state department as provided by law.
Sec. 46. Section 46-213, Arizona Revised Statutes, is amended to read:
A. If at any time while receiving assistance the recipient of such
assistance knowingly acquires any property or receives any increase in income
or property, or both, in excess of income or property declared at the time
of determination or redetermination of eligibility, or if there is any other
change in circumstances affecting the recipient's eligibility, the recipient
shall within the number of days specified by rules of the department notify
the department
B. If a recipient is overpaid for whatever reason,
C. Each warrant issued as an assistance payment shall contain a
statement on the reverse side of the warrant relating to the recipient's
eligibility. The wording of this statement shall be determined by the
department.
Sec. 47. Section 46-217, Arizona Revised Statutes, is amended to read:
A. The department shall establish a finger imaging program.
B. Every adult applicant, adult recipient or eligible minor parent of
general assistance,
C. Finger
D. The department shall adopt rules:
1. Setting forth the finger imaging requirements and any exceptions
to these requirements for physical or other impairment.
2. For administratively appealing multiple enrollment determinations.
E. An applicant
F. If an adult applicant, adult recipient or eligible minor parent of
G. If an adult applicant, adult recipient or eligible minor parent of
H. The director of the department of economic security shall report
to the chairperson of the senate appropriations committee and the chairperson
of the house of representatives appropriations committee on February 15, 1997, and each year thereafter as to the actual and projected savings from
reduced caseloads in the
Sec. 48. Title 46, chapter 2, Arizona Revised Statutes, is amended by
adding article 2.1, to read:
1. "AGENT" MEANS A COMMUNITY BASED ORGANIZATION THAT IS CONTRACTED BY
THE DEPARTMENT TO TAKE APPLICATIONS, DETERMINE ELIGIBILITY AND PROVIDE
SHORT-TERM SERVICES TO LOW INCOME PERSONS THROUGH THE USE OF FEDERAL AND
STATE MONIES.
2. "APPLICANT" MEANS A PERSON WHO IS APPLYING FOR SHORT-TERM CRISIS
SERVICES.
3. "EMERGENCY SHELTER" MEANS TEMPORARY SHELTER IN A HOTEL, MOTEL OR
LICENSED HOMELESS SHELTER FACILITY.
4. "FEDERAL POVERTY GUIDELINE" MEANS THE POVERTY GUIDELINES THAT ARE
ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT
TO SECTION 673(2) OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981 AND THAT
ARE REPORTED ANNUALLY IN THE FEDERAL REGISTER.
5. "HOMELESS" MEANS THE PARTICIPANT HAS NO PERMANENT PLACE OF
RESIDENCE WHERE A LEASE OR MORTGAGE AGREEMENT BETWEEN THE PARTICIPANT AND THE
OWNER EXISTS.
6. "SHORT TERM CRISIS" MEANS AN UNPLANNED INCIDENT THAT CAUSES THE
LOSS OF MONIES AND THAT MAKES THE APPLICANT UNABLE TO MEET THE APPLICANT'S
FINANCIAL OBLIGATIONS.
1. EMERGENCY SHELTER TO ELIGIBLE PERSONS.
2. RENT OR MORTGAGE ASSISTANCE TO PREVENT HOMELESSNESS.
3. UTILITY ASSISTANCE FOR ELIGIBLE PERSONS WITH A CURRENT OR
ANTICIPATED INTERRUPTION OF HEATING OR COOLING SERVICES, OR BOTH, IF THE
PERSON'S HEALTH AND SAFETY WILL BE PUT IN DANGER.
4. UTILITY REPAIR AND REPLACEMENT.
5. SPECIAL NEEDS AS DETERMINED BY THE DEPARTMENT TO SECURE OR MAINTAIN
EMPLOYMENT.
1. THE APPLICANT IS A RESIDENT OF THIS STATE AT THE TIME OF
APPLICATION.
2. THE APPLICANT IS EXPERIENCING A SHORT-TERM CRISIS THAT WILL CAUSE
HOMELESSNESS OR THE INTERRUPTION OF HEATING OR COOLING AT THE APPLICANT'S
RESIDENCE.
3. THE TOTAL GROSS COUNTABLE INCOME OF THE APPLICANT'S HOUSEHOLD DOES
NOT EXCEED:
(
(
1. HAS REFUSED EMPLOYMENT OR TRAINING FOR EMPLOYMENT IN THE THIRTY
DAYS BEFORE THE APPLICATION.
2. IS CURRENTLY BEING SANCTIONED BY THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
3. IS RECEIVING SERVICES FROM THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES DIVERSION PROGRAM.
1. EMERGENCY SHELTERS.
2. SUBSIDIZE DELINQUENT RENT OR MORTGAGE PAYMENTS.
B. THE DEPARTMENT OR ITS AGENT SHALL PROVIDE SHORT-TERM CRISIS
SERVICES TO ALLEVIATE THE LOSS OF HEATING AND COOLING THROUGH PAYMENTS TO:
1. UTILITY COMPANIES FOR UTILITY BILL ASSISTANCE.
2. LOCAL VENDORS FOR THE REPAIR AND REPLACEMENT OF UTILITIES AND
APPLIANCES.
C. THE DEPARTMENT OR ITS AGENT SHALL ADMINISTER SHORT-TERM CRISIS
SERVICES BY PROVIDING VOUCHERS TO VENDORS ON BEHALF OF A PERSON.
Sec. 49. Title 46, chapter 2, Arizona Revised Statutes, is amended by
adding article 2.2, to read:
Sec. 50.
The article heading of title 46, chapter 2, article 5, Arizona Revised Statutes, is changed from "
Sec. 51. Section 46-291, Arizona Revised Statutes, is amended to read:
A.
B. The department shall give prompt notice to appropriate law
enforcement officials of the furnishing of aid to a dependent child.
Sec. 52. Section 46-292, Arizona Revised Statutes, as amended by Laws
1996, chapter 193, section 1, is amended to read:
A.
1. Who has established residence in Arizona at the time of application
and is either
(a) A citizen by birth or naturalization
(b)
(c)
(d)
(i)
(ii)
2. Whose parent or parents or person or persons acting in the parents'
place, if employable, shall not refuse to accept available employment and if
any employable child in the family does not refuse to accept available
employment. The determination of employability and the conditions under
which employment shall be required shall be determined by the state
department, except that claimed unemployability because of physical or mental
incapacity shall be determined by the state department in accordance with the
provisions of this title.
3. Whose parent or parents or other relatives who are applying for or
receiving assistance on behalf of the child have not, within one year prior
to application, or while a recipient, transferred or assigned real or
personal property with the intent to evade federal or state eligibility
requirements. Transfer of property with retention of a life estate for the
purpose of qualifying for assistance is prohibited. Where fair consideration
for the property was received, no inquiry into motive is necessary. A person
found ineligible under this section shall be ineligible for such time as the
state department determines.
1. Providing information
3. SUBMITTING AND HAVING THE CHILD SUBMIT TO GENETIC TESTING.
4. SIGNING AUTHORIZATIONS FOR THIRD PARTIES TO RELEASE INFORMATION
CONCERNING THE APPLICANT OR THE CHILD, OR BOTH.
5. IN CASES IN WHICH PARENTAGE HAS NOT BEEN ESTABLISHED, PROVIDING A
SWORN STATEMENT ALLEGING PATERNITY AND SETTING FORTH FACTS ESTABLISHING A
REASONABLE POSSIBILITY OF THE REQUISITE SEXUAL CONTACT BETWEEN THE PARTIES.
6. SUPPLYING ADDITIONAL INFORMATION AS THE DEPARTMENT MAY REQUIRE.
D. THE DEPARTMENT SHALL SANCTION A RECIPIENT WHO FAILS, WITHOUT GOOD
CAUSE AS PRESCRIBED IN SUBSECTION E OF THIS SECTION, TO COOPERATE WITH CHILD
SUPPORT ENFORCEMENT EFFORTS ACCORDING TO THE SANCTION PROVISIONS OF SECTION
46-300.
E. ONE OR MORE OF THE FOLLOWING CIRCUMSTANCES CONSTITUTE GOOD CAUSE
FOR FAILURE TO COOPERATE WITH CHILD SUPPORT ENFORCEMENT EFFORTS:
1. COOPERATION MAY RESULT IN PHYSICAL HARM TO THE PARENT, CHILD FOR
WHOM SUPPORT IS SOUGHT OR CARETAKER RELATIVE WITH WHOM THE CHILD IS LIVING.
2. LEGAL PROCEEDINGS FOR ADOPTION OF THE CHILD FOR WHOM SUPPORT IS
SOUGHT ARE PENDING BEFORE A COURT.
3. THE PARTICIPANT HAS BEEN WORKING, FOR LESS THAN NINETY DAYS, WITH
A PUBLIC OR LICENSED PRIVATE SOCIAL AGENCY ON THE ISSUE OF WHETHER TO ALLOW
THE CHILD FOR WHOM SUPPORT IS SOUGHT TO BE ADOPTED.
4. THE CHILD FOR WHOM SUPPORT IS SOUGHT WAS CONCEIVED AS A RESULT OF
SEXUAL ASSAULT PURSUANT TO SECTION 13-1406 OR INCEST.
F. A PERSON CLAIMING GOOD CAUSE HAS TWENTY DAYS FROM THE DATE THE GOOD
CAUSE CLAIM IS PROVIDED TO THE AGENCY TO SUPPLY EVIDENCE SUPPORTING THE
CLAIM. WHEN DETERMINING WHETHER THE PARENT OR RELATIVE IS COOPERATING WITH
THE AGENCY AS PROVIDED IN SUBSECTION C OF THIS SECTION, THE AGENCY SHALL
REQUIRE:
1. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION E, PARAGRAPH 1 OF THIS
SECTION IS CLAIMED, LAW ENFORCEMENT RECORDS THAT INDICATE THAT THE ALLEGED
FATHER OR OBLIGOR MIGHT INFLICT PHYSICAL HARM ON THE PARENT, CHILD OR
CARETAKER RELATIVE.
2. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION E, PARAGRAPH 2 OF THIS
SECTION IS CLAIMED, COURT DOCUMENTS THAT INDICATE THAT LEGAL PROCEEDINGS FOR
ADOPTION ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION.
3. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION E, PARAGRAPH 3 OF THIS
SECTION IS CLAIMED, RECORDS FROM A PUBLIC OR LICENSED PRIVATE SOCIAL
SERVICES AGENCY SHOWING THAT PLACING THE CHILD FOR ADOPTION FOR WHOM SUPPORT
IS SOUGHT IS UNDER CONSIDERATION.
4. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION E, PARAGRAPH 4 OF THIS
SECTION IS CLAIMED, LAW ENFORCEMENT RECORDS INDICATING THAT THE CHILD WAS
CONCEIVED AS A RESULT OF SEXUAL ASSAULT PURSUANT TO SECTION 13-1406 OR
INCEST.
1. The period in which the parent or other relative is receiving
assistance benefits.
2. The temporary period in which the parent or other relative is
ineligible pursuant to a penalty imposed by the department for failure to
comply with benefit eligibility requirements, after which the parent or other
relative is eligible for a continuation of benefits.
3. Any period after
1. The department shall allow an increase in
2. For those parents or other relatives who are currently
3. The department shall allow an increase in
1. For persons who are receiving
2. For persons who begin receiving
1. To implement this section including rules to define the
investigatory steps which must be taken to confirm that an act of sexual
assault or incest led to the birth of a dependent child or children.
2. That require the department to inform both verbally and in writing
the parents and other relatives who are receiving assistance under this
article of the specific family planning services that are available to them
while they are enrolled as eligible persons in the Arizona health care cost
containment system.
P. ANY PARENT OR OTHER RELATIVE WHO APPLIES FOR OR RECEIVES CASH
ASSISTANCE UNDER THIS ARTICLE ON BEHALF OF A DEPENDENT CHILD WHO IS BETWEEN
SIX AND SIXTEEN YEARS OF AGE SHALL ENSURE THAT THE CHILD IS ENROLLED IN AND
ATTENDING SCHOOL. AN INITIAL APPLICANT IS INELIGIBLE FOR BENEFITS UNTIL THE
APPLICANT'S DEPENDENT CHILDREN ARE VERIFIED TO BE ENROLLED IN AND ATTENDING
AN EDUCATIONAL PROGRAM. THE DEPARTMENT OF EDUCATION SHALL ASSIST THE
DEPARTMENT OF ECONOMIC SECURITY IN OBTAINING VERIFICATION OF SCHOOL
ENROLLMENT AND ATTENDANCE. THE DEPARTMENT SHALL SANCTION A RECIPIENT WHO
FAILS TO ENSURE SCHOOL ENROLLMENT AND ATTENDANCE ACCORDING TO THE PROVISIONS
OF SECTION 46-300.
Q. ANY PARENT OR OTHER RELATIVE WHO APPLIES FOR OR RECEIVES CASH
ASSISTANCE UNDER THIS SECTION ON BEHALF OF A DEPENDENT CHILD SHALL ENSURE
THAT THE CHILD IS IMMUNIZED IN ACCORDANCE WITH THE SCHEDULE OF IMMUNIZATIONS
PROMULGATED PURSUANT TO SECTION 35-672. THE DEPARTMENT SHALL SANCTION A
RECIPIENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 46-300, WHO FAILS TO
OBTAIN THE REQUIRED IMMUNIZATIONS FOR A DEPENDENT CHILD UNLESS THE RECIPIENT
SUBMITS TO THE DEPARTMENT THE DOCUMENTATION DESCRIBED IN SECTION 15-873.
Sec. 53. Section 46-294, Arizona Revised Statutes, is amended to read:
A. Any person who is eighteen years of age or older in an assistance
unit becomes ineligible for inclusion in the calculation of the cash
assistance grant after the person has received cash assistance awarded under
this article for twenty-four months during any consecutive sixty month time
period except:
1. A disabled or incapacitated adult.
2. A full-time caretaker of a disabled dependent person.
3. A recipient who is sixty-two years of age or older.
4. A participant in any department administered demonstration project
that subsidizes the wages of project participants by using monies from the
B. The twenty-four month and sixty month limits do not begin until a
person has reached eighteen years of age.
C. The director may grant two four-month extensions of the twenty-four
month time limit to allow a person to complete a full-time academic,
vocational, job training or work study program that the department determines
is related to enabling the person to become self-sufficient. To qualify for
an extension, the person shall:
1. Have begun the program before losing eligibility for inclusion in
the cash assistance grant.
2. Demonstrate successful progress toward completion of the program.
D. The director shall adopt rules that provide for the granting of
extensions of the twenty-four month time limit if a recipient applies for an
extension and demonstrates that the recipient is unable to earn income equal
to the amount of the benefit that the recipient became ineligible to receive.
The application of the time limit to an adult recipient is presumed to be
fair and equitable. The recipient has the burden of proving that the
application of the time limit is unfair or inequitable because the recipient
has made a good faith effort, without success, to earn from legal employment
opportunities an amount equal to or greater than the amount of the
1. The recipient cannot demonstrate a good faith effort to seek
employment.
2. The recipient refuses, without good cause, to accept a bona fide
offer of legal employment, including part-time traditional or nontraditional
employment that would provide earnings equal to or greater than the portion
of the benefit for which the recipient is no longer eligible or for which the
recipient would no longer be eligible if an extension had not been granted
pursuant to this subsection.
3. The recipient cannot demonstrate or refuses to produce the good
cause reason or reasons for not accepting an offer of legal employment that
the department is aware has been made, including part-time traditional or
nontraditional employment that would provide earnings equal to or greater
than the portion of the benefit for which the recipient is no longer eligible
or for which the recipient would no longer be eligible if an extension had
not been granted pursuant to this subsection.
4. The recipient cannot demonstrate or refuses to produce the good
cause reason or reasons for voluntarily quitting a job held during the
current sixty month period as described in subsection E.
5. The recipient has been discharged for reasons of misconduct from
a job held during the current sixty month period as described in
subsection E.
6. The recipient cannot demonstrate or refuses to produce the good
cause reason or reasons for voluntarily acting to reduce employment earnings
from a job held during the current sixty month period as described in
subsection E.
7. The recipient cannot demonstrate that the recipient has cooperated
with the department during the extension application process.
