36-562

36-562. Schedule of financial contribution;
review of payment order

A. Money for the support of a person with a developmental disability in a
residential program operated or supported by the department, except for children placed
in special foster homes as described in section 36-558.01, pursuant to sections 8-242,
8-514.01 and 8-845, shall be paid to the department, and by it deposited, pursuant to
sections 35-146 and 35-147, and shall continue to be paid unless the person is terminated
from such residential program.

B. The financial contribution by the parent of a minor with a developmental
disability shall terminate on the eighteenth birthday of such person. The financial
contribution by parents on behalf of two or more persons with developmental disabilities
receiving developmental disabilities programs or services shall not exceed the maximum
amount such parents would be required to pay if only one of such children were receiving
the programs or services.

C. The department shall by rule prescribe a fee schedule for developmental
disability residential programs provided directly or indirectly by the department. The
amount of annual liability of a person with a developmental disability or parent for
residential programs and services provided shall be based on the percentage of gross
income of the person with a developmental disability or parent, as defined by section 61
of the United States internal revenue code, except that part of the gross income of a
self-employed person that results from the operation of his business shall be adjusted by
the deductions allowed in the internal revenue code relating to such income in computing
adjusted gross income.

D. For a person with a developmental disability or a parent of a minor with a
developmental disability with an estate, trust or annuity, the amount of annual liability
for residential programs and services shall be based on the actual cost of services until
the individual meets the financial eligibility requirements for federal social security
supplemental income benefits or the financial eligibility requirements for the Arizona
long-term care system. In billing a trust, the department is not limited to trust income,
but shall also bill the trust corpus.

E. The director shall review his order for payment for residential care and
services at least annually, and shall require the responsible person to update the
financial information provided annually or at any time on request by the county board of
supervisors or by the parent, guardian, or other person making such payments. Section
36-563 applies to any order or change in order for payment.

F. The responsible person shall furnish current financial information to the
director and to the appropriate county board of supervisors at the times and on the forms
and in the manner prescribed by the director, provided that such information shall be
held by the director and the county board of supervisors to be strictly confidential, and
it shall not be divulged except in the instance where it is necessary in connection with
legal action.

G. A financial contribution, which shall not exceed the actual cost of the programs
and services provided, may be required from the client or the parent, spouse or estate of
a person with a developmental disability for the cost of any nonresidential developmental
disability program or service operated by or supported by the department. The department
shall by rule adopt a fee schedule for financial contributions. The amount of liability
of a client or the parent, spouse or estate of a client for nonresidential services and
programs or any combination of residential and nonresidential services and programs shall
not exceed the amount of the fee prescribed for residential services in subsection C of
this section. Counties are not required to contribute to the cost of nonresidential
services or programs provided to clients.

H. The amount payable by the person with a developmental disability or the person's
parent or estate for residential services shall be fixed by the director in accordance
with the fee schedule prescribed in this section.

I. Money paid by a client, parent or guardian shall be paid to the director and
deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

J. The department shall provide monthly, or more frequent, billings, as required,
to all persons responsible for paying for developmentally disabled residential or
nonresidential services and programs provided directly or indirectly by the
department. The department shall require all purchase of care providers to provide
current lists of all persons receiving residential or nonresidential services and
programs in facilities operated by such providers. The department shall forward reports
of delinquent billings for residential and nonresidential services and programs provided
by the department or by contractors to the attorney general for collection.

K. The department shall notify each client and the parent or guardian of such
client for whom it has determined that contributions are required for the cost of
residential or nonresidential services and programs that it reserves the right to
terminate developmental disability residential or nonresidential services and programs to
a client for nonpayment of fees required to be paid pursuant to this section.

L. Any person affected by an order of the director for payment of costs of care may
contest such order and request an administrative hearing pursuant to section 36-563. Any
person liable for the costs of care of a client may appeal to the director, pursuant to
section 36-563, for a reduction in the amount of payment for such costs of care on the
basis of hardship.

M. Notwithstanding subsections C and H of this section, the department may require
clients who are receiving residential programs and who receive income or benefits to
contribute to the cost of their support and maintenance, subject to the provisions of
federal laws and regulations. Such contributions shall not be subject to subsections A
and I of this section. The department shall adopt rules that determine the amount and
means of payment of such contributions, except that in no event shall the combined
contribution made on behalf of a client by a client or the client's parent or estate
exceed the actual cost of the residential programs provided. A minimum of twelve per
cent of the client's income or benefits shall be retained for the client's personal use.