reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 18 - ADMINISTRATIVE REVIEW › Section R6-6-1812 - Continuation of Home and Community-based Services (HCBS) Certificates during the Administrative Review Process

Current through Register Vol. 30, No. 28, July 12, 2024
When an HCBS certificate holder timely files a request for an
				  Administrative Review regarding a decision to suspend or revoke an HCBS
				  certificate, the revocation or suspension shall not become effective, unless
				  the Division finds that the public health, safety, or welfare imperatively
				  requires emergency action under A.R.S. § 41-1064, until:
1. There is an Administrative Decision, or
				the Action is considered upheld under R6-6-1808(B)(1), and the Requestor does
				not file a timely Appeal under Article 22 of this Chapter; or
2. If there is a timely Appeal under Article
				22 of this Chapter, a final administrative or judicial decision is
				rendered.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 18 - ADMINISTRATIVE REVIEW › Section R6-6-1813 - Appeals and Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A Requestor shall have the right to an Appeal under Article
				  22 of this Chapter if:
1. The
				Requestor is dissatisfied with the Administrative Decision; or
2. The Action is considered upheld pursuant
				to R6-6-1808(B)(1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 19 - RECODIFIED › Section R6-6-1912

Current through Register Vol. 30, No. 28, July 12, 2024
The above Section
				  was adopted and automatically repealed during the same calendar quarter. For
				  the text of this Section, refer to 2 A.A.R. 1691, May 10, 1996.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2001 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply in this Article:
1. "Competitive solicitation" means an invitation from the
				  Division to two or more parties for the submission of proposals for the
				  provision of goods or services.
2. "Contract" means all types of state agreements, regardless
				  of what they may be called, for the procurement of goods or services.
3. "Offeror" means a person who or an entity which submits a
				  proposal to the Division in response to a request for goods or services.
4. "Procurement" means buying, purchasing, renting, or
				  leasing or otherwise acquiring any goods or services. Procurement also includes
				  all functions that pertain to the obtaining of any good or service including
				  description of requirements, selection and solicitation of sources, preparation
				  and award of contract, and all phases of contract administration.
5. "Proposal" means all documents, whether attached or
				  incorporated by reference, that an offeror submits to the Division to make an
				  offer to provide goods or services.
6. "Qualified offeror" means an offeror who meets the
				  specific requirements set forth in a request for proposals.
7. "Request for proposals" means all documents, whether
				  attached or incorporated by reference, which are used for soliciting proposals
				  for goods or services.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2002 - Contracting Process

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Division shall procure goods and services in the manner prescribed in
				A.R.S. Title 41, Chapter 23 ("The Arizona Procurement Code"), except for goods
				and services described in Laws 1995, Ch. 84, § 3.
B. The Division shall procure goods and
				services described in Laws 1995, Ch. 84, § 3 by following the procedures in
				this Article when any of the following conditions occur:
1. The Division has issued a competitive
				solicitation, pursuant to A.R.S. §
										41-2534,
				and the solicitation has not resulted in the number of offerors needed to meet
				the service needs of the clients;
2. The Division has identified an immediate
				or emergency service need and current providers cannot meet the need;
3. The Division solicits proposals for acute
				care services from health plans, pursuant to
				R6-6-2005;
4. The Division needs acute care providers
				for a geographic area in which:
a. No health
				plan has responded to the Division's solicitation of proposals under
				R6-6-2005;
b. The offeror has withdrawn from the
				solicitation process described in this Article; or
c. The offeror cannot reach an agreement with
				the Division during the solicitation process described in this Article;
				or
5. A federal or state
				statute, regulation, rule, or programmatic change requires the Division to make
				changes in mandated ALTCS services, in ALTCS service delivery, or in the
				administration of the DD/ALTCS program.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2003 - Solicitation for Offerors