E. The department shall calculate the sixty month time period in the
following manner:
1. For persons who are receiving
2. For persons who begin receiving benefits after
F. The department shall calculate the twenty-four month benefit
limitation in the following manner:
1. For persons who are receiving assistance benefits
2. For persons who begin receiving benefits after
G. The department shall continue to perform cash assistance
eligibility determinations for persons who have reached their twenty-four
month maximum. Persons who have reached the maximum but are otherwise
eligible for cash assistance under this article continue to be eligible to
receive:
1. Job
2. Covered medical services that are provided pursuant to title 36,
chapter 29.
3. Any other services that are directly linked to eligibility for the
H. The department shall make any necessary program amendments or
request any necessary federal waivers to allow assistance units who
experience a reduction in their total assistance grant due to the provisions
of this section to earn income equal to the amount that they became
ineligible to receive pursuant to subsection A
I. Nothing in this section shall be construed to alter the method used
by the department to determine eligibility for transitional benefits provided
pursuant to the family support act of 1988 (P.L. 100-485) or provided
pursuant to any demonstration project that the department or any other state
agency administers under a federal waiver.
Sec. 54. Section 46-296, Arizona Revised Statutes, is amended to read:
A. Except as provided in subsection B, an assistance unit headed by
an unmarried person under eighteen years of age is not eligible for
assistance benefits.
B. Subsection A does not apply to unwed minor parents in any of the
following situations:
1. The applicant has no living or locatable parent, other legally
responsible adult relative or legal guardian.
2. The applicant is a legally emancipated person. For purposes of
this paragraph, "emancipated person" means a person who, under the laws of
this state, is neither under a legal duty of service to a parent or parents,
other adult relative or legal guardian nor entitled to the support of a
parent or parents, other adult relative or legal guardian. The department
shall adopt rules prescribing relatives who can be considered as an "other
adult relative".
3. On submission of an applicant's statement of abuse or neglect, the
department determines that there is sufficient evidence that the health or
safety of the applicant or the applicant's dependent child or children would
be jeopardized if the applicant or dependent child or children resided with
the applicant's parent, other legally responsible adult relative or legal
guardian.
4. The unwed minor parent and his child or children reside with the
minor's parent or parents, other adult relative or legal guardian who either
has eligible children or is determined needy by the department. The
department shall use the following guidelines when determining eligibility
pursuant to this paragraph:
(a) In the case of the minor's parent or parents, other adult relative
or legal guardian with eligible children, the department shall combine all eligible children in one assistance unit and grant. The minor parent's
parent or parents, other adult relative or legal guardian shall be the
applicant and payee for the assistance grant.
(b) For purposes of determining whether the minor's parent or parents,
other adult relative or legal guardian is needy, the department, by rule,
shall adopt a screening tool with income criteria not exceeding those used
to determine eligibility for assistance benefits. If the department
determines the household to be needy, the unwed minor parent shall be
considered an eligible applicant for assistance benefits.
C. Nothing in this section shall be construed to prevent an otherwise
eligible person who is not eligible for cash assistance benefits pursuant to
subsection A from being eligible to receive covered medical services under
title 36, chapter 29 or any other services that are directly linked to
eligibility for the
D. Any attempt by a minor applicant for assistance benefits to
knowingly misrepresent information in a manner that is designed to subvert
the requirements of subsection B constitutes fraud, and the department shall
report the person to the appropriate authorities. The department also shall
report to the appropriate authorities any evidence of abuse or neglect the
department obtains while making a finding pursuant to subsection B, paragraph
3 regarding the health or safety of an unwed minor parent or the unwed minor
parent's dependent child or children.
E. In implementing any provision under this title regarding limiting
benefits for additional children, the department, only for the purposes of
attempting to assign a birth to a specific assistance unit, shall consider
as separate assistance units the combined household referenced in subsection
B, paragraph 4.
Sec. 55. Section 46-297, Arizona Revised Statutes, is amended to read:
A. The director of the department of economic security shall submit
a monthly report to the president of the senate and the speaker of the house
of representatives regarding any extension of cash assistance granted to an
adult pursuant to section 46-294, subsection C or D. The report shall
include the number of extension applications and the number of applications
approved and disapproved, categorized by the reason for approval or
disapproval.
B. If the total number of approved extension applications in effect
at any time exceeds one per cent of the total adult
1. An analysis of the issues involved in the department's decisions
for approval.
2. Recommendations for steps that could be taken to address those
issues.
Sec. 56. Section 46-298, Arizona Revised Statutes, is amended to read:
A. At the time an applicant's employability is assessed during the
initial application for assistance, the department shall determine whether
the applicant should be offered services under the diversion option. The
assessment shall consider the following:
1. The applicant's employment history.
2. The likelihood of the applicant obtaining immediate, full-time
employment given the applicant's education, training and work experience.
3. The applicant's need for cash assistance.
B. If the department finds that the applicant is eligible for the
diversion option, it shall explain the benefits and requirements to the
applicant, including the amount of the cash assistance payment determined
appropriate by the department. In determining the amount of the cash
assistance, the department shall consider housing expenses, automobile
expenses, repair or replacement of major household appliances, improvements
to restore real property to a habitable condition and work related expenses.
C. If the department and the applicant agree to select the diversion
option as the appropriate means to self-sufficiency, the department shall
issue benefits, if
D. The department shall provide a dollar amount of cash assistance of
not more than three times the monthly amount of cash assistance for which the
applicant qualifies.
E. The applicant must sign an agreement that lists the requirements
and conditions of the diversion option.
1. The number of applicants offered services under the diversion
option.
2. The number of applicants who reapply for long-term cash assistance
after initially participating in the diversion program.
Sec. 57. Title 46, chapter 2, article 5, Arizona Revised Statutes, is
amended by adding sections 46-299, 46-300 and 46-300.01, to read:
1. A PARENT IN A SINGLE PARENT FAMILY OR A NONPARENT RELATIVE
PERSONALLY CARING FOR A CHILD WHO IS UNDER THE AGE OF TWELVE MONTHS FOR A
PERIOD OF NOT MORE THAN TWELVE MONTHS IN THE RECIPIENT'S LIFETIME. THIS
DEFERRAL DOES NOT APPLY TO TEENAGED CUSTODIAL PARENTS WHO DO NOT HAVE A HIGH
SCHOOL DIPLOMA OR ITS EQUIVALENT.
2. AN UNMARRIED CUSTODIAL PARENT WHO IS UNDER EIGHTEEN YEARS OF AGE
AND WHO IS PERSONALLY CARING FOR A CHILD WHO IS UNDER THE AGE OF TWELVE
WEEKS.
3. A DISABLED INDIVIDUAL WHO HAS PROVIDED VERIFICATION OF A CONDITION
THAT MEETS DISABILITY OR TEMPORARY DISABILITY CRITERIA ESTABLISHED BY THE
DEPARTMENT.
4. AN INDIVIDUAL WHO PROVIDES VERIFICATION ACCEPTABLE TO THE
DEPARTMENT THAT THE INDIVIDUAL IS PERSONALLY CARING FOR THE INDIVIDUAL'S
DEPENDENT WHO IS DISABLED AND UNABLE TO CARE FOR HIMSELF.
5. VICTIMS OF DOMESTIC VIOLENCE WHOSE PARTICIPATION IN WORK ACTIVITIES
CAUSES AN IMMEDIATE THREAT TO THEIR OWN SAFETY OR THE SAFETY OF THEIR
CHILDREN.
6. DEPENDENT CHILDREN AS DEFINED IN THIS ARTICLE.
B. TEENAGED HEADS OF HOUSEHOLD WHO ARE UNDER TWENTY YEARS OF AGE AND
WHO HAVE NOT ATTAINED THEIR HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT ARE
REQUIRED TO EITHER:
1. MAINTAIN SATISFACTORY ATTENDANCE AT A SECONDARY SCHOOL OR THE
EQUIVALENT.
2. SATISFACTORILY PARTICIPATE IN EDUCATION DIRECTLY RELATED TO
EMPLOYMENT AT THE LEVEL OF PARTICIPATION ESTABLISHED BY THE DEPARTMENT.
C. THE DEPARTMENT MAY ESTABLISH THE MINIMUM WORK PARTICIPATION LEVEL
REQUIRED TO MEET THE WORK REQUIREMENTS ESTABLISHED IN PUBLIC LAW 104-193,
SECTION 407 (1996).
D. ALL CASH ASSISTANCE RECIPIENTS, EXCLUDING DEPENDENT CHILDREN, SHALL
COMPLETE A PERSONAL RESPONSIBILITY DECLARATION.
E. ALL CASH ASSISTANCE RECIPIENTS, EXCLUDING DEPENDENT CHILDREN
COMPLYING WITH COMPULSORY SCHOOL REQUIREMENTS AS PRESCRIBED IN SECTION
15-803, SHALL ALSO PARTICIPATE IN THE DEVELOPMENT OF AN EMPLOYMENT PLAN AND
SHALL RECEIVE SERVICES IN SUPPORT OF AND AS SPECIFIED IN THAT PLAN.
F. PARTICIPANTS WHO FAIL OR REFUSE TO ENGAGE IN WORK ACTIVITIES AS
REQUIRED BY THE DEPARTMENT ARE SUBJECT TO THE PROGRESSIVE SANCTIONS
PRESCRIBED IN SECTION 46-300.
G. THE DEPARTMENT SHALL ADOPT RULES THAT ESTABLISH GOOD CAUSE REASONS
THAT EXCUSE THE PARTICIPANT FROM ENGAGING IN WORK ACTIVITIES.
H. THE DEPARTMENT MAY OPERATE ON A STATEWIDE BASIS A WAGE SUBSIDY
PROGRAM. EMPLOYERS MAY HIRE RECIPIENTS OF CASH ASSISTANCE AND FOOD STAMPS
FOR SUBSIDIZED JOB SLOTS THAT ARE FULL TIME AND THAT OFFER A REASONABLE
POSSIBILITY OF UNSUBSIDIZED EMPLOYMENT AFTER THE SUBSIDY PERIOD. THIS
PROGRAM SHALL PROVIDE THAT:
1. EMPLOYERS WHO OPERATE AN APPROVED WAGE SUBSIDY PROGRAM SHALL
RECEIVE A SUBSIDY FOR UP TO SIX MONTHS. THE DEPARTMENT MAY GRANT AN
EXTENSION OF THREE MONTHS TO EMPLOYERS OPERATING IN AREAS IDENTIFIED AS
HAVING A HIGHER UNEMPLOYMENT RATE THAN THE STATE AVERAGE, AS DEFINED BY THE
DEPARTMENT, IF THE EXTENSION INCREASES THE LIKELIHOOD OF ONGOING UNSUBSIDIZED
EMPLOYMENT FOR THE SUBSIDIZED EMPLOYEE.
2. THE DEPARTMENT SHALL ENSURE THAT SUBSIDIZED JOBS MADE AVAILABLE TO
SUBSIDIZED EMPLOYEES:
(a)
(b)
(c)
(
(a)
(b)
(c)
(d)
(e)
4. ELIGIBLE SUBSIDIZED EMPLOYEES ARE THOSE WHO:
(a)
(b)
(c)
5. THE DEPARTMENT SHALL:
(a)
(b)
(c)
(d)
(i)
(ii)
J. FOR PURPOSES OF THIS SECTION, "SUBSIDIZED EMPLOYEE" MEANS AN
INDIVIDUAL ENGAGED IN THIS SUBSIDIZED EMPLOYMENT ACTIVITY.
1. THE CHILD SUPPORT ENFORCEMENT EFFORTS REQUIRED BY SECTION 46-292,
SUBSECTION C UNLESS GOOD CAUSE IS ESTABLISHED AS PROVIDED IN SECTION 46-292,
SUBSECTIONS E AND F.
2. THE WORK ACTIVITIES REQUIREMENTS DESCRIBED IN SECTION 46-299,
UNLESS GOOD CAUSE IS ESTABLISHED AS PROVIDED IN SECTION 46-299, SUBSECTION
G AND DEPARTMENT RULES.
3. THE SCHOOL ENROLLMENT AND ATTENDANCE PROVISIONS OF SECTION 46-292,
SUBSECTION P.
4. THE IMMUNIZATION REQUIREMENTS OF SECTION 46-292, SUBSECTION Q.
B. NONCOMPLIANCE WITH ONE OR MORE OF THE REQUIREMENTS LISTED IN
SUBSECTION A OF THIS SECTION DURING ANY PORTION OF ANY CALENDAR MONTH IS
DEEMED TO BE A MONTH OF NONCOMPLIANCE AND SHALL RESULT IN THE SANCTIONS
PRESCRIBED IN SUBSECTION C OF THIS SECTION. THE DEPARTMENT SHALL IMPOSE
THESE SANCTIONS EVEN IF THE MONTHS OF NONCOMPLIANCE ARE NOT CONSECUTIVE.
C. THE DEPARTMENT SHALL IMPOSE THE FOLLOWING SANCTIONS:
1. FOR THE FIRST MONTH OF NONCOMPLIANCE, THE DEPARTMENT SHALL REDUCE
THE HOUSEHOLD'S CASH ASSISTANCE GRANT BY TWENTY-FIVE PER CENT.
2. FOR A SECOND MONTH OF NONCOMPLIANCE, THE DEPARTMENT SHALL REDUCE
THE HOUSEHOLD'S CASH ASSISTANCE GRANT BY FIFTY PER CENT.
3. FOR A THIRD MONTH OF NONCOMPLIANCE AND ANY MONTH OF NONCOMPLIANCE
THEREAFTER, THE DEPARTMENT SHALL TERMINATE THE HOUSEHOLD'S CASH ASSISTANCE
GRANT FOR AT LEAST ONE MONTH OR UNTIL THE HOUSEHOLD COMPLIES.
B. PROVIDERS ELIGIBLE TO COMPETE FOR THE JOBS PROGRAM CASE MANAGEMENT
AND EMPLOYMENT SERVICE CONTRACTS INCLUDE PRIVATE, FOR PROFIT BUSINESSES,
NONPROFIT COMMUNITY ORGANIZATIONS, COMMUNITY COLLEGE DISTRICTS AND LOCAL AND
TRIBAL GOVERNMENT ENTITIES.
C. THE JOBS PROGRAM CASE MANAGEMENT AND EMPLOYMENT SERVICES CONTRACTS
SHALL BE WRITTEN FOR AREAS OF THIS STATE IN WHICH QUALIFIED PROVIDERS ARE
AVAILABLE, EXCLUDING AREAS THAT ARE SPECIFIED AS PILOT PRIVATIZATION SITES.
IN ESTABLISHING CONTRACTS FOR THESE SERVICES, THE DEPARTMENT MAY ADOPT A
SERVICE MODEL FOR A PARTICULAR COUNTY OR REGION OF THIS STATE THAT USES
EITHER A SINGLE PROVIDER OR MULTIPLE PROVIDERS.
D. THE DEPARTMENT SHALL:
1. MAKE A DETERMINATION WHETHER QUALIFIED PROVIDERS ARE AVAILABLE
BASED ON RESPONSE TO REQUESTS FOR PROPOSALS THE DEPARTMENT ISSUES.
2. ESTABLISH THE PROVISIONS OF THE JOBS PROGRAM CASE MANAGEMENT AND
EMPLOYMENT SERVICES CONTRACTS.
3. TAKE IMMEDIATE ACTION, IN THE EVENT OF A PROVIDER FAILURE, TO
DIRECTLY ADMINISTER SERVICES UNTIL AN ALTERNATIVE PROVIDER CAN BE SECURED.
4. CONTINUE TO PROVIDE CASE MANAGEMENT AND EMPLOYMENT SERVICES WHEN
NO QUALIFIED PROVIDERS HAVE SUBMITTED PROPOSALS TO PROVIDE THESE SERVICES.
5. HOLD ALL CONTRACTED PROVIDERS OF CASE MANAGEMENT AND EMPLOYMENT
SERVICES ACCOUNTABLE TO SPECIFIED PERFORMANCE MEASURES AND RESULTS WITH
PAYMENT FOR SERVICES BASED ON PERFORMANCE.
E. FOR PURPOSES OF THIS SECTION:
1. "CASE MANAGEMENT SERVICES" INCLUDES:
(a)
(b)
(c)
2. "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC SECURITY.
