Ariz. Admin. Code § R6-6-1514 - Denial, Suspension, or Revocation of an Hcbs Certificate

Current through Register Vol. 27, No. 52, December 24, 2021

A. The Division may deny, suspend or revoke an HCBS certificate or an amendment to an HCBS certificate for any one or a combination of the following:

1. An applicant or service provider refuses to cooperate in providing information as required in this Article; or

2. An applicant or service provider violates applicable provisions of Articles 1, 9, 15, and 16.

B. The Division may deny or revoke an HCBS certificate if an applicant, individual service provider, or agency administrator has been convicted of, pled no contest to, or is currently awaiting trial on any of the following criminal acts:

1. Sexual abuse of a child or vulnerable adult,

2. Incest,

3. First- or second-degree murder,

4. Kidnapping,

5. Arson,

6. Sexual assault,

7. Sexual exploitation of a child or vulnerable adult,

8. Commercial sexual exploitation of a child or vulnerable adult,

9. Felony offenses within the previous 10 years involving the manufacture or distribution of marijuana or dangerous or narcotic drugs,

10. Robbery,

11. Child prostitution as defined in A.R.S. § 13-3206,

12. Child abuse or abuse of a vulnerable adult,

13. Sexual conduct with a child,

14. Molestation of a child or vulnerable adult,

15. Voluntary manslaughter, or

16. Aggravated assault.

C. Upon notification that an agency employee is found to have been convicted of, awaiting trial on, or pled no contest to any of the criminal acts listed in R6-6-1514(B), an agency shall immediately take the following actions:

1. Remove the employee from direct contact with clients; and

2. Notify the Division, unless the agency initially received notice from the Division.

D. If an agency fails to comply with R6-6-1514(C), the Division may deny or revoke the agency HCBS certificate.

E. Upon notification that an individual service provider has been convicted of, pled no contest to, or is currently awaiting trial on any of the criminal acts listed in R6-6-1514(B), the Division shall immediately take the following action to assure that the individual service provider has no direct contact with the client:

1. Prohibit the service provider from rendering services to the client,

2. Notify the responsible person, and

3. Prevent further authorization for service with the service provider.

F. If the criminal records check pursuant to R6-6-1506(B) indicates that an individual service provider, agency administrator, a direct-care staff person or the supervisor of a direct-care staff person has been convicted of or found by a court to have committed, or is reasonably believed to have committed, the offenses listed in A.R.S. § 36-594, other than those listed in R6-6-1514(B), the Division shall consider the following factors when determining what action to take regarding HCBS certification:

1. The extent of the individual's criminal record;

2. Length of time since the commission of the offense;

3. Nature of the offense;

4. Mitigating circumstances surrounding commission of the offense;

5. The degree of the individual's participation in the offense;

6. The extent of the individual's rehabilitation, including but not limited to:

a. Completion of all terms of probation, and

b. Payment of all restitution or compensation for the offense, and

c. Evidence of positive action to change criminal behavior such as completion of a drug treatment program or counseling,

d. References attesting to the individual's rehabilitation;

7. The individual has the burden of providing evidence of mitigating factors listed in subsection (F).

G. If the reason for denial, suspension, or revocation of a certificate involves a threat to the health, welfare, or safety of clients, the service provider shall not render services to a client.

Notes

Ariz. Admin. Code § R6-6-1514

Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). Typographical correction made to subsection reference in R6-6-1514(F)(7) (Supp. 96-4).