Current through Register Vol. 30, No. 28, July 12, 2024
When a competitive solicitation does not result in the number
				  of offerors required to meet the service needs of the clients, the Division
				  shall:
1. Recruit a potential offeror
				by advertisement or other reasonable means of communicating the service
				need;
2. Verify that an offeror
				complies with all applicable Division and AHCCCS qualification, licensing, and
				certification requirements for the service as described in the original request
				for proposals;
3. Establish a
				contract with a qualified offeror;
4. Request that each provider contracting
				under this rule submit proposals in response to the next competitive
				solicitation the Division issues under A.R.S. Title 41, Chapter 23 for these
				services;
5. Advise each provider
				that failure to respond to the next competitive solicitation will result in
				expiration of the existing contract; and
6. Send each provider holding a contract
				under this Section a notice of the next competitive solicitation for the
				service.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2004 - Immediate or Emergency Need for Services

Current through Register Vol. 30, No. 28, July 12, 2024
When the Division identifies an immediate or emergency need
				  for service and current providers cannot meet the service need, the Division
				  shall follow the steps listed in
				  R6-6-2003
				  to procure the service.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2005 - Acute Care - Solicitation of Service from Health Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall solicit proposals from
				providers of acute care services. The Division shall include at least the
				following information in the request for proposals;
1. The time and date set for the proposal
				opening;
2. The address of the
				office at which proposals are to be received;
3. The period during which the offer
				contained in the proposal will remain open;
4. The service description, covered
				populations, geographic coverage, specifications, and a delivery or performance
				schedule;
5. The contract terms and
				conditions, including bonding or other security requirements, if
				applicable;
6. A provision for the
				award of contracts by category of member or service in order to secure the most
				financially advantageous offers for the state;
7. A provision that each submitted proposal
				describe each category of member, type of service, and geographic area the
				offeror will cover in the proposed contract;
8. A provision for a procedure allowing the
				Division to request voluntary price reduction of offers from only those
				offerors the Division has tentatively selected for award, before the final
				award or rejection of proposals;
9.
				The factors to be used in the evaluation;
10. The location and method for obtaining
				documents that are incorporated by reference in the Division's request for
				proposals;
11. The requirement that
				the offeror acknowledge receipt of all amendments issued by the
				Division;
12. The type of services
				required and a description of the work involved;
13. The type of contract to be used and a
				copy of a proposed contract form or provisions;
14. The estimated length of time during which
				services will be required;
15. A
				requirement for cost or pricing data;
16. The minimum information that an offeror
				shall submit with a proposal; and
17. A provision requiring that an offeror to
				certify that the submission of the proposal does not involve collusion or other
				anti-competitive practice.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2006 - Acute Care - Evaluation of Proposals; Cancellation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall base proposal
				evaluations on the evaluation factors set forth in the request for
				proposals.
B. The Division shall
				send a written notice of rejection to offerors whose proposals are rejected and
				maintain a copy of the notice in the procurement file.
C. The Assistant Director may cancel a
				request for proposals or may reject any and all proposals in whole or in part
				if the Assistant Director determines that the cancellation or rejection is in
				the state's best interest based on the following factors:
1. The availability of funding,
2. The inability to come to agreement with
				offerors,
3. A change in the need
				for services,
4. The potential for
				loss of federal funds,
5. A change
				in federal or state requirements which affect the service specified in the
				proposal, and
6. Collusion or
				anti-competitive practices on the part of an offeror.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2007 - Acute Care - Award of Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall award a contract:
1. To the qualified offeror who submits the
				most advantageous proposal to the state based on the evaluation factors set
				forth in the request for proposals; and
2. By the category of member, type of
				service, and geographic area.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2008 - Acute Care - Protests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Assistant Director shall resolve any protest filed concerning a contract
				proposal or award covered by this Article.
B. An offeror may protest a contract proposal
				or award by filing a written protest with the Assistant Director.
C. A protest shall include the following
				information;
1. Name, address, and telephone
				number of the protester;
2.
				Signature of the protester or its representative;
3. Identification of the request for
				proposals or contract number;
4. A
				statement of the legal and factual grounds of the protest including copies of
				any relevant documents; and
5. The
				relief requested.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2009 - Acute Care Providers in a Geographic Area with No Health Plan

Current through Register Vol. 30, No. 28, July 12, 2024
The Division shall recruit individual providers for acute
				  care services by following
				  R6-6-2003(1),
				  (2), and (3) when:
1. The Division has first tried to obtain
				offers by issuing a solicitation of service as prescribed in
				R6-6-2005;
				and
2. The Division finds;
a. A response is not obtained,
b. An offeror withdraws from the solicitation
				process, or
c. An agreement does
				not result between a health plan and the Division.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2010 - Statute, Regulation, Rule, or Program Change