3. "EMPLOYMENT SERVICES" INCLUDES:
(a)
(b)
(c)
(d)
4. "JOBS PROGRAM" MEANS THE PROGRAM ADMINISTERED BY THE DEPARTMENT OF
ECONOMIC SECURITY TO IMPLEMENT THE PROVISIONS OF SECTION 46-299.
Sec. 58. Title 46, chapter 2, Arizona Revised Statutes, is amended by
adding article 9, to read:
1. "AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE DEPARTMENT TO
OPERATE THE ARIZONA WORKS PROGRAM.
2. "ARIZONA WORKS" MEANS THE PROGRAM TO PROVIDE TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES WITHIN THE GEOGRAPHIC AREAS OF THIS STATE IN WHICH A
PRIVATE VENDOR HAS ENTERED INTO A CONTRACT WITH THE STATE PURSUANT TO THIS
ARTICLE.
3. "ARIZONA WORKS GROUP" MEANS A GROUP CONSISTING OF A PERSON WHO IS
A CUSTODIAL PARENT, ALL DEPENDENT CHILDREN WITH RESPECT TO WHOM THE PERSON
IS A CUSTODIAL PARENT AND ANY SPOUSE OF THE PERSON WHO RESIDES IN THE SAME
HOUSEHOLD AS THE PERSON AND ANY DEPENDENT CHILDREN WITH RESPECT TO WHOM THE
SPOUSE IS A CUSTODIAL PARENT.
4. "CHILD ONLY CASE" MEANS AN ELIGIBLE CHILD WHO IS EITHER:
(a)
(b)
5. "CUSTODIAL PARENT" MEANS, WITH RESPECT TO A DEPENDENT CHILD, A
PARENT WHO RESIDES WITH THAT CHILD AND, IF THERE HAS BEEN A DETERMINATION OF
LEGAL CUSTODY WITH RESPECT TO THE DEPENDENT CHILD, HAS LEGAL CUSTODY OF THE
CHILD.
6. "DEPENDENT CHILD" MEANS A PERSON WHO RESIDES WITH A PARENT AND WHO
IS UNDER EIGHTEEN YEARS OF AGE.
7. "DIVERSION OPTION" MEANS GRANTING AN AMOUNT OF CASH ASSISTANCE TO
CERTAIN APPLICANTS WHO ARE ELIGIBLE FOR ARIZONA WORKS BUT WHO HAVE ONLY
SHORT-TERM CASH ASSISTANCE NEEDS AND FOR WHOM THE DIVERSION OPTION IS THE
MOST APPROPRIATE MEANS TO SELF-SUFFICIENCY.
8. "INDIVIDUAL RESPONSIBILITY PLAN" MEANS AN AGREEMENT BETWEEN THE
AGENCY AND THE PARTICIPANT REGARDING THE PARTICIPANT'S WORK ACTIVITIES AND
SERVICES PROVIDED BY THE AGENCY.
9. "JOB COUNSELOR" MEANS A CASEWORKER WHO IS EMPLOYED BY THE AGENCY
AND WHO PROVIDES FINANCIAL AND EMPLOYMENT COUNSELING SERVICES TO A
PARTICIPANT.
10. "MINIMUM WAGE" MEANS THE FEDERAL MINIMUM HOURLY WAGE UNDER 29
UNITED STATES CODE SECTION 206
11. "TEMPORARY ASSISTANCE FOR NEEDY FAMILIES" MEANS ASSISTANCE GRANTED
UNDER SECTION 403 OF TITLE IV OF THE SOCIAL SECURITY ACT AS IT EXISTS AFTER
AUGUST 21, 1996.
B. THE GOALS OF PRIVATIZING THE ARIZONA WORKS PROGRAM INCLUDE:
1. FOSTERING THE DEVELOPMENT OF RESPONSIBLE AND PRODUCTIVE CITIZENS
THROUGH PROGRAM ADMINISTRATION THAT PROVIDES PARTICIPANTS WITH INCENTIVES TO
ACHIEVE SELF-SUFFICIENCY.
2. MAKING CERTAIN ADMINISTRATIVE PROCESSES MORE EFFICIENT AND
COST-EFFECTIVE.
3. ENCOURAGING INNOVATIVE PARTNERSHIPS WITH ORGANIZATIONS THAT ENHANCE
THE ARIZONA WORKS PROGRAM.
4. PROVIDING AN OPPORTUNITY FOR A SYSTEM THAT IS HEAVILY DEPENDENT ON
HUMAN INTERACTION AND SUBJECTIVE DETERMINATIONS TO OFFER PERFORMANCE
INCENTIVES FOR EMPLOYEES AND THE FLEXIBILITY TO HIRE AND PROMOTE SUCCESSFUL
INDIVIDUALS.
C. THE CONTRACT PROCESS IS EXEMPT FROM TITLE 41, CHAPTER 23, BUT THE
ARIZONA WORKS AGENCY PROCUREMENT BOARD SHALL ADOPT PROCUREMENT POLICIES AND
PROCEDURES THAT ARE SUBSTANTIALLY EQUIVALENT TO THE POLICIES AND PROCEDURES
PRESCRIBED IN TITLE 41, CHAPTER 23. THE ARIZONA WORKS AGENCY PROCUREMENT
BOARD SHALL CONSIDER COST, QUALITY OF SERVICES, IMPLEMENTATION PLANS AND
OTHER EVALUATIVE CRITERIA IN AWARDING THE CONTRACT. THE CONTRACT SHALL
CONTAIN PERFORMANCE BASED INCENTIVES AS WELL AS PENALTIES TO ENCOURAGE
ACHIEVEMENT OF THE FOLLOWING:
1. PLACEMENT OF INDIVIDUALS IN PAID EMPLOYMENT.
2. PLACEMENT OF INDIVIDUALS IN THE HIGHEST, MOST APPROPRIATE
EMPLOYMENT PLACEMENT LEVEL.
3. REDUCTIONS IN THE LENGTH OF STAY ON ASSISTANCE.
4. REDUCTIONS IN THE CASELOAD.
D. THE ARIZONA WORKS AGENCY SHALL:
1. OPERATE THE ARIZONA WORKS PROGRAM AS DIRECTED BY STATUTE, RULE AND
CONTRACT REQUIREMENTS.
2. EMPLOY STAFF TO PERFORM THE FOLLOWING FUNCTIONS:
(a)
(b)
(c)
(d)
3. EMPLOY STAFF, IF NECESSARY, TO MEET THE NEEDS OF PARTICIPANTS WHO
ARE REFUGEES OR WHO HAVE CULTURAL OR LINGUISTIC BARRIERS TO PARTICIPATION IN
THE ARIZONA WORKS PROGRAM.
4. EMPLOY JOB COUNSELORS WHO ARE FAMILIAR WITH A VARIETY OF GOVERNMENT
AND NONGOVERNMENT WELFARE ASSISTANCE PROGRAMS AND WHO SHALL WORK WITH
PARTICIPANTS TO FACILITATE THE PARTICIPANTS' SELF-SUFFICIENCY BY ASSESSING
THEIR FINANCIAL SITUATION AND TO DEVELOP AN INDIVIDUAL RESPONSIBILITY PLAN
WITH THE APPLICANT.
5. EVALUATE A PARTICIPANT'S SKILLS AND EXPERIENCE TO DETERMINE THE
APPROPRIATE LEVEL OF EMPLOYMENT PLACEMENT IF APPLICANTS CHOOSE TO PARTICIPATE
IN ARIZONA WORKS. THE JOB COUNSELOR SHALL EVALUATE THE PARTICIPANT'S
ELIGIBILITY EVERY SIX MONTHS.
6. IDENTIFY AND ENCOURAGE EMPLOYERS TO PROVIDE PERMANENT JOBS FOR
PERSONS ELIGIBLE FOR ARIZONA WORKS.
7. COORDINATE WITH PRIVATE SECTOR AND GOVERNMENT ENTITIES TO ESTABLISH
A DATA BASE OF EMPLOYMENT OPPORTUNITIES FOR ALL PLACEMENT LEVELS IN ARIZONA
WORKS.
8. OFFER AT LEAST A TEN PER CENT SAVINGS IN ADMINISTRATIVE COST.
9. DELIVER A PERFORMANCE BOND AT THE TIME OF EXECUTION OF THE CONTRACT
IN AN AMOUNT TO BE SET BY THE ARIZONA WORKS AGENCY PROCUREMENT BOARD, TO BE
DELIVERED TO THE DEPARTMENT OF ECONOMIC SECURITY.
10. ACCEPT FINANCIAL RESPONSIBILITY FOR ANY PENALTIES OR SANCTIONS
IMPOSED ON THIS STATE BY FEDERAL AGENCIES FOR ANY FUNCTION FOR WHICH THE
CONTRACTOR IS RESPONSIBLE UNDER THE ARIZONA WORKS PROGRAM PURSUANT TO STATUTE
OR CONTRACT REQUIREMENTS.
11. BEGINNING ON THE DATE THE CONTRACT IS ISSUED, PROVIDE BIMONTHLY
PROGRESS REPORTS TO THE JOINT LEGISLATIVE BUDGET COMMITTEE.
E. NOTWITHSTANDING ARTICLE 5 OF THIS CHAPTER, THIS ARTICLE APPLIES TO
THE PROVISION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES WITHIN THE
GEOGRAPHIC AREAS OF THIS STATE IN WHICH A PRIVATE VENDOR HAS ENTERED INTO A
CONTRACT WITH THE STATE, PURSUANT TO THIS SECTION, TO OPERATE THE ARIZONA
WORKS PROGRAM.
F. DEPARTMENT OF ECONOMIC SECURITY EMPLOYEES WHO ARE DISPLACED BY
IMPLEMENTATION OF THE ARIZONA WORKS PROGRAM SHALL RECEIVE PRIORITY
CONSIDERATION FOR EMPLOYMENT BY THE PROGRAM BASED ON PRIOR TRAINING AND
EXPERIENCE.
1. THE DIRECTOR OF THE DEPARTMENT OF ECONOMIC SECURITY.
2. TWO PEOPLE FROM THE PRIVATE SECTOR WHO HAVE PROCUREMENT EXPERIENCE.
3. TWO REPRESENTATIVES OF A MAJOR EMPLOYER IN THIS STATE.
4. TWO REPRESENTATIVES FROM COMMUNITY BASED ORGANIZATIONS.
5. TWO REPRESENTATIVES FROM SMALL BUSINESSES IN THIS STATE.
B. THE BOARD SHALL:
1. SELECT A CHAIRMAN.
2. ESTABLISH A TWO PHASE PILOT PROGRAM THAT DESIGNATES THE DIVISION
OF BENEFITS AND MEDICAL ELIGIBILITY DISTRICT I-E, MARICOPA COUNTY-EAST OF THE
DEPARTMENT OF ECONOMIC SECURITY AS THE PILOT SITE TO BE IMPLEMENTED DURING
THE FIRST YEAR OF THE PILOT PROGRAM. NINE MONTHS AFTER IMPLEMENTATION OF THE
FIRST PILOT SITE, A SECOND PILOT SITE SHALL BE SELECTED BY THE PROCUREMENT
BOARD IN A RURAL DISTRICT. THE DISTRICT I-E PILOT WILL CONTINUE AND THE
PILOT PROGRAM WILL BE IMPLEMENTED IN THE SECOND PILOT SITE TWELVE MONTHS
AFTER IMPLEMENTATION IN THE FIRST PILOT SITE.
3. CONDUCT A BASELINE SURVEY TO DETERMINE ADMINISTRATIVE COSTS IN THE
PILOT AREAS.
4. DRAFT AND AWARD A CONTRACT TO BE SIGNED BY THE VENDOR AND THE
DIRECTOR OF THE DEPARTMENT THAT INCLUDES ALL OF THE REQUIREMENTS NECESSARY
TO IMPLEMENT THE ARIZONA WORKS PROGRAM PURSUANT TO ARTICLE 1 OF THIS CHAPTER
AND THIS ARTICLE AND OTHER REQUIREMENTS OF FEDERAL LAW.
5. ENSURE THAT OUTSIDE VENDORS HAVE ACCESS TO STATE GOVERNMENT DATA
NECESSARY TO RESPOND TO THE REQUEST FOR PROPOSALS. THE BOARD SHALL SERVE AS
THE MEDIATOR IF AN OUTSIDE VENDOR IS UNABLE TO OBTAIN STATE GOVERNMENT DATA.
6. ESTABLISH SPECIFIC COMPLIANCE REQUIREMENTS FOR THE PERFORMANCE BOND
AND THE PENALTIES IMPOSED BY THE STATE FOR NONCOMPLIANCE.
7. REQUIRE OUTSIDE VENDORS TO INCLUDE IN THEIR RESPONSE TO THE REQUEST
FOR PROPOSALS AN IMPLEMENTATION PLAN THAT IDENTIFIES OPERATIONAL TRANSITION
ISSUES AND THE MOST EFFICIENT PLAN TO ADDRESS THEM.
8. ISSUE A REQUEST FOR PROPOSALS BY NOVEMBER 1, 1997 FOR THE ARIZONA
WORKS AGENCY.
9. MONITOR IMPLEMENTATION OF THE ARIZONA WORKS PROGRAM TO DETERMINE
WHETHER THE REQUIREMENTS OF THE PERFORMANCE BOND ARE MET AS WELL AS THE TERMS
OF THE PROCUREMENT CONTRACT.
10. SERVE AS MEDIATOR FOR ANY DISPUTES BETWEEN THE OUTSIDE VENDOR AND
STATE GOVERNMENT AGENCIES DURING THE PILOT PROGRAM.
11. EVALUATE THE PILOT PROGRAM AFTER EIGHTEEN MONTHS TO DETERMINE IF
THE OUTSIDE VENDOR IS MEETING THE PERFORMANCE BOND REQUIREMENTS, THE CONTRACT
REQUIREMENTS, THE GOALS OF THE PROGRAM AND THE EVALUATION CRITERIA IN ORDER
TO MAKE A RECOMMENDATION TO THE JOINT LEGISLATIVE BUDGET COMMITTEE FOR
STATEWIDE EXPANSION.
12. COMPLY WITH THE PROVISIONS OF TITLE 38, CHAPTER 3, ARTICLE 3.1
REGARDING PUBLIC MEETINGS AND ALLOW FOR PUBLIC TESTIMONY AT BOARD MEETINGS.
B. THE JOINT LEGISLATIVE BUDGET COMMITTEE SHALL EVALUATE THE PILOT
PROGRAM WITHIN SIX MONTHS AFTER THE FIRST YEAR OF IMPLEMENTATION OF THE PILOT
PROGRAM IN ORDER TO DETERMINE THE FOLLOWING:
1. IF THE OUTSIDE VENDOR HAS MET THE REQUIREMENTS OF THE CONTRACT.
2. IF THE VENDOR HAS MET THE GOALS OF THE ARIZONA WORKS PROGRAM.
3. IF THE VENDOR HAS MET THE REQUIREMENTS OF THE PERFORMANCE BOND.
4. THE FISCAL IMPACT OF ARIZONA WORKS IMPLEMENTATION.
5. THE IMPACT OF ARIZONA WORKS ON THE FOLLOWING:
(a)
(b)
(c)
(d)
(e)
(f)
C. IF AFTER REVIEWING THIS INFORMATION THE JOINT LEGISLATIVE BUDGET
COMMITTEE DETERMINES THAT THE CONTRACTOR IS MEETING THE CRITERIA OUTLINED IN
SUBSECTION B, IT SHALL MAKE A RECOMMENDATION TO THE LEGISLATURE REGARDING
STATEWIDE EXPANSION OF THE PILOT PROGRAM.
1. HAS THE OUTSIDE VENDOR MET THE REQUIREMENTS OF THE CONTRACT.
2. HAS THE VENDOR MET THE GOALS OF THE ARIZONA WORKS PROGRAM.
3. HAS THE VENDOR MET THE REQUIREMENTS OF THE PERFORMANCE BOND.
4. THE FISCAL IMPACT OF ARIZONA WORKS IMPLEMENTATION.
5. CLIENT SURVEY DATA DESIGNED, ISSUED AND COLLECTED BY THE AUDITOR
GENERAL MEASURING CLIENT SATISFACTION WITH THE PROGRAM.
