Ariz. Admin. Code § R6-6-1801 - Definitions

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

A. An Administrative Review shall be available to any person aggrieved by a decision of the Department. An Administrative Review is preliminary to those rights set forth in R6-6-2201 et seq.

B. The Department shall give written notice to persons served directly or indirectly by the Department informing them of the right to an Administrative Review in any decisions by a District Program Manager relating to:

1. Eligibility, admission, placement evaluation, and assignment to services.

2. Care and treatment, transfer or substantial change in service.

3. Termination of, or discharge from, a service

4. Fee for service.

C. Grievances related to decisions by the program contractor for licenses or involving DD/ALTCS clients and ALTCS service providers are separately addressed in R6-6-1803 and R6-6-1804 respectively.

D. Written notice shall be in English and, when appropriate and reasonably possible to do so, in the primary language of the grievant. When the primary language is not a written language, such notice shall be provided in the language spoken or mode of communication used by the grievant.

In addition to the definitions in Article 1 of this Chapter, the following definitions apply to this Article:

1. "Action" means:
a. Denial or termination of eligibility for Division services;
b. The imposition of or increase in financial contribution to cost of services determined under Article 12 of this Chapter;
c. The denial or limited authorization of a requested service solely funded by state dollars including the type or level of service;
d. The reduction or termination of a previously authorized service solely funded by state dollars; or
e. The denial, suspension, or revocation of a Home and Community-based Services (HCBS) certificate under Article 15 of this Chapter.
2. "Administrative Decision" means the Division's written decision resulting from an Administrative Review.
3. "Appeal" means a request for a hearing pursuant to Article 22 under this Chapter to adjudicate the Division's Administrative Decision or proceeding pursuant to R6-6-1808(B)(1).
4. "Applicant" means an adult, guardian of an adult, or a parent or guardian of a minor, who has applied for eligibility for Division services.
5. "Day" means calendar day unless otherwise specified.
6. "Department" means the Arizona Department of Economic Security.
7. "Division" means the Division of Developmental Disabilities within the Department.
8. "HCBS" and "Home and Community-based Services" mean the same as in R6-6-1501.
9. "Member" means an individual enrolled with the Division.
10. "Representative" means an individual authorized in writing by the Requestor to represent the Requestor during the Administrative Review process.
11. "Requestor" means an Applicant, Member, other Responsible Person, or Home and Community-based Services (HCBS) certificate applicant or holder affected by an Action.
12. "Responsible Person" means the same as in A.R.S. § 36-551.
13. "Working Day" means 8:00 am to 5:00 pm Monday through Friday, excluding state observed holidays.

Notes

Ariz. Admin. Code § R6-6-1801
Adopted effective March 8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1801 repealed, new Section R6-6-1801 renumbered from R6-6-1802 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). R6-6-1801(A) reference to R6-6-2001 corrected to R6-6-2201at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.

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