Current through Register Vol. 30, No. 28, July 12, 2024
When a new federal or state statute, regulation, rule, or
				  programmatic change involving the DD/ALTCS program or administration requires
				  the Division to comply by modifying current programs, the Division shall follow
				  the steps in
				  R6-6-2003(1),
				  (2), and (3).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 20 - CONTRACTS › Section R6-6-2011 - Procurement Records

Current through Register Vol. 30, No. 28, July 12, 2024
The Division shall maintain the following records relating to
				  the procurement of contracts in the procurement file, if applicable:
1. A copy of the request for
				proposals;
2. The proposals
				received;
3. The best and final
				offers;
4. Written
				correspondence;
5. The basis for
				award;
6. The documentation
				required by
				R6-6-2006(D)
				and
				R6-6-2007(D).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2102 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				shall apply to services purchased by the Division under the authority of A.R.S.
				§
									36-557
				and to reimbursement rates established by the Division under the authority of
				A.R.S. §
									36-2959.
				This Article does not apply to services purchased by the Division under the
				Arizona Procurement Code, A.R.S. Title 41, Chapter 23.
B. Under this Article, the Division may:
1. Enter into Qualified Vendor Agreements for
				the delivery of statewide community developmental disability
				services;
2. Amend Qualified Vendor
				Agreements in accordance with these rules;
3. Establish, review, and update
				reimbursement rates for the purchase of services for persons with developmental
				disabilities in the Arizona long-term care system and the state only
				program;
4. Purchase community
				developmental disability services from provider organizations, Professional
				Independent Providers and Individual Independent Providers who have submitted a
				Qualified Vendor application, have become qualified as a vendor and have signed
				a Qualified Vendor Agreement or an Individual Service Agreement with the
				Division;
5. Create a list of
				Qualified Vendors based on applications received that meet the criteria defined
				at
				R6-6-2104;
6. Reimburse a Qualified Vendor for the
				provision of community developmental disability services based on published
				rates or negotiated rates;
a. The Division
				shall determine if the reimbursement methodology will be published rate or
				negotiated rate for each service purchased.
b. The Division shall use only one
				reimbursement methodology per service.
7. Issue an authorization to a Qualified
				Vendor who has been selected to provide the service for a specific
				consumer;
8. Establish a process
				for the consumer or the consumer's representative to select a provider from a
				list of Qualified Vendors or Individual Independent Providers; and
9. Maintain an open and continuous process of
				accepting applications to become a Qualified Vendor.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2103 - Qualified Vendor Application Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall post the following
				information on the Division web site:
1. All
				Requests for Qualified Vendor Applications;
2. A description of the Division's
				anticipated service needs;
3. The
				Qualified Vendor application form or forms, if any, including a description of
				the information and documents that must be submitted by an applicant to
				complete the application, and any assurances, representations or warranties
				that must be made by an applicant;
4. Instructions for completing the
				application as described in subsection (D);
5. The Qualified Vendor Agreement, including
				all terms and conditions, amendments, schedules and attachments; and
6. Any other information reasonably necessary
				to advise an applicant of application requirements, as deemed necessary by the
				Division to evaluate the applications.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2105 - Qualified Vendor Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall enter into Qualified
				Vendor Agreements with an applicant that:
1.
				Meets the requirements defined of
				R6-6-2104,
2. Accepts the published rate or agreed upon
				negotiated rate, and
3. Accepts the
				terms and conditions of the Qualified Vendor Agreement as defined by the
				Division in the Request for Qualified Vendor Applications and any amendments to
				the Request for Qualified Vendor Applications.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2106 - List Serv

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Division shall maintain a list serv as one means of providing information
				and notices to providers of service and interested parties.
B. The Division shall include on the Division
				list serv the contact information for all Qualified Vendors.
C. The Division list serve contact
				information for Qualified Vendors shall include:
1. Name of the Qualified Vendor,
2. Name of the contact person for each
				Qualified Vendor,
3. Telephone
				number, and
4. E-mail
				address.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2107 - Selecting a Provider - Individual Consumers