6. THE IMPACT OF ARIZONA WORKS ON THE PLACEMENT OF RECIPIENTS IN PAID
EMPLOYMENT, CASELOAD REDUCTION, DEVELOPMENT OF COMMUNITY PARTNERSHIPS,
PLACEMENT OF INDIVIDUALS WHO WERE PREVIOUSLY EXEMPT UNDER THE JOB
OPPORTUNITIES AND BASIC SKILLS PROGRAM BEFORE AUGUST, 1996, PLACEMENT OF
INDIVIDUALS WITH HIGHER THAN AVERAGE LENGTHS OF STAY ON THE PROGRAM, AND
COMPLIANCE WITH FEDERAL WORK PARTICIPATION RATES.
7. A COMPARISON OF THE ARIZONA WORKS PROGRAM WITH THE DEPARTMENT OF
ECONOMIC SECURITY EMPOWER REDESIGN PROGRAM WITH REGARD TO THE DATA LISTED IN
SUBSECTION A, PARAGRAPH 6.
B. THE REPORT SHALL BE SUBMITTED TO THE PRESIDENT OF THE SENATE, THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE JOINT LEGISLATIVE BUDGET
COMMITTEE, THE ARIZONA WORKS PROCUREMENT BOARD AND THE GOVERNOR BY JANUARY
1, 2001.
1. THE PERSON IS A CUSTODIAL PARENT.
2. THE PERSON HAS ESTABLISHED RESIDENCE IN THIS STATE AT THE TIME OF
APPLICATION AND IS EITHER:
(
(
(
(
NONCITIZENS WHO ENTER THE UNITED STATES AFTER AUGUST 21, 1996 ARE NOT
ELIGIBLE FOR ASSISTANCE FOR A PERIOD OF FIVE YEARS BEGINNING ON THEIR DATE
OF ENTRY, EXCEPT FOR CUBAN AND HAITIAN ENTRANTS AS DEFINED IN SECTION
501(
3. THE PERSON FULLY COOPERATES IN EFFORTS DIRECTED AT ESTABLISHING PATERNITY OF DEPENDENT CHILDREN INCLUDED IN THE PERSON'S ARIZONA WORKS GROUP AND OBTAINING SUPPORT PAYMENTS OR PROPERTY TO WHICH THAT PERSON AND THE
DEPENDENT CHILD MAY HAVE RIGHTS.
4. THE PERSON COOPERATES IN FURNISHING THE ARIZONA WORKS AGENCY WITH
ANY RELEVANT INFORMATION THAT THE ARIZONA WORKS AGENCY DETERMINES IS
NECESSARY, CONSISTENT WITH THE RULES ESTABLISHED BY THE DEPARTMENT.
B. IN ORDER TO BE ELIGIBLE FOR THE ARIZONA WORKS PROGRAM, A PERSON MUST MEET THE FOLLOWING FINANCIAL ELIGIBILITY REQUIREMENTS:
1. THE PERSON IS A MEMBER OF AN ARIZONA WORKS GROUP WHOSE ASSETS DO
NOT EXCEED TWO THOUSAND DOLLARS IN COMBINED EQUITY VALUE. IN DETERMINING THE
COMBINED EQUITY VALUE OF ASSETS, THE ARIZONA WORKS AGENCY SHALL EXCLUDE THE
EQUITY VALUE OF VEHICLES UP TO A TOTAL EQUITY VALUE OF FOUR THOUSAND FIVE
HUNDRED DOLLARS AND ONE HOME THAT SERVES AS THE HOMESTEAD FOR THE ARIZONA
WORKS GROUP.
2. THE PERSON IS A MEMBER OF AN ARIZONA WORKS GROUP WHOSE GROSS INCOME
IS AT OR BELOW THIRTY-SIX PER CENT OF THE 1992 FEDERAL POVERTY LEVEL. IN
CALCULATING GROSS INCOME, THE ARIZONA WORKS AGENCY SHALL INCLUDE ALL OF THE
FOLLOWING:
(a)
(b)
(c
3. BEGINNING ON THE DATE THAT THE PERSON ATTAINS EIGHTEEN YEARS OF
AGE, THE TOTAL NUMBER OF MONTHS IN WHICH THE PERSON HAS PARTICIPATED IN THE
CASH ASSISTANCE TO DEPENDENT CHILDREN PROGRAM BEGINNING ON OCTOBER 1, 1996
OR THE ARIZONA WORKS PROGRAM, OR BOTH, DOES NOT EXCEED SIXTY MONTHS.
4. WITHIN ONE YEAR BEFORE APPLICATION OR WHILE A RECIPIENT, THE PERSON
HAS NOT TRANSFERRED OR ASSIGNED REAL OR PERSONAL PROPERTY WITH THE INTENT TO
EVADE FEDERAL OR STATE ELIGIBILITY REQUIREMENTS. TRANSFER OF PROPERTY WITH
RETENTION OF A LIFE ESTATE FOR THE PURPOSE OF QUALIFYING FOR ASSISTANCE IS
PROHIBITED. IF FAIR CONSIDERATION FOR THE PROPERTY WAS RECEIVED, NO INQUIRY
INTO MOTIVE IS NECESSARY. A PERSON FOUND INELIGIBLE UNDER THIS PARAGRAPH IS
INELIGIBLE FOR THE TIME THE AGENCY DETERMINES.
1. PROVIDING INFORMATION REGARDING THE IDENTITY OF THE CHILD'S FATHER
AND MOTHER AND OTHER INFORMATION INCLUDING THEIR NAMES, SOCIAL SECURITY
NUMBERS AND CURRENT ADDRESSES OR A SWORN STATEMENT THAT ATTESTS TO THE LACK
OF THIS INFORMATION AND THAT IS ACCOMPANIED BY FACTS SUPPORTING THE ASSERTED
LACK OF INFORMATION.
2. APPEARING AT INTERVIEWS, HEARINGS AND LEGAL PROCEEDINGS.
3. SUBMITTING AND HAVING THE CHILD SUBMIT TO GENETIC TESTING.
4. SIGNING AUTHORIZATIONS FOR THIRD PARTIES TO RELEASE INFORMATION
CONCERNING THE APPLICANT OR THE CHILD, OR BOTH.
5. IN CASES IN WHICH PARENTAGE HAS NOT BEEN ESTABLISHED, PROVIDING A
SWORN STATEMENT ALLEGING PATERNITY AND SETTING FORTH FACTS ESTABLISHING A
REASONABLE POSSIBILITY OF THE REQUISITE SEXUAL CONTACT BETWEEN THE PARTIES.
6. SUPPLYING ADDITIONAL INFORMATION AS THE DEPARTMENT MAY REQUIRE.
B. THE ARIZONA WORKS AGENCY SHALL SANCTION A PARTICIPANT WHO FAILS
WITHOUT GOOD CAUSE TO COOPERATE WITH CHILD SUPPORT ENFORCEMENT EFFORTS. ONE
OR MORE OF THE FOLLOWING CIRCUMSTANCES CONSTITUTES GOOD CAUSE FOR FAILURE TO
COOPERATE WITH CHILD SUPPORT EFFORTS:
1. COOPERATION MAY RESULT IN PHYSICAL HARM TO THE PARTICIPANT OR THE
CHILD OR CARETAKER RELATIVE.
2. LEGAL PROCEEDINGS FOR ADOPTION OF THE CHILD FOR WHOM SUPPORT IS
SOUGHT ARE PENDING BEFORE A COURT.
3. THE PARTICIPANT HAS BEEN WORKING FOR LESS THAN NINETY DAYS WITH A
PUBLIC OR LICENSED PRIVATE SOCIAL AGENCY ON THE ISSUE OF WHETHER PLACING THE
CHILD FOR ADOPTION IS UNDER CONSIDERATION.
4. THE CHILD FOR WHOM SUPPORT IS SOUGHT WAS CONCEIVED AS A RESULT OF
SEXUAL ASSAULT OR INCEST.
C. A PERSON CLAIMING GOOD CAUSE HAS TWENTY DAYS FROM THE DATE THE GOOD
CAUSE CLAIM IS PROVIDED TO THE AGENCY TO SUPPLY EVIDENCE SUPPORTING THE
CLAIM. WHEN DETERMINING WHETHER THE PARENT OR CARETAKER RELATIVE IS
COOPERATING WITH THE AGENCY AS PROVIDED IN SUBSECTION B, THE AGENCY SHALL
REQUIRE:
1. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION B, PARAGRAPH 1 IS
CLAIMED, LAW ENFORCEMENT RECORDS THAT INDICATE THAT THE ALLEGED FATHER OR
OBLIGOR MIGHT INFLICT PHYSICAL HARM ON THE CHILD, PARENT OR CARETAKER
RELATIVE.
2. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION B, PARAGRAPH 2 IS
CLAIMED, COURT DOCUMENTS THAT INDICATE THAT LEGAL PROCEEDINGS FOR ADOPTION
ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION.
3. IF THE GOOD CAUSE EXCEPTION IN SUBSECTION B, PARAGRAPH 3 IS
CLAIMED, LAW ENFORCEMENT RECORDS INDICATING THAT THE CHILD WAS CONCEIVED AS
A RESULT OF SEXUAL ASSAULT OR INCEST.
B. IF THE PERSON CHOOSES TO USE THE SERVICES OF THE JOB COUNSELOR TO
OBTAIN EMPLOYMENT AND MEETS THE REQUIREMENTS OF SECTION 46-344, THE JOB
COUNSELOR SHALL ASSESS THE PERSON'S SKILLS AND EXPERIENCE AND DETERMINE THE
APPROPRIATE LEVEL OF EMPLOYMENT INTO WHICH THE PERSON SHOULD BE PLACED. THE
FOUR LEVELS OF EMPLOYMENT IN THE ARIZONA WORKS PROGRAM ARE AS FOLLOWS:
1. LEVEL ONE PLACEMENT IS FULL-TIME UNSUBSIDIZED EMPLOYMENT AND THE
JOB COUNSELOR SHALL ASSIST THE PERSON IN THE EMPLOYMENT SEARCH. IN
DETERMINING AN APPROPRIATE PLACEMENT FOR A PARTICIPANT, A JOB COUNSELOR SHALL
GIVE PRIORITY PLACEMENT UNDER THIS SUBSECTION OVER PLACEMENTS UNDER
PARAGRAPHS 2, 3 AND 4 OF THIS SUBSECTION.
2. LEVEL TWO PLACEMENT IS SUBSIDIZED, PAID EMPLOYMENT IN WHICH A
SUBSIDY IS PROVIDED TO AN EMPLOYER THAT EMPLOYS A PERSON TO IMPROVE THE
EMPLOYABILITY OF THE PERSON THROUGH WORK EXPERIENCE AND TRAINING TO ASSIST
THE PERSON TO MOVE PROMPTLY TO UNSUBSIDIZED EMPLOYMENT. A PERSON MAY BE
REQUIRED TO WORK UP TO FORTY HOURS A WEEK AND SHALL BE PAID AT LEAST THE
MINIMUM HOURLY WAGE. A LEVEL TWO PLACEMENT IS LIMITED TO SIX MONTHS WITH AN
OPTION TO RENEW FOR THREE MONTHS AT THE DISCRETION OF THE JOB COUNSELOR. THE
JOB COUNSELOR SHALL REASSESS THE PERSON'S EMPLOYABILITY AFTER EACH SIX MONTHS
OF A PERSON'S PARTICIPATION UNDER THIS SUBSECTION. A PERSON MAY PARTICIPATE
IN MORE THAN ONE PLACEMENT BUT MAY NOT EXCEED A TOTAL OF TWENTY-FOUR MONTHS
OF PARTICIPATION UNDER THIS PARAGRAPH. IN DETERMINING THE APPROPRIATE
PLACEMENT FOR A PERSON, A JOB COUNSELOR SHALL GIVE PRIORITY TO PLACEMENT
UNDER THIS PARAGRAPH OVER PLACEMENTS UNDER PARAGRAPHS 3 AND 4 OF THIS
SUBSECTION.
3. LEVEL THREE PLACEMENT IS A TRIAL JOB THAT IS AN UNSUBSIDIZED,
UNPAID POSITION THE ARIZONA WORKS AGENCY HAS SOLICITED FROM THE COMMUNITY AT
LARGE TO IMPROVE THE EMPLOYABILITY OF PERSONS BY PROVIDING WORK EXPERIENCE
AND TRAINING TO ASSIST THE PERSON TO MOVE PROMPTLY TO UNSUBSIDIZED
EMPLOYMENT. PERSONS MAY BE REQUIRED TO WORK NOT MORE THAN THIRTY HOURS A
WEEK IN ORDER TO BE ELIGIBLE FOR THE MAXIMUM MONTHLY GRANT OF THREE HUNDRED
NINETY DOLLARS. THE JOB COUNSELOR MAY REQUIRE A PARTICIPANT PLACED IN A TRIAL
JOB TO PARTICIPATE IN EDUCATION AND TRAINING ACTIVITIES FOR NOT MORE THAN TEN
HOURS A WEEK. A LEVEL THREE PLACEMENT IS LIMITED TO SIX MONTHS WITH AN
OPTION TO RENEW FOR AN ADDITIONAL THREE MONTHS AT THE DISCRETION OF THE JOB
COUNSELOR. THE JOB COUNSELOR SHALL REASSESS THE PERSON'S EMPLOYABILITY AFTER EACH SIX MONTHS OF THE PERSON'S PARTICIPATION UNDER THIS PARAGRAPH. A PERSON
MAY PARTICIPATE IN MORE THAN ONE PLACEMENT BUT MAY NOT EXCEED A TOTAL OF
TWENTY-FOUR MONTHS OF PARTICIPATION UNDER THIS PARAGRAPH. IN DETERMINING THE
APPROPRIATE PLACEMENT FOR A PERSON, A JOB COUNSELOR SHALL GIVE PRIORITY TO
PLACEMENT UNDER THIS PARAGRAPH OVER PLACEMENT UNDER PARAGRAPH 4 OF THIS
SUBSECTION.
4. LEVEL FOUR PLACEMENT IS A COMMUNITY REFERRAL IN WHICH A PARTICIPANT
IS ALLOWED TO CHOOSE FROM A VARIETY OF COMMUNITY AND FAITH-BASED SERVICE
PROVIDERS THAT ARE UNDER CONTRACT WITH THE ARIZONA WORKS AGENCY. COMMUNITY
REFERRAL AGENCIES SHALL PROVIDE MENTORING AND WORK ACTIVITIES DESIGNED TO
IMPROVE THE EMPLOYABILITY OF PERSONS BY PROVIDING WORK EXPERIENCE AND
TRAINING TO ASSIST THEM TO MOVE PROMPTLY TO UNSUBSIDIZED EMPLOYMENT. PERSONS
MAY BE REQUIRED TO WORK NOT MORE THAN TWENTY-FIVE HOURS PER WEEK IN ORDER TO
BE ELIGIBLE FOR THE MAXIMUM MONTHLY GRANT OF THREE HUNDRED FIFTY DOLLARS.
THE JOB COUNSELOR MAY REQUIRE A PARTICIPANT PLACED IN A COMMUNITY REFERRAL
TO PARTICIPATE IN EDUCATION AND TRAINING ACTIVITIES FOR NOT MORE THAN FIFTEEN
HOURS A WEEK. THE JOB COUNSELOR SHALL REASSESS THE PERSON'S EMPLOYABILITY
AFTER EACH SIX MONTHS OF THE PERSON'S PARTICIPATION UNDER THIS PARAGRAPH.
A PERSON'S PARTICIPATION UNDER THIS PARAGRAPH SHALL NOT EXCEED TWENTY-FOUR
MONTHS.
C. THE ARIZONA WORKS AGENCY MAY GRANT AN EXTENSION TO THE TWENTY-FOUR
MONTH TIME LIMITS ON EMPLOYMENT PLACEMENTS ON A CASE-BY-CASE BASIS IF THE
PARTICIPANT HAS MADE ALL OF THE APPROPRIATE EFFORTS TO FIND UNSUBSIDIZED
EMPLOYMENT AND HAS BEEN UNABLE TO FIND EMPLOYMENT BECAUSE LOCAL LABOR MARKET
CONDITIONS PRECLUDE A REASONABLE JOB OPPORTUNITY FOR THAT PARTICIPANT, AS
DETERMINED BY THE ARIZONA WORKS AGENCY.
