41-1954

41-1954. Powers and duties

A. In addition to the powers and duties of the agencies listed in section 41-1953,
subsection E, 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, maintenance and operation of a state case registry of child support
orders, a state directory of new hires, a support payment clearinghouse 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) 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.

(h) 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, Public Law 91-517, and other related federal acts and titles.

(i) 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 before 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 that 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 that 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 that 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 that 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.

20. Cooperate with the Arizona-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the department's duties
and that relate to quality of life, trade and economic development in this state in a
manner that will help the Arizona-Mexico commission to assess and enhance the economic
competitiveness of this state and of the Arizona-Mexico region.

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 law to the contrary, the department:

1. Shall deposit, pursuant to sections 35-146 and 35-147, such monies as it
receives to be retained separate and apart from the state general fund 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. On termination of the department's responsibility for the child, shall 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. Subsection B of this section does not 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.

E. In implementing the temporary assistance for needy families program pursuant to
Public Law 104-193, the department shall provide for cash assistance to two parent
families if both parents are able to work only upon documented participation by both
parents in work activities described in title 46, chapter 2, article 5, except that
payments may be made to families who do not meet the participation requirements if:

1. It is determined on an individual case basis that they have emergency needs.

2. The family is determined to be eligible for diversion from long-term cash
assistance pursuant to title 46, chapter 2, article 5.

F. The department shall provide for cash assistance under temporary assistance for
needy families pursuant to Public Law 104-193 to two parent families for no longer than
six months if both parents are able to work, except that additional assistance may be
provided on an individual case basis to families with extraordinary circumstances. The
department shall establish by rule the criteria to be used to determine eligibility for
additional cash assistance.

G. The department shall adopt the following discount medical payment system no
later than October 1, 1993 for persons who the department determines are eligible and who
are receiving rehabilitation services pursuant to subsection A, paragraph 1, subdivision
(d) of this section:

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 H.

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
before 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 H, 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 L or any other established fee schedule the
department determines reasonable.

H. The department shall not pay claims for services pursuant to this section that
are submitted more than nine months after the date of service for which the payment is
claimed.

I. To assist in the location of persons or assets for the purpose of establishing
paternity, establishing, modifying or enforcing child support obligations and other
related functions, the department has access, including automated access if the records
are maintained in an automated database, to records of state and local government
agencies, including:

1. Vital statistics, including records of marriage, birth and divorce.

2. State and local tax and revenue records, including information on residence
address, employer, income and assets.

3. Records concerning real and titled personal property.

4. Records of occupational and professional licenses.

5. Records concerning the ownership and control of corporations, partnerships and
other business entities.

6. Employment security records.

7. Records of agencies administering public assistance programs.

8. Records of the motor vehicle division of the department of transportation.

9. Records of the state department of corrections.

10. Any system used by a state agency to locate a person for motor vehicle or law
enforcement purposes, including access to information contained in the Arizona criminal
justice information system.

J. Notwithstanding subsection I of this section, the department or its agents shall
not seek or obtain information on the assets of an individual unless paternity is
presumed pursuant to section 25-814 or established.

K. Access to records of the department of revenue pursuant to subsection I of this
section shall be provided in accordance with section 42-2003.

L. The department also has access to certain records held by private entities with
respect to child support obligors or obligees, or individuals against whom such an
obligation is sought. The information shall be obtained as follows:

1. In response to a child support subpoena issued by the department pursuant to
section 25-520, the names and addresses of these persons and the names and addresses of
the employers of these persons, as appearing in customer records of public utilities and
cable television companies.

2. Information on these persons held by financial institutions.

M. Pursuant to department rules, the department may compromise or settle any
support debt owed to the department if the director or an authorized agent determines
that it is in the best interest of the state and after considering each of the following
factors:

1. The obligor's financial resources.

2. The cost of further enforcement action.

3. The likelihood of recovering the full amount of the debt.

N. Notwithstanding any law to the contrary, a state or local governmental agency or
private entity is not subject to civil liability for the disclosure of information made
in good faith to the department pursuant to this section.