D. AN APPLICANT MAY APPEAL A DETERMINATION THAT THE INDIVIDUAL IS
INELIGIBLE FOR ARIZONA WORKS OR A PARTICIPANT MAY APPEAL A SANCTION IMPOSED
BY THE JOB COUNSELOR PURSUANT TO THIS SECTION BY FILING A NOTICE OF APPEAL
WITH THE AGENCY WITHIN FIVE DAYS AFTER RECEIVING NOTICE OF THE SANCTION. A
HEARING OFFICER APPOINTED BY THE ARIZONA WORKS AGENCY SHALL CONDUCT A HEARING
WITHIN THIRTY DAYS AFTER THE NOTICE OF APPEAL IS FILED. THE AGENCY SHALL
NOTIFY THE PARTICIPANT OF THE TIME AND PLACE OF THE HEARING AT LEAST FIVE
DAYS BEFORE THE HEARING. THE ARIZONA WORKS AGENCY SHALL ADOPT RULES FOR
HEARING PROCEDURES. ALL DECISIONS BY THE HEARING OFFICER ARE SUBJECT TO
JUDICIAL REVIEW PURSUANT TO TITLE 12, CHAPTER 7, ARTICLE 6.
E. AT ANY TIME DURING THE FIRST SIXTY DAYS AFTER APPLICATION, A JOB
COUNSELOR MAY PLACE A PERSON IN ONE OF THE EMPLOYMENT PLACEMENT LEVELS. THE
JOB COUNSELOR MUST MAKE A PLACEMENT BY THE SIXTIETH DAY OR THE PERSON IS
AUTOMATICALLY REFERRED TO THE LEVEL FOUR PLACEMENT.
F. DURING THE FIRST SIXTY DAYS AFTER APPLICATION, THE JOB COUNSELOR
MAY REQUIRE THE PERSON TO PARTICIPATE IN A VARIETY OF JOB READINESS, SKILL
BUILDING OR TRAINING ACTIVITIES DESIGNED TO IMPROVE THE PERSON'S
EMPLOYABILITY.
G. FROM THE DATE OF APPLICATION UNTIL THE PERSON IS PLACED IN AN
EMPLOYMENT PLACEMENT, THE PERSON IS ELIGIBLE FOR A MAXIMUM MONTHLY GRANT OF
THREE HUNDRED FIFTY DOLLARS.
H. PARTICIPANTS PLACED IN LEVEL THREE OR FOUR ARE NOT CONSIDERED
EMPLOYEES FOR PURPOSES OF TITLE 23, CHAPTERS 4 AND 6.
I. UNWED MINOR PARENTS WHO ARE UNDER TWENTY YEARS OF AGE AND WHO HAVE
NOT ATTAINED THEIR HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, IN ORDER TO SATISFY
THE WORK REQUIREMENTS OF ARIZONA WORKS, ARE REQUIRED TO EITHER MAINTAIN:
1. SATISFACTORY ATTENDANCE AT A SECONDARY SCHOOL OR THE EQUIVALENT.
2. SATISFACTORY PARTICIPATION IN EDUCATION DIRECTLY RELATED TO
EMPLOYMENT.
J. IF PLACED IN LEVEL THREE OR FOUR, FOR EACH HOUR THE PERSON MISSES
SCHEDULED EMPLOYMENT PREPARATION ACTIVITIES OR EMPLOYMENT WITHOUT GOOD CAUSE,
THE ARIZONA WORKS AGENCY SHALL REDUCE THE GRANT AMOUNT BY THREE DOLLARS
TWENTY-FIVE CENTS. THE JOB COUNSELOR SHALL DETERMINE GOOD CAUSE. FOR
PLACEMENTS UNDER LEVEL TWO, THE EMPLOYER SHALL ONLY PAY THE EMPLOYEE FOR THE
ACTUAL NUMBER OF HOURS WORKED.
K. A PERSON PLACED IN A LEVEL THREE OR A LEVEL FOUR PLACEMENT MAY BE
REQUIRED TO PARTICIPATE IN EDUCATION OR TRAINING ACTIVITIES ASSIGNED AS PART
OF AN EMPLOYABILITY PLAN DEVELOPED BY THE ARIZONA WORKS AGENCY. THE
DEPARTMENT SHALL ESTABLISH BY RULE PERMISSIBLE EDUCATION AND TRAINING THAT
SHALL INCLUDE JOB READINESS TRAINING, A COURSE OF STUDY FOR THE GRANTING OF
A DECLARATION OF EQUIVALENCY OF HIGH SCHOOL GRADUATION, TECHNICAL COLLEGE
COURSES AND EDUCATIONAL COURSES THAT PROVIDE AN EMPLOYMENT SKILL, ENGLISH AS
A SECOND LANGUAGE COURSES AND ADULT BASIC EDUCATION COURSES THAT THE ARIZONA
WORKS AGENCY DETERMINES WOULD FACILITATE A PERSON'S EFFORTS TO OBTAIN
EMPLOYMENT.
L. THE JOB COUNSELOR MAY REQUIRE THE PARTICIPANT TO ENROLL IN TRAINING
OR EDUCATION ACTIVITIES THAT FACILITATE THE PERSON'S EFFORTS TO OBTAIN
EMPLOYMENT. TRAINING AND EDUCATION ACTIVITIES ARE LIMITED TO JOB READINESS
TRAINING, EMPLOYMENT RELATED TRAINING AND EDUCATION ACTIVITIES, A COURSE OF
STUDY FOR THE GRANTING OF A DECLARATION OF EQUIVALENCY OF HIGH SCHOOL
GRADUATION, AND ENGLISH AS A SECOND LANGUAGE COURSES. THE TRAINING AND
EDUCATION ACTIVITIES ARE IN ADDITION TO THE WEEKLY WORK REQUIREMENTS AND
TOGETHER SHALL NOT TOTAL MORE THAN FORTY HOURS A WEEK. A SEPARATE SUM OF
MONIES SHALL BE PROVIDED EXCLUSIVELY FOR EDUCATION AND TRAINING AS DETERMINED
BY THE LEGISLATURE. CHILD CARE ASSISTANCE SHALL BE PROVIDED FOR ALL WORK
REQUIREMENTS AND FOR ALL TRAINING AND EDUCATION ACTIVITIES APPROVED BY THE
JOB COUNSELOR.
M. CHILD CARE ASSISTANCE SHALL BE PROVIDED FOR ALL EDUCATION, TRAINING
AND WORK ACTIVITIES REQUIRED BY THE JOB COUNSELOR.
N. IN TWO-PARENT FAMILIES, CHILD CARE MAY ONLY BE PROVIDED IF BOTH
PARENTS ARE MEETING THEIR WEEKLY WORK REQUIREMENTS.
B. IF THE PARTICIPANT IS PREGNANT SHE SHALL RECEIVE AN EXCUSED ABSENCE
FROM WORK DURING THE LAST TWO WEEKS OF PREGNANCY AND UP TO TWELVE WEEKS AFTER
DELIVERY, IF REQUESTED. THIS TIME PERIOD MAY BE EXTENDED ON A WRITTEN ORDER
FROM A DOCTOR STATING THAT IT IS MEDICALLY NECESSARY TO REFRAIN FROM THESE
ACTIVITIES. DURING THIS EXCUSED ABSENCE, THE PARENT IS ELIGIBLE FOR A
MONTHLY GRANT OF THREE HUNDRED NINETY DOLLARS PER MONTH OR THE AMOUNT OFFERED
UNDER THE PARENT'S EMPLOYMENT PLACEMENT, WHICHEVER IS LESS.
1. FAILURE TO COMPLY WITH CHILD SUPPORT ENFORCEMENT EFFORTS UNLESS
GOOD CAUSE IS ESTABLISHED PURSUANT TO SECTION 46-347.
2. FAILURE TO APPEAR FOR AN INTERVIEW WITH A PROSPECTIVE EMPLOYER.
3. FAILURE TO APPEAR FOR ASSIGNED EDUCATIONAL OR TRAINING ACTIVITIES.
4. FAILURE TO APPEAR FOR ASSIGNED WORK REQUIREMENTS.
B. NONCOMPLIANCE WITH ONE OR MORE OF THE REQUIREMENTS LISTED IN
SUBSECTION A OF THIS SECTION DURING ANY CALENDAR MONTH IS DEEMED TO BE A
MONTH OF NONCOMPLIANCE AND SHALL RESULT IN THE SANCTIONS PRESCRIBED IN
SUBSECTION C OF THIS SECTION. THE AGENCY SHALL IMPOSE THESE SANCTIONS EVEN
IF THE MONTHS OF NONCOMPLIANCE ARE CONSECUTIVE.
C. THE AGENCY SHALL IMPOSE THE FOLLOWING SANCTIONS:
1. FOR THE FIRST SANCTION DUE TO ANY NONCOMPLIANCE THE MONTHLY GRANT
IS REDUCED BY TWENTY-FIVE PER CENT.
2. FOR THE SECOND SANCTION DUE TO ANY NONCOMPLIANCE THE MONTHLY GRANT
IS REDUCED BY FIFTY PER CENT.
3. FOR THE THIRD SANCTION OR SUBSEQUENT SANCTIONS DUE TO ANY
NONCOMPLIANCE, CASH ASSISTANCE SHALL BE TERMINATED FOR AT LEAST A MONTH AND
THE TERMINATION CONTINUES UNTIL THE PARTICIPANT MEETS WITH THE JOB COUNSELOR
AND BEGINS THE ASSIGNED ACTIVITIES.
B. THE MAXIMUM NUMBER OF PROGRAM PARTICIPANTS THAT ANY EMPLOYER IS
AUTHORIZED TO RECEIVE AT ANY ONE TIME SHALL NOT EXCEED TEN PER CENT OF THE
TOTAL NUMBER OF THE EMPLOYER'S EMPLOYEES, EXCEPT THAT EACH EMPLOYER MAY
RECEIVE AT LEAST ONE PARTICIPANT. THE AGENCY MAY ADOPT RULES TO WAIVE THE
LIMIT IN SPECIAL CIRCUMSTANCES.
C. THE AGENCY SHALL ADOPT RULES ESTABLISHING CRITERIA FOR EXCLUDING
EMPLOYERS FROM PARTICIPATION FOR FAILURE TO ABIDE BY PROGRAM REQUIREMENTS,
SHOWING A PATTERN OF TERMINATING PARTICIPANTS BEFORE THE COMPLETION OF
TRAINING OR OTHER DEMONSTRATED UNWILLINGNESS TO COMPLY WITH THE STATED INTENT
OF THE PROGRAM. THE RULES SHALL INCLUDE A PROCEDURE FOR PARTICIPATING
EMPLOYERS TO APPEAL THE FINDINGS OF THE DEPARTMENT REGARDING COMPLIANCE WITH
PROJECT REQUIREMENTS.
D. THE AGENCY SHALL ENSURE THAT JOBS MADE AVAILABLE TO PROGRAM
PARTICIPANTS:
1. DO NOT REQUIRE WORK IN EXCESS OF FORTY HOURS A WEEK.
2. NOT BE USED TO DISPLACE REGULAR EMPLOYEES.
3. PAY A WAGE THAT IS SUBSTANTIALLY LIKE THE WAGE PAID FOR SIMILAR
JOBS WITH THE SUBSIDIZED EMPLOYER WITH APPROPRIATE ADJUSTMENTS FOR EXPERIENCE
AND TRAINING BUT AT LEAST THE FEDERAL MINIMUM WAGE HOURLY RATE.
E. EMPLOYERS PARTICIPATING IN THE PROGRAM SHALL:
1. MAINTAIN HEALTH, SAFETY AND WORKING CONDITIONS AT OR ABOVE LEVELS
GENERALLY ACCEPTABLE IN THE INDUSTRY AND NO LESS THAN THAT OF COMPARABLE JOBS
OFFERED BY THE EMPLOYER.
2. PROVIDE ON-THE-JOB TRAINING, INCLUDING WORKPLACE MENTORING, TO THE
DEGREE NECESSARY FOR THE PARTICIPANTS TO PERFORM THEIR DUTIES.
3. AGREE TO NOTIFY AND ASSIST PROJECT PARTICIPANTS REGARDING THE
FEDERAL ADVANCED EARNED INCOME TAX CREDIT.
4. SIGN AN AGREEMENT FOR EACH PLACEMENT OUTLINING THE SPECIFIC JOB
OFFERED TO THE PARTICIPANT AND AGREEING TO ABIDE BY ALL REQUIREMENTS OF THE
PROGRAM. ALL AGREEMENTS SHALL INCLUDE PROVISIONS NOTING THE EMPLOYERS'
RESPONSIBILITY TO REPAY REIMBURSEMENTS IF THE EMPLOYER VIOLATES PROGRAM
RULES.
5. PROVIDE A WRITTEN EVALUATION OF THE JOB PERFORMANCE OF EACH PROGRAM
PARTICIPANT FOR EACH THIRTY DAY PERIOD OF THE FIRST NINETY DAYS OF THE
PARTICIPANT'S EMPLOYMENT. COPIES OF THIS EVALUATION SHALL BE SUBMITTED TO
THE PROJECT PARTICIPANT AND TO THE JOB COUNSELOR.
F. IF AN EMPLOYER IS A REGISTERED CONTRACTOR, THE PARTICIPANTS'
ENROLLMENT IN A TRAINING PROGRAM APPROVED BY THE BUREAU OF APPRENTICESHIP AND
TRAINING OF THE UNITED STATES DEPARTMENT OF LABOR SATISFIES THE PROVISIONS
OF SUBSECTION E, PARAGRAPH 2 OF THIS SECTION.
G. THE JOB COUNSELOR, TO THE EXTENT FEASIBLE, SHALL ENSURE THAT JOB
ASSIGNMENTS COORDINATE PARTICIPANT SKILLS AND EXPERIENCE WITH EMPLOYER
REQUIREMENTS.
H. EMPLOYERS SHALL PROVIDE WORKERS' COMPENSATION COVERAGE FOR EACH
PARTICIPANT THEY EMPLOY.
I. UNLESS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW, THE PROVISION
OF HEALTH CARE COVERAGE, OTHER BENEFITS, SICK LEAVE AND HOLIDAY AND VACATION
ABSENCES TO PROGRAM PARTICIPANTS SHALL CONFORM TO THE INDIVIDUAL EMPLOYER'S
RULES FOR TEMPORARY EMPLOYEES.
J. IF AFTER SIX MONTHS IN A PLACEMENT A PARTICIPANT HAS NOT BEEN HIRED
FOR AN UNSUBSIDIZED POSITION AND THE EMPLOYER AND THE PARTICIPANT AGREE TO
CONTINUE THE EMPLOYMENT, THE PARTICIPANT SHALL HAVE A THREE MONTH EXTENSION
IF THE EMPLOYER ALLOWS THE PARTICIPANT TO UNDERTAKE UP TO EIGHT HOURS OF JOB
SEARCH A WEEK. FOR PARTICIPANTS WORKING UNDER THE THREE MONTH EXTENSION,
PARTICIPATING EMPLOYERS SHALL CONSIDER UP TO EIGHT HOURS A WEEK OF JOB SEARCH
TIME AS HOURS WORKED FOR THE PURPOSE OF PAYING WAGES. IF AFTER NINE MONTHS
IN A PLACEMENT A PARTICIPANT HAS NOT BEEN HIRED FOR AN UNSUBSIDIZED POSITION,
THE JOB COUNSELOR, WITH THE CONCURRENCE OF THE PARTICIPANT, SHALL TERMINATE
THE PLACEMENT AND SHALL REASSESS THE PARTICIPANT'S EMPLOYMENT NEEDS PURSUANT
TO SECTION 46-349.
K. THE EMPLOYER MAY TERMINATE THE ASSIGNMENT BY CONTACTING THE JOB
COUNSELOR, AND THE JOB COUNSELOR SHALL REVIEW THE MATTER TO DETERMINE WHETHER
PROGRAM GUIDELINES HAVE BEEN FOLLOWED BY THE EMPLOYER AND THE PARTICIPANT.
IF NO VIOLATION OF PROGRAM REQUIREMENTS IS FOUND, THE JOB COUNSELOR SHALL
REASSESS THE NEEDS AND SKILLS OF THE PARTICIPANT AND ASSIGN THE PARTICIPANT
TO ANOTHER PROGRAM PLACEMENT OR TO ANOTHER COMPONENT OF THE ARIZONA WORKS
PROGRAM AND, AT THE EMPLOYER'S REQUEST, SHALL PROVIDE ANOTHER PROGRAM
PARTICIPANT AS A REPLACEMENT.
L. EACH PROGRAM PARTICIPANT SHALL AGREE TO ABIDE BY THE PROGRAM'S
EMPLOYMENT GUIDELINES, INCLUDING JOB CONDUCT AND ATTENDANCE REQUIREMENTS.
M. IF THE EMPLOYER TERMINATES THE PARTICIPANT FOR WILFUL MISCONDUCT
DURING EMPLOYMENT OR IF THE PARTICIPANT REFUSES TO COMPLY WITH THE PROVISIONS
OF THE PROGRAM'S EMPLOYMENT REQUIREMENTS, REFUSES TO ACCEPT A PROGRAM
PLACEMENT WITHOUT GOOD CAUSE OR ESTABLISHES A PATTERN OF EARLY
SELF-TERMINATION FROM PROGRAM PLACEMENTS, THE JOB COUNSELOR SHALL PLACE THE
PARTICIPANT IN LEVEL THREE OR LEVEL FOUR PLACEMENT AND IMPOSE A SANCTION AS
PROVIDED IN SECTION 46-351. A PERSON SHALL NOT BE DEEMED TO BE NONCOMPLIANT
WITH PROGRAM EMPLOYMENT REQUIREMENTS WHO REFUSES A PROGRAM JOB OFFERED THAT
EITHER:
1. IS VACANT DUE TO ANY STRIKE, LOCKOUT OR OTHER LABOR DISPUTE.
2. REQUIRES THE INDIVIDUAL TO JOIN A COMPANY UNION OR TO RESIGN OR
REFRAIN FROM JOINING ANY BONA FIDE LABOR ORGANIZATION.
N. PROGRAM PARTICIPANT WAGES ARE SUBJECT TO FEDERAL AND STATE INCOME
TAXES AND SOCIAL SECURITY TAXES. AMOUNTS FOR THE TAXES SHALL BE WITHHELD IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
O. THE ARIZONA WORKS AGENCY SHALL REIMBURSE THE EMPLOYER IN THE AMOUNT
OF THREE HUNDRED DOLLARS FOR EACH PARTICIPANT.
P. IF THE ARIZONA WORKS AGENCY FINDS THAT A PARTICIPATING EMPLOYER HAS
VIOLATED ANY SUBSIDIZED EMPLOYMENT REQUIREMENTS, THE ARIZONA WORKS AGENCY:
1. SHALL WITHHOLD ANY AMOUNTS DUE TO EMPLOYERS PURSUANT TO SUBSECTION
A OF THIS SECTION.
2. MAY SEEK REPAYMENT OF ANY AMOUNTS PAID TO EMPLOYERS PURSUANT TO
SUBSECTION A OF THIS SECTION.
Q. THE DIRECTORS OF THE DEPARTMENT OF ECONOMIC SECURITY AND THE
ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL COORDINATE
INFORMATION ON PROGRAM PARTICIPANTS TO ENSURE THAT ANY EMPLOYER BASED OR
OTHERWISE AVAILABLE MEDICAL COVERAGE IS ACCOUNTED FOR PROPERLY.
1. THE APPLICANT'S EMPLOYMENT HISTORY.
2. THE LIKELIHOOD OF THE APPLICANT OBTAINING IMMEDIATE, FULL-TIME
EMPLOYMENT GIVEN THE APPLICANT'S EDUCATION, TRAINING AND WORK EXPERIENCE.
3. THE CIRCUMSTANCES PREVENTING THE APPLICANT FROM OBTAINING IMMEDIATE
EMPLOYMENT AND THE EXTENT TO WHICH CASH ASSISTANCE WILL EXPEDITE SECURING
EMPLOYMENT.
B. IF THE AGENCY FINDS THAT THE APPLICANT IS ELIGIBLE FOR THE ARIZONA
WORKS PROGRAM AND SHOULD BE OFFERED SERVICES UNDER THE DIVERSION OPTION, IT
SHALL EXPLAIN THE REQUIREMENTS TO THE APPLICANT, INCLUDING THE AMOUNT OF CASH
ASSISTANCE THE APPLICANT WILL RECEIVE.
C. IF THE AGENCY AND THE APPLICANT AGREE TO SELECT THE DIVERSION
OPTION AS THE APPROPRIATE MEANS TO SELF-SUFFICIENCY, THE AGENCY SHALL ISSUE
THE CASH ASSISTANCE WITHIN THREE WORKING DAYS AFTER THE APPLICANT SUBMITS A
COMPLETED APPLICATION INCLUDING ALL REQUIRED INFORMATION AND DOCUMENTATION.
D. THE AGENCY SHALL PROVIDE A DOLLAR AMOUNT OF CASH ASSISTANCE OF NOT
MORE THAN SIX HUNDRED DOLLARS.
E. THE APPLICANT MUST SIGN AN AGREEMENT THAT LISTS THE REQUIREMENTS
AND CONDITIONS OF THE DIVERSION OPTION.
F. EMPLOYMENT PLACEMENT SERVICES SHALL BE AVAILABLE TO THE APPLICANT
FOR PLACEMENT INTO UNSUBSIDIZED EMPLOYMENT PURSUANT TO SECTION 46-349,
SUBSECTION B, PARAGRAPH 1.
G. APPLICANTS APPROVED FOR THE DIVERSION OPTION ARE ELIGIBLE FOR ALL
OTHER SERVICES FOR WHICH ARIZONA WORKS PROGRAM PARTICIPANTS ARE AUTOMATICALLY
ELIGIBLE.
H. AN ARIZONA WORKS GROUP MAY ONLY RECEIVE ONE DIVERSION PAYMENT
WITHIN A TWELVE MONTH PERIOD.
I. IF THE APPLICANT DECIDES TO SEEK PLACEMENT IN THE ARIZONA WORKS
PROGRAM WITHIN THREE MONTHS AFTER THE DATE OF INITIAL APPLICATION, THE AGENCY
SHALL PRORATE THE DIVERSION PAYMENT TO THE APPLICANT OVER A THREE MONTH
PERIOD BEGINNING ON THE DATE OF INITIAL APPLICATION AND SHALL SUBTRACT THIS
AMOUNT FROM THE ARIZONA WORKS MONTHLY GRANT FOR WHICH THE APPLICANT IS
ELIGIBLE.
J. FOR PURPOSES OF CALCULATING ASSISTANCE PURSUANT TO SECTION 46-354,
THE PAYMENT AMOUNT OFFERED UNDER THE DIVERSION OPTION SHALL BE CONVERTED INTO
THE AMOUNT OF TIME THE APPLICANT WOULD HAVE BEEN IN THE ARIZONA WORKS PROGRAM
AT EMPLOYMENT LEVEL FOUR, PURSUANT TO SECTION 46-349, SUBSECTION B, PARAGRAPH
4 TO RECEIVE THAT AMOUNT OF CASH ASSISTANCE.
B. SUBSECTION A DOES NOT APPLY TO UNWED MINOR PARENTS IN ANY OF THE
FOLLOWING SITUATIONS:
1. THE APPLICANT HAS NO LIVING OR LOCATABLE PARENT, OTHER LEGALLY
RESPONSIBLE ADULT RELATIVE OR LEGAL GUARDIAN.
2. THE APPLICANT IS A LEGALLY EMANCIPATED PERSON. FOR PURPOSES OF
THIS PARAGRAPH, "EMANCIPATED PERSON" MEANS A PERSON WHO, UNDER THE LAWS OF
THIS STATE, IS NOT UNDER A LEGAL DUTY OF SERVICE TO A PARENT OR PARENTS, ANY
OTHER ADULT RELATIVE OR A LEGAL GUARDIAN.
3. ON SUBMISSION OF AN APPLICANT'S STATEMENT OF ABUSE OR NEGLECT, THE
ARIZONA WORKS AGENCY DETERMINES THAT THERE IS SUFFICIENT EVIDENCE THAT THE
HEALTH OR SAFETY OF THE APPLICANT OR THE APPLICANT'S CHILD WOULD BE
JEOPARDIZED IF THE APPLICANT OR THE APPLICANT'S CHILD RESIDED WITH THE
APPLICANT'S PARENT, ANY OTHER LEGALLY RESPONSIBLE ADULT RELATIVE OR A LEGAL
GUARDIAN.
C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT AN OTHERWISE
ELIGIBLE PERSON WHO IS NOT ELIGIBLE FOR CASH ASSISTANCE PURSUANT TO
SUBSECTION A FROM BEING ELIGIBLE TO RECEIVE COVERED MEDICAL SERVICES UNDER
TITLE 36, CHAPTER 29 OR ANY OTHER SERVICES THAT ARE DIRECTLY LINKED TO
ELIGIBILITY FOR ARIZONA WORKS.
D. ANY ATTEMPT BY A MINOR APPLICANT FOR ARIZONA WORKS TO KNOWINGLY
MISREPRESENT INFORMATION IN A MANNER THAT IS DESIGNED TO SUBVERT THE
REQUIREMENTS OF SUBSECTION B CONSTITUTES FRAUD AND SHALL BE REPORTED BY THE
PERSON TO THE APPROPRIATE AUTHORITIES. ARIZONA WORKS SHALL ALSO REPORT TO
THE APPROPRIATE AUTHORITIES ANY EVIDENCE OF ABUSE OR NEGLECT THE DEPARTMENT
OBTAINS WHILE MAKING A FINDING PURSUANT TO SUBSECTION B, PARAGRAPH 3,
REGARDING THE HEALTH OR SAFETY OF AN UNWED MINOR PARENT OR THE UNWED MINOR
PARENT'S CHILD OR CHILDREN.
Sec. 59. Section 46-406, Arizona Revised Statutes, as amended by Laws
1996, chapter 335, section 34, is amended to read:
A. Subject to legislative appropriation, the department of economic
security shall administer the child support enforcement program from the
state's share of the child support collections received on public assistance
cases.
Sec. 60. Section 46-407, Arizona Revised Statutes, is amended to read:
The right to support of a child and spouse who receive
Sec. 61. Section 46-408, Arizona Revised Statutes, is amended to read:
A. The assignment under section 46-407 is subject to all of the
following:
1. Terminates with respect to current support when the person entitled
to receive support is no longer receiving
2. While receiving
3. Does not preclude enforcement of support in the name of the person
entitled to receive support.
4. Does not bind any person who lawfully pays support to the person
entitled to receive support.
5. Does not assign amounts which exceed the amount of
6. When the person entitled to receive support is not concurrently
receiving
7. Until May 31, 1996, the assignment applies to arrearages arising
from the assigned rights of support which right is superior to all other
support claims except current support. From and after May 31, 1996, the
assignment applies to arrearages provided in the court order subject to the
following priorities:
(a) If the person entitled to receive support is currently receiving
(b) If the person entitled to receive support is not currently
receiving
B. For purposes of this section:
1. "Arrearage" means the total unpaid support owed under a child
support order.
2. "Support" has the same meaning
Sec. 62. Section 46-601, Arizona Revised Statutes, is amended to read:
A. The department shall, without cost to the applicant, issue an
identification card to every person who is a recipient of financial
assistance from the department upon voluntary application by such person
B. The identification card shall bear the title of "Arizona social
services identification card", the social security number, full name, date
of birth, residence address and a brief description of the holder, the case
number issued by the department to such recipient and either a facsimile of
the signature of the holder or a space on which he shall write his usual
signature with pen and ink. Every such card shall contain the photograph of
the holder. Such photograph shall be processed in color.
C. The identification card shall be returned to the department when
the person to whom it is issued is no longer a recipient of financial
assistance from the department.
Sec. 63. Title 46, Arizona Revised Statutes, is amended by adding
chapter 8, to read:
1. "CARETAKER RELATIVE" MEANS A RELATIVE WHO EXERCISES RESPONSIBILITY
FOR THE DAY-TO-DAY PHYSICAL CARE, GUIDANCE AND SUPPORT OF A CHILD WHO
PHYSICALLY RESIDES WITH THE RELATIVE AND WHO IS BY AFFINITY OR CONSANGUINITY
OR BY COURT DECREE A GRANDPARENT, GREAT GRANDPARENT, SIBLING OF THE WHOLE OR HALF BLOOD, STEPBROTHER, STEPSISTER, AUNT, UNCLE, GREAT AUNT, GREAT UNCLE OR
FIRST COUSIN.
2. "CASH ASSISTANCE" HAS THE SAME MEANING PRESCRIBED IN SECTION
46-101.
3. "CHILD" MEANS A PERSON WHO IS UNDER THIRTEEN YEARS OF AGE.
4. "CHILD CARE" MEANS THE COMPENSATED SERVICE THAT IS PROVIDED TO A
CHILD WHO IS UNACCOMPANIED BY A PARENT OR GUARDIAN DURING A PORTION OF A
TWENTY-FOUR HOUR DAY.
5. "CHILD CARE ASSISTANCE" MEANS ANY MONEY PAYMENTS FOR CHILD CARE
SERVICES THAT ARE PAID BY THE DEPARTMENT AND THAT ARE PAID FOR THE BENEFIT
OF AN ELIGIBLE FAMILY.
6. "CHILD CARE HOME PROVIDER" MEANS A PERSON WHO IS AT LEAST EIGHTEEN
YEARS OF AGE, WHO IS NOT THE PARENT, GUARDIAN, CARETAKER RELATIVE OR
NONCERTIFIED RELATIVE PROVIDER OF A CHILD NEEDING CHILD CARE AND WHO IS
CERTIFIED BY THE DEPARTMENT TO CARE FOR FOUR OR FEWER CHILDREN FOR
COMPENSATION WITH CHILD CARE ASSISTANCE MONIES.
7. "CHILD CARE PROVIDERS" MEANS CHILD CARE FACILITIES LICENSED
PURSUANT TO TITLE 36, CHAPTER 7.1, ARTICLE 1, CHILD CARE GROUP HOMES
CERTIFIED PURSUANT TO TITLE 36, CHAPTER 7.1, ARTICLE 4, CHILD CARE HOME
PROVIDERS, IN-HOME PROVIDERS, NONCERTIFIED RELATIVE PROVIDERS AND REGULATED
CHILD CARE ON MILITARY INSTALLATIONS OR FOR FEDERALLY RECOGNIZED INDIAN
TRIBES.
8. "ELIGIBLE FAMILY" MEANS PARENTS, LEGAL GUARDIANS OR CARETAKER
RELATIVES WITH LEGAL RESIDENCE IN THIS STATE AND CHILDREN IN THEIR CARE WHO
MEET THE ELIGIBILITY REQUIREMENTS FOR CHILD CARE ASSISTANCE.
9. "FEDERAL POVERTY LEVEL" MEANS THE POVERTY GUIDELINES THAT ARE
ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT
TO SECTION 673(2) OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981 AND THAT
ARE REPORTED ANNUALLY IN THE FEDERAL REGISTER.
10. "IN-HOME PROVIDER" MEANS A PROVIDER WHO IS CERTIFIED BY THE
DEPARTMENT TO CARE FOR A CHILD OF AN ELIGIBLE FAMILY IN THE CHILD'S OWN HOME
AND IS COMPENSATED WITH CHILD CARE ASSISTANCE MONIES.
11. "NONCERTIFIED RELATIVE PROVIDER" MEANS A PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE, WHO PROVIDES CHILD CARE SERVICES TO AN ELIGIBLE CHILD,
WHO IS BY AFFINITY OR CONSANGUINITY OR BY COURT DECREE THE GRANDPARENT, GREAT
GRANDPARENT, SIBLING NOT RESIDING IN THE SAME HOUSEHOLD, AUNT, GREAT AUNT,
UNCLE OR GREAT UNCLE OF THE ELIGIBLE CHILD AND WHO MEETS THE DEPARTMENT'S
REQUIREMENTS TO BE A NONCERTIFIED RELATIVE PROVIDER.
12. "PARENT" OR "PARENTS" MEANS THE NATURAL OR ADOPTIVE PARENTS OF A
CHILD.
1. CHILD CARE ASSISTANCE TO ELIGIBLE FAMILIES.
2. CERTIFICATION OF CHILD CARE HOME AND IN-HOME PROVIDERS WHO ARE NOT
REQUIRED TO BE LICENSED PURSUANT TO TITLE 36, CHAPTER 7.1 FOR THE PURPOSES
OF CARING FOR CHILDREN ELIGIBLE FOR CHILD CARE ASSISTANCE.
3. ESTABLISHMENT OF RIGHTS AND DUTIES OF PROVIDERS AND THE DEPARTMENT
FOR THE PROVISION OF CHILD CARE ASSISTANCE AND SERVICES.
4. CONSUMER EDUCATION TO FAMILIES AND THE PUBLIC, INCLUDING ACTIVITIES
THAT HELP FAMILIES MAKE INFORMED DECISIONS ABOUT CHILD CARE OPTIONS.
5. ACTIVITIES THAT IMPROVE THE QUALITY AND AVAILABILITY OF CHILD CARE.
6. CONSULTATION, TECHNICAL ASSISTANCE, TRAINING AND RESOURCES TO
IMPROVE THE PROVISION AND EXPAND THE ACCESS TO CHILD CARE SERVICES.
B. THE DEPARTMENT SHALL PROVIDE CHILD CARE ASSISTANCE TO ELIGIBLE
FAMILIES WHO ARE TRANSITIONING OFF OF CASH ASSISTANCE DUE TO INCREASED
EARNINGS OR CHILD SUPPORT INCOME IN ORDER TO ACCEPT OR MAINTAIN EMPLOYMENT.
ELIGIBLE FAMILIES MUST REQUEST THIS ASSISTANCE WITHIN SIX MONTHS AFTER THE
CASH ASSISTANCE CASE CLOSURE. CHILD CARE ASSISTANCE MAY BE PROVIDED FOR UP
TO TWENTY-FOUR MONTHS AFTER THE CASE CLOSURE AND SHALL CEASE WHENEVER THE
FAMILY INCOME EXCEEDS ONE HUNDRED THIRTY-FIVE PER CENT OF THE FEDERAL POVERTY
LEVEL.
C. THE DEPARTMENT SHALL PROVIDE CHILD CARE ASSISTANCE TO ELIGIBLE
FAMILIES WHO ARE DIVERTED FROM CASH ASSISTANCE PURSUANT TO SECTION 46-298 IN
ORDER TO OBTAIN OR MAINTAIN EMPLOYMENT. CHILD CARE ASSISTANCE MAY BE
PROVIDED FOR UP TO TWENTY-FOUR MONTHS AFTER THE CASE CLOSURE AND SHALL CEASE
WHENEVER THE FAMILY INCOME EXCEEDS ONE HUNDRED THIRTY-FIVE PER CENT OF THE
FEDERAL POVERTY LEVEL.
D. THE DEPARTMENT MAY PROVIDE CHILD CARE ASSISTANCE TO SUPPORT
ELIGIBLE FAMILIES WITH INCOMES BELOW ONE HUNDRED THIRTY-FIVE PER CENT OF THE
FEDERAL POVERTY LEVEL TO ACCEPT OR MAINTAIN EMPLOYMENT. PRIORITY FOR THIS
CHILD CARE ASSISTANCE SHALL BE GIVEN TO FAMILIES WITH INCOMES BELOW ONE
HUNDRED PER CENT OF THE FEDERAL POVERTY LEVEL.
E. THE DEPARTMENT MAY PROVIDE CHILD CARE ASSISTANCE TO FAMILIES
REFERRED BY CHILD PROTECTIVE SERVICES AND TO CHILDREN IN FOSTER CARE PURSUANT
TO TITLE 8, CHAPTER 5 TO SUPPORT CHILD PROTECTION.
F. THE DEPARTMENT MAY PROVIDE CHILD CARE ASSISTANCE TO SPECIAL
CIRCUMSTANCE FAMILIES WHOSE INCOMES ARE BELOW ONE HUNDRED THIRTY-FIVE PER
CENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNABLE TO PROVIDE CHILD CARE
FOR A PORTION OF A TWENTY-FOUR HOUR DAY DUE TO A CRISIS SITUATION OF DOMESTIC
VIOLENCE OR HOMELESSNESS, OR A PHYSICAL, MENTAL, EMOTIONAL OR MEDICAL
CONDITION, PARTICIPATION IN A DRUG TREATMENT OR DRUG REHABILITATION PROGRAM OR COURT ORDERED COMMUNITY SERVICE. PRIORITY FOR THIS CHILD CARE ASSISTANCE
SHALL BE GIVEN TO FAMILIES WITH INCOMES BELOW ONE HUNDRED PER CENT OF THE
FEDERAL POVERTY LEVEL.
G. IN LIEU OF THE EMPLOYMENT ACTIVITY REQUIRED IN SUBSECTION B, C OR
D OF THIS SECTION, THE DEPARTMENT MAY ALLOW ELIGIBLE FAMILIES WITH TEENAGED
CUSTODIAL PARENTS UNDER TWENTY YEARS OF AGE TO COMPLETE A HIGH SCHOOL DIPLOMA
OR ITS EQUIVALENT OR ENGAGE IN REMEDIAL EDUCATION ACTIVITIES REASONABLY
RELATED TO EMPLOYMENT GOALS.
H. THE DEPARTMENT MAY PROVIDE SUPPLEMENTAL CHILD CARE ASSISTANCE FOR
DEPARTMENT APPROVED EDUCATION AND TRAINING ACTIVITIES IF THE ELIGIBLE PARENT,
LEGAL GUARDIAN OR CARETAKER RELATIVE IS WORKING AT LEAST A MONTHLY AVERAGE
OF TWENTY HOURS PER WEEK AND THIS EDUCATION AND TRAINING ARE REASONABLY
RELATED TO EMPLOYMENT GOALS. UNLESS OTHERWISE AUTHORIZED THROUGH A PERSONAL
RESPONSIBILITY PLAN PURSUANT TO CHAPTERS 1 AND 2 OF THIS TITLE, ATTENDANCE
AT A SECONDARY SCHOOL TO COMPLETE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT OR
OTHER REMEDIAL EDUCATION ACTIVITIES ARE LIMITED TO UP TO TWELVE MONTHS OF
SUPPLEMENTAL CHILD CARE ASSISTANCE. POSTSECONDARY EDUCATION AND TRAINING
ACTIVITIES ARE LIMITED TO UP TO TWENTY-FOUR MONTHS OF SUPPLEMENTAL CHILD CARE
ASSISTANCE. THE ELIGIBLE PARENT, LEGAL GUARDIAN OR CARETAKER RELATIVE MUST
DEMONSTRATE SATISFACTORY PROGRESS IN THE EDUCATION OR TRAINING ACTIVITY. THE
DEPARTMENT SHALL NOT APPROVE SUPPLEMENTAL CHILD CARE ASSISTANCE FOR EDUCATION
AND TRAINING ACTIVITIES IF THE PARENT, LEGAL GUARDIAN OR CARETAKER RELATIVE
HAS PREVIOUSLY RECEIVED TWO YEARS OF CHILD CARE ASSISTANCE FOR POSTSECONDARY
EDUCATION OR TRAINING OR AN EQUIVALENT OF AN ASSOCIATE DEGREE.
I. THE DEPARTMENT MAY ESTABLISH WAITING LISTS FOR CHILD CARE
ASSISTANCE AND PRIORITIZE CHILD CARE ASSISTANCE FOR DIFFERENT ELIGIBILITY
CATEGORIES IN ORDER TO MANAGE WITHIN APPROPRIATED AND AVAILABLE MONIES.
J. THE DEPARTMENT SHALL ESTABLISH CRITERIA FOR DENYING, REDUCING OR
TERMINATING CHILD CARE ASSISTANCE THAT INCLUDE:
1. WHETHER THERE IS A PARENT, LEGAL GUARDIAN OR CARETAKER RELATIVE
AVAILABLE TO CARE FOR THE CHILD.
2. FINANCIAL OR PROGRAMMATIC ELIGIBILITY CHANGES OR INELIGIBILITY.
3. FAILURE TO COOPERATE WITH THE REQUIREMENTS OF THE DEPARTMENT TO
DETERMINE OR REDETERMINE ELIGIBILITY.
4. HOURS OF CHILD CARE NEED THAT FALL WITHIN THE CHILD'S COMPULSORY
ACADEMIC SCHOOL HOURS.
5. REASONABLY ACCESSIBLE AND AVAILABLE PUBLICLY FUNDED EARLY CHILDHOOD
EDUCATION PROGRAMS.
6. WHETHER AN OTHERWISE ELIGIBLE FAMILY HAS BEEN SANCTIONED AND CASH
ASSISTANCE HAS BEEN TERMINATED PURSUANT TO CHAPTER 2 OF THIS TITLE.
7. OTHER CIRCUMSTANCES OF A SIMILAR NATURE.
K. THE DEPARTMENT SHALL REVIEW EACH CASE AT LEAST ONCE A YEAR TO
EVALUATE ELIGIBILITY FOR CHILD CARE ASSISTANCE.
L. NOTWITHSTANDING THE PROVISIONS OF CHILD CARE ASSISTANCE ELIGIBILITY
DESCRIBED IN THIS SECTION, BY DECEMBER 31, 1997, THE DEPARTMENT SHALL
REDETERMINE THE ELIGIBILITY OF ANY FAMILY WHO IS RECEIVING CHILD CARE
ASSISTANCE AS OF THE EFFECTIVE DATE OF THIS CHAPTER AND WHOSE ELIGIBILITY FOR
ASSISTANCE MAY TERMINATE BY REASON OF THE PROVISIONS OF THIS CHAPTER. THE
DEPARTMENT SHALL TERMINATE INELIGIBLE FAMILIES FROM CHILD CARE ASSISTANCE BY
JUNE 30, 1998.
B. BEGINNING ON JULY 1, 1998, PAYMENT RATES SHALL BE IDENTICAL IN FORM
FOR ALL CHILD CARE ASSISTANCE.
C. THE DEPARTMENT MAY PAY DIFFERENT LEVELS OF CHILD CARE ASSISTANCE
ACCORDING TO THE CATEGORY OF CHILD CARE PROVIDER, AGE OF CHILDREN, GEOGRAPHIC
AREA, LEVEL OF NATIONAL ACCREDITATION, VARYING CHILD CARE COSTS FOR CHILDREN
WITH SPECIAL NEEDS OR OTHER CIRCUMSTANCES TO MEET THE CHILD CARE NEEDS OF
ELIGIBLE FAMILIES.
D. THE DEPARTMENT SHALL ESTABLISH A SLIDING FEE SCALE AND FORMULA FOR
DETERMINING CHILD CARE ASSISTANCE BASED ON:
1. INCOME AND EARNINGS OF THE FAMILY.
2. FAMILY SIZE.
3. NUMBER OF CHILDREN RECEIVING CHILD CARE ASSISTANCE.
4. CHILD SUPPORT TO OTHER MINOR DEPENDENT CHILDREN OF THE PARENT
LIVING OUTSIDE THE FAMILY UNIT.
5. OTHER FACTORS OF A SIMILAR NATURE.
E. ALL CHILD CARE PROVIDERS SHALL REMAIN IN GOOD STANDING WITH
LICENSING AND CERTIFICATION LAWS AND ADOPTED RULES.
B. ALL CHILD CARE PERSONNEL SHALL BE FINGERPRINTED ACCORDING TO
SECTION 41-1964.
C. THE DEPARTMENT MAY DENY THE APPLICATION OR SUSPEND OR REVOKE THE
CERTIFICATION OF A CHILD CARE HOME OR IN-HOME PROVIDER FOR VIOLATION OF ANY
PROVISIONS OF LAW OR FAILURE TO MAINTAIN THE STANDARDS OF CARE. WRITTEN
NOTICE OF THE GROUNDS OF SUSPENSION OR THE PROPOSED DENIAL OR REVOCATION
SHALL BE GIVEN TO THE APPLICANT OR PROVIDER. THE APPLICANT OR PROVIDER HAS
A RIGHT TO REQUEST A HEARING ON THE SUSPENSION, DENIAL OR REVOCATION OF A
CERTIFICATION, AND A HEARING SHALL BE HELD PURSUANT TO TITLE 41, CHAPTER 14,
ARTICLE 3 AND ACCORDING TO RULES OF THE DEPARTMENT.
1. CRITERIA FOR MAKING CHILD CARE ASSISTANCE ELIGIBILITY
DETERMINATIONS.
2. CRITERIA FOR CERTIFYING CHILD CARE HOME AND IN-HOME PROVIDERS.
3. CRITERIA FOR OPERATING CHILD CARE RESOURCE AND REFERRAL SERVICES
AND FOR SUSPENDING AND TERMINATING REFERRALS TO PARTICIPATING CHILD CARE
PROVIDERS PURSUANT TO SECTION 41-1967.
1. THE NUMBER OF FAMILIES SERVED AND TOTAL NUMBER OF CHILDREN SERVED
BY EACH OF THE CHILD CARE PROGRAMS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC
SECURITY.
2. THE TOTAL NUMBER OF DOLLARS SPENT ON CHILD CARE FOR EACH OF THE
CHILD CARE PROGRAMS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC SECURITY.
3. THE NUMBER OF RECIPIENTS ELIGIBLE FOR TRANSITIONAL MEDICAL AND
CHILD CARE BENEFITS.
4. THE NUMBER OF RECIPIENTS WHO ACCEPT TRANSITIONAL MEDICAL AND CHILD
CARE BENEFITS SPECIFYING HOW MANY RECIPIENTS HAVE RECEIVED THESE SERVICES FOR
LESS THAN TWELVE MONTHS AND THOSE WHO HAVE RECEIVED THESE SERVICES FOR MORE
THAN TWELVE MONTHS.
5. THE NUMBER OF APPLICANTS WAITING FOR SERVICES UNDER THE STATE CHILD
CARE SUBSIDY AND FEDERAL CHILD CARE PROGRAMS FOR WORKING FAMILIES.
6. COPAYMENT LEVELS FOR EACH OF THE CHILD CARE PROGRAMS ADMINISTERED
BY THE DEPARTMENT OF ECONOMIC SECURITY.
7. THE AMOUNT OF COPAYMENT MONEY COLLECTED FOR EACH OF THE CHILD CARE
PROGRAMS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC SECURITY.
8. THE TOTAL NUMBER OF PAYMENTS MADE TO RELATIVES FOR CHILD CARE AND
THE NUMBER OF CHILDREN SERVED.
9. ANY CHANGES IN THE PAYMENT RATE SCHEDULES AND MAXIMUM PROVIDER
RATES FROM THE PREVIOUS FISCAL YEAR AND THE REASON FOR THOSE CHANGES.
10. THE NUMBER OF FAMILIES PROVIDING CHILD CARE AS A WORK ACTIVITY IN
ORDER TO MEET THE FEDERAL WORK PARTICIPATION RATES ESTABLISHED PURSUANT TO
PUBLIC LAW 104-193.
Laws 1997, first special session, chapter 3, section 9 is repealed.
A. The department of economic security may enter into a contract with a private provider to implement a computer-based technology system that will
determine eligibility for welfare programs, support welfare reform processes
and policy and that is designed to:
1. Maximize the return of existing and potential welfare recipients
to the work force.
2. Make welfare eligibility decisions correctly and consistently.
3. Reduce the caseworker error rate for welfare determinations.
4. Simplify the welfare eligibility determination process.
5. Standardize local welfare office procedures.
6. Increase staff productivity and fraud detection.
7. Provide enough error rate and productivity savings to pay for the
system.
B. Before approval by the joint legislative budget committee and
governor's office of strategic planning and budgeting of a welfare
eligibility technology system, the system shall comply with the review and
approval requirements of section 41-3504, Arizona Revised Statutes, relating
to the government information technology agency and section 41-3521, Arizona Revised Statutes, relating to the information technology authorization
committee. The director of the department of economic security with the
approval of the joint legislative budget committee and the governor's office
of strategic planning and budgeting may enter into a contract through the
procurement process to establish the welfare eligibility technology system
throughout the state only if it is determined that the system will result in
a net savings to the state.
C. The joint legislative budget committee shall approve baseline data
for error rates and productivity developed by the department of economic
security to use as the measure for determining savings.
D. If a contract for the system is entered into, the director shall
establish a technology system fund through the department of administration
and each month shall determine the error rate and productivity savings to the
department of economic security from implementation of the system. The
director shall transfer that amount from its general appropriation to the
fund and may pay for the economic security welfare eligibility system from
the fund as a continuing appropriation. Monies in the technology system fund
are exempt from the provisions of section 35-190, Arizona Revised Statutes,
relating to lapsing of appropriations. A copy of the monthly savings report
shall be provided to the staff director of the joint legislative budget
committee.
E. On publication, the request for proposals shall be provided to the
joint legislative budget committee for its review. The joint legislative
budget committee shall review the criteria used to determine the cost savings
and contract life-cycle costs including but not limited to:
1. Licensing fees.
2. Maintenance agreements and related costs.
3. Hardware costs.
4. Software costs.
5. Other costs anticipated throughout the life-cycle of the contract.
F. The contract shall specify incremental phases of implementation.
Each phase shall be reviewed by the joint legislative budget committee before
monies are released to the contractor.
G. The department of economic security shall report quarterly to the
joint legislative budget committee after the contract has been awarded
regarding the status of the project.
H. If the welfare eligibility technology system is established, it
shall be implemented commensurate with and in time to support the welfare
reform program of the director of the department of economic security.
I. If a contract for the system is entered into, the director of the
department of economic security shall prepare and file a report with the
governor, the speaker of the house of representatives and the president of
the senate each year by December 1 detailing all aspects of the welfare
eligibility technology system.
A. The welfare reform joint committee is established consisting of the
following members:
1. The chairman of the house block grants committee or its successor
committee and the chairman of the senate government reform committee or its
successor committee, who shall cochair the joint committee.
2. Two members of the house of representatives who are appointed by
the speaker of the house of representatives, not more than one from the same
political party.
3. Two members of the senate who are appointed by the president of the
senate, not more than one from the same political party.
B. The joint committee may appoint or form working groups or
subcommittees as necessary.
C. The welfare reform joint committee cochairs shall appoint a task
force consisting of experts in various fields who will meet as directed by
the joint committee and report to the joint committee. The task force shall
examine areas related to welfare, including but not limited to child care,
transportation, employers and job training, life skills and the role of
nonprofits, and privatization. The task force shall include:
1. One county supervisor, appointed by the cochair from the senate,
from a county with a population of more than four hundred thousand persons
according to the most recent United States decennial or special census.
2. One county supervisor, appointed by the cochair from the house of
representatives, from a county with a population of less than four hundred
thousand persons according to the most recent United States decennial or
special census.
3. One mayor, appointed by the cochair from the house of
representatives, or the mayor's representative, from a city or town having
a population of more than one hundred fifty thousand persons according to the
most recent United States decennial or special census.
4. One mayor, appointed by the cochair from the senate, or the mayor's
representative, from a city or town having a population of less than sixty
thousand persons according to the most recent United States decennial or
special census.
5. The head of a community action association appointed by the cochair
from the house of representatives.
6. Two business professionals with expertise in administrative
efficiency, one appointed by the cochair from the house of representatives
and one appointed by the cochair from the senate.
7. The chief executive or administrative officer of one state agency
who is appointed by the cochair from the senate.
8. A representative of organized labor who is appointed by the cochair
from the house of representatives.
9. The head of a private, nonprofit service organization who is
appointed by the cochair from the senate.
10. A representative of an inter-tribal organization who is appointed
by the cochair from the house of representatives.
11. A representative from the community college system appointed by the
cochair from the house of representatives.
12. A representative from a community based organization that provides
education and training appointed by the cochair from the senate.
D. By December 31 of each year the welfare reform joint committee and
task force shall report to the speaker of the house of representatives, the president of the senate and the governor about the joint committee's findings
and recommendations.
E. Task force members are not eligible to receive compensation and are
not eligible to receive reimbursement of expenses pursuant to title 38,
chapter 4, article 2, Arizona Revised Statutes.
F. The staff of the house of representatives and the senate, the staff
of the joint legislative budget committee, the staff of the legislative
council, and the governor's office of strategic planning and budgeting, and
other executive branch agencies, as requested and appropriate, shall provide
staff support to the task force and joint committee.
A. An electronic benefits transfer (EBT) committee is established
consisting of the following members:
1. One retailer from a large chain grocery organization, appointed by
the president of the senate.
2. One retailer from a convenience store organization, appointed by
the speaker of the house of representatives.
3. One retailer who is an independent grocer, appointed by the speaker
of the house of representatives.
4. One banker or other representative from a financial institution
familiar with national automated clearinghouse association standards,
appointed by the president of the senate.
5. Two members from the technical and administrative staff of the
department of economic security, one appointed by the speaker of the house
of representatives and one appointed by the president of the senate.
6. The director of the department of economic security, or a designee.
7. Two temporary assistance for needy families aid recipients, one
appointed by the speaker of the house of representatives and one appointed
by the president of the senate.
B. Committee members are not eligible to receive compensation or
reimbursement of expenses.
C. The committee shall monitor the following issues and make
recommendations as to any possible improvements to the EBT program regarding
the following:
1. Costs associated with implementing a fully functional and operating
EBT program statewide, including financial impact:
(a) The retail community.
(b) Temporary assistance for needy families aid recipients.
(c) The state of Arizona.
2. Prepare and submit a report of its findings to the speaker of the
house of representatives and the president of the senate no later than
January 1, 1998.
Section 67 of this act is repealed from and after January 1, 1998.
The department of economic security is exempt from the provisions of
section 41-2544, Arizona Revised Statutes, to implement the welfare redesign,
including welfare eligibility technology systems, and may procure services
or materials by using a risk-sharing, value-based payment method in which
contractors are paid a portion of the benefit cost savings as a direct result
of contractor performance.
Notwithstanding any other law and subject to an appropriation of monies
to replace the title XIX funding, persons who were residing in the United
States under color of law on or before August 21, 1996 and who were receiving
Arizona long-term care system benefits may continue to receive long-term care
services pursuant to title 36, chapter 29, article 2, Arizona Revised Statutes, if the person remains otherwise eligible for title 36, chapter 29,
article 2, Arizona Revised Statutes.
Before the department of economic security reduces or denies any
assistance benefits under title 46, chapter 2, Arizona Revised Statutes,
based on a shortfall of revenues, the department shall exhaust any block
grant monies related to the assistance that have been set aside in the
temporary assistance for needy families stabilization fund established by
section 46-138.03, Arizona Revised Statutes.
The purpose of federal block grants is to allow the states to try to
find the best solutions to meet the particular needs in each state. To
achieve the goal of helping Arizonans achieve self-sufficiency, the five year
block grant allows flexibility in the spending of block grant monies.
However, to be certain that this state maintains sufficient federal monies
to meet the needs of Arizona's citizens, it is the intent of the legislature
that monies received by this state from the federal temporary assistance for
needy families block grant shall not be diverted out of the temporary
assistance for needy families block grant for other purposes not related to
welfare reform through fiscal year 2002-2003.
The department of economic security shall adopt rules for
implementation of the Arizona works program and shall begin this process
immediately upon the effective date of this act.
A. For the purposes of developing or revising rules to implement the
requirements of this act, the department of economic security and the Arizona
health care cost containment system administration are exempt from title 41,
chapter 6, Arizona Revised Statutes.
B. On or before December 31, 1997, the department of economic security
and the Arizona health care cost containment system administration shall
institute the formal rule making process required by title 41, chapter 6,
Arizona Revised Statutes, for developing or revising rules to implement the
requirements of this act, including rules developed or revised pursuant to
subsection A of this section.
The director of the department of economic security and the director
of the Arizona health care cost containment system administration shall apply
by July 31, 1997 to the United States department of health and human services
and the United States department of agriculture for the approval and waivers
necessary to implement this act. Each director shall report to the president
of the senate and the speaker of the house of representatives every
forty-five days after initial contact with the federal agencies to provide
updates on communications with the federal agencies.
By September 1 of each year, the department of economic security shall
submit a report to the president of the senate, speaker of the house of
representatives and governor regarding welfare reform implementation. The
report shall include information on outcome measures such as length of
employment, amount of earned income, hourly wage, hours worked per week,
total family income, health coverage, use of child care, issues concerning
welfare reform in rural areas, housing, number of out-of-wedlock births,
length of deferral for victims of domestic violence, level of participation
in job training, education for the transition to self-sufficiency and number
of substantiated cases of child abuse and neglect. The information shall be
for the most current year and the previous year and shall be compiled in a
manner and form that allow an assessment of the effectiveness of welfare
reform in this state, including areas in which temporary assistance for needy
families is being operated by the Arizona works agency pursuant to title 46,
chapter 2, article 9, Arizona Revised Statutes, as added by this act.
A. The department of economic security shall implement programs that
are designed to expand and enhance paternity establishment efforts through
private sector involvement.
B. The department shall submit a report describing these programs and
the results of these programs to the governor, the president of the senate,
the speaker of the house of representatives, the secretary of state and the
department of library, archives and public record on or before November 15
of each year.
C. The sum of $200,000 is appropriated from the state general fund to
the department of economic security in fiscal year 1997-1998 for the
paternity establishment efforts prescribed in this section.
The department of economic security shall transfer the entire sum
allocated from the federal temporary assistance to needy families block grant
for teen pregnancy prevention to the department of health services by an
interagency service agreement. The department of health services shall
distribute the monies to organizations that offer pregnancy prevention
programs consistent with the requirements of the personal responsibility and
work opportunity reconciliation act of 1996 (PRWORA), specifically, programs
calculated to decrease the number of out-of-wedlock births without increasing
the abortion rate.
The sum of $1,000,000 is transferred from the general appropriation
received each fiscal year by the department of economic security for
temporary assistance for needy families to the technology system fund
established by this act in each of the fiscal years 1997-1998 through
2001-2002 for the first five years of implementation of the welfare
eligibility technology system established in section 65 of this act for
funding for personnel services and employee related expenses. If the
department of economic security enters into a contract with a private
provider and establishes the technology system fund in fiscal year 1997-1998,
the department may make the first-year transfer of $1,000,000 required by
this section from monies included in the temporary assistance for needy
families stabilization fund.
A. The sum of $308,400 is appropriated from the state general fund to
the department of economic security for fiscal year 1997-1998 for the purpose
of implementing and operating an electronic benefits transfer method of cash
and food stamp benefits issuance.
B. The director of the department of economic security with the
approval of the joint legislative budget committee and the governor's office
of strategic planning and budgeting may enter into a contract through the
procurement process to implement an electronic benefits transfer system.
C. The electronic benefits transfer system shall comply with the
review and approval requirements of section 41-3504, Arizona Revised Statutes, relating to the government information technology agency and
section 41-3521, Arizona Revised Statutes, relating to the information
technology authorization committee.
D. The department of economic security shall report quarterly after
the contract has been awarded to the joint legislative budget committee on
implementation of the electronic benefits transfer system.
The sum of $50,000 is appropriated from the state general fund to the
department of administration for fiscal year 1997-1998 for the purpose of implementing and operating an electronic benefits transfer method of cash and
food stamp benefits issuance.
The sum of $1,032,500 is appropriated from the state general fund to
the Arizona health care cost containment system for fiscal year 1997-1998 for
the purpose of providing health care services to persons who were residing
in the United States under color of law on or before August 21, 1996 and who
were receiving health care services based on eligibility criteria established
under the supplemental security income program but who do not meet the United
States citizenship or legal alienage requirements in section 36-2903.03,
Arizona Revised Statutes.
The sum of $147,400 is appropriated from the state general fund to the
Arizona health care cost containment system for fiscal year 1997-1998 for the
purpose of providing prenatal care to persons who are lawfully present in the
United States on or before August 21, 1996 and who would be eligible for
health care services under section 11-297, 36-2905 or 36-2905.03, Arizona Revised Statutes, except for their failure to meet the citizenship or alien
status requirements in section 36-2903.03, Arizona Revised Statutes.
A. Of the $20,009,900 appropriated to the department of economic
security for temporary assistance for needy families legislative initiatives
for fiscal year 1997-1998 by Laws 1997, first special session, chapter 1,
section 6, $12,509,900 is reallocated for the following purposes:
1. $2,832,900 to JOBS for job placement and training.
2. $1,000,000 to the division of administration for a one-time
transfer from eligibility offices to job placement offices.
3. $2,000,000 to the division of employment and rehabilitation
services for work-related transportation.
4. $2,000,000 to the division of employment and rehabilitation
services for teen pregnancy prevention.
5. $3,677,000 to children services for child welfare caseload growth.
6. $1,000,000 to JOBS for life skills training.
B. Of the $20,009,900 appropriated to the department of economic
security for temporary assistance for needy families legislative initiatives
for fiscal year 1997-1998 by Laws 1997, first special session, chapter 1,
section 6, $7,500,000 is transferred to the federal child care block grant
and appropriated to the department of economic security for day care subsidy
for the following purposes:
1. $5,280,000 for temporary assistance for needy families related
child care.
2. $2,000,000 for education and training-related child care for
temporary assistance for needy families recipients or low income work-related
child care.
3. $220,000 for quality set-aside.
Of the $17,491,400 appropriated to the department of economic security
for temporary assistance for needy families stabilization fund in fiscal year
1997-1998 by Laws 1997, first special session, chapter 1, section 6, the
following amounts are transferred for the following purposes:
1. $10,000,000 is transferred to day care subsidy in the following
amounts:
(a) $9,920,000 for low income work-related child care.
(b) $80,000 for quality set-aside.
2. $1,000,000 is transferred to JOBS for job placement and training.
3. $250,000 is transferred for the purpose of implementing outreach
and naturalization efforts targeted to legal immigrants losing food stamps
and health coverage. These monies shall be used for application fees and
citizenship and English classes.
4. $300,000 is transferred to the Arizona works procurement board for
administrative expenses and to obtain technical assistance from experts in
welfare programs and state procurement. Expenditures of such monies are
exempt from the provisions of title 41, chapter 23, Arizona Revised Statutes,
but subject to the procurement policies and procedures adopted by the Arizona
works procurement board pursuant to section 46-342, subsection C, Arizona Revised Statutes, as added by this act.
The $13,653,500 of federal child care block grant monies appropriated
to the department of economic security for child care legislative initiatives
in fiscal year 1997-1998 by Laws 1997, first special session, chapter 1,
section 6, is reallocated to day care subsidy for the following purposes:
1. $6,439,300 for temporary assistance for needy families related
child care.
2. $3,938,700 for transitional child care.
3. $2,729,300 to complete the equalization of reimbursement rates for
low income work-related child care. This amount is in addition to a
$4,470,100 base adjustment the department will make for the same purpose in
fiscal year 1997-1998 and the $1,700,000 base adjustment the department will
make for child care related to child protective services and foster care in
fiscal year 1997-1998.
4. $546,200 for quality set-aside.
Any monies appropriated from the federal temporary assistance for needy
families block grant for fiscal year 1997-1998 that are unexpended and
unencumbered at the end of the fiscal year shall be used as a reversion
against temporary assistance for needy families cash benefits, subject to
federal maintenance of effort requirements. The unexpended and unencumbered
general fund monies appropriated for temporary assistance for needy families cash benefits shall revert to the temporary assistance for needy families
stabilization fund established by section 46-138.03, Arizona Revised Statutes, as added by this act.
The joint legislative budget committee shall provide recommendations
to the forty-third legislature, second regular session, regarding refinements
and other details relating to the income tax credit provided by section
43-1088 as added by this act.
Sections 28 through 32 of this act are effective for taxable years
beginning from and after December 31, 1997.
Pursuant to Laws 1996, chapter 193, sections 46-292 and 46-298, Arizona Revised Statutes, as amended by this act do not become effective unless the
federal government grants the appropriate waivers that are necessary to
implement these sections by January 1, 1998.
The legislative council staff shall prepare any necessary amendments
and corrections to this act for introduction in the 1998 legislature.
APPROVED BY THE GOVERNOR MAY 2, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 2, 1997.
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