Current through Register Vol. 30, No. 28, July 12, 2024
A. A consumer or the consumer's
				representative shall select providers of service from the Qualified Vendor
				Directory and Individual Independent Provider list or by requesting that the
				Division post to its web site a Vendor Call for Services.
B. The Department shall provide a consumer or
				the consumer's representative with an opportunity to select a provider at any
				time that:
1. A consumer who is new to the
				service system is seeking a provider,
2. There is a change in provider requested in
				the ISP at the time of the annual ISP review,
3. The consumer's needs change and the
				current provider or providers are no longer able to meet the consumer's
				needs,
4. The consumer or the
				consumer's representative requests a change pursuant to
				R6-6-2109(C),
				or
5. The current provider is
				unable or unwilling to continue to meet the needs of the consumer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2108 - Emergency Procurement

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Division may obtain services on an emergency basis when it determines there
				is an immediate and serious need for services that cannot be met through the
				procurement process defined in this Article and the procurement is necessary
				for the preservation or protection of property or the health or safety of any
				person.
B. The Division shall limit
				an emergency procurement to those services necessary to meet the emergency
				need.
C. When the Division has
				determined that an emergency need exists, the Division shall:
1. Post to the Division web site an emergency
				Vendor Call for Services with an abbreviated time-frame for response from
				Qualified Vendors and send a notice through the list serv to Qualified
				Vendors;
2. If the Assistant
				Director determines that posting an emergency Vendor Call for Services is not
				in the best interest of the consumer, or that based upon the urgency of the
				need any competition would be impracticable, contact one or more Qualified
				Vendors to obtain a Vendor Call Response in order to identify a provider to
				meet the emergency need; or
3. If
				no Qualified Vendor is available, contact providers not on the Qualified Vendor
				list to request a Vendor Call Response in order to identify a provider to meet
				the emergency need.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2109 - Consumer Choice

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				support of a consumer-responsive service delivery system, the Division shall
				provide a consumer or the consumer's representative the opportunity to express
				and document their interest in utilizing services from a specific Qualified
				Vendor or Individual Independent Provider through the ISP process.
B. At the annual review of the ISP, the
				consumer or the consumer's representative may express a preference to utilize a
				different Qualified Vendor, without explanation. The Division shall accommodate
				the request to the extent appropriate and practical, as determined solely by
				the Division.
C. If the consumer or
				the consumer's representative expresses a preference to utilize a different
				Qualified Vendor between annual reviews of the ISP, the consumer or the
				consumer's representative must state in writing or must report to the support
				coordinator, for incorporation into ISP notes, the rationale for changing
				providers and a description of the opportunities given to the current Qualified
				Vendor to address the consumer's concerns. The consumer may change Individual
				Independent Providers at any time.
D. The Division shall accommodate the
				requested change if the consumer and the current Qualified Vendor are unable to
				resolve the consumer's concerns, the change is reasonable, and another
				Qualified Vendor or Individual Independent Provider, identified through the
				Vendor Call for Services process or the consumer's or the consumer's
				representative's choice, indicates that it is available to provide services for
				the consumer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2110 - Authorization to Provide Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division shall issue authorizations to
				the Qualified Vendors selected by the consumer, the consumer's representative
				or the Division to provide the needed services.
B. The Division shall pay a Qualified Vendor
				based on the rates established in the Qualified Vendor Agreement and the units
				of service documented on the invoices submitted for valid authorizations issued
				for individual consumers.
C. The
				Division shall modify authorizations based on changes in the needs of consumers
				as documented in the ISP by the ISP Team and as applicable, approved by the
				Division.
D. The Division shall not
				provide reimbursement for services that have not been authorized except in an
				emergency situation, as determined by the Division.
E. A Qualified Vendor may provide short-term
				emergency services and, if the services are approved by the Division, the
				Division shall pay for the short-term emergency services.
1. The Qualified Vendor shall notify the
				Division of the emergency situation within one working day of implementing the
				emergency services.
2. The Division
				shall approve payment for emergency services for up to five days. Upon verbal
				or written request from the Qualified Vendor, the District Program Manager may
				approve an additional emergency period for up to 15 days. The District Program
				Manager shall approve any extension of the emergency period in
				writing.
3. The Division shall
				review the consumer's needs through the ISP process and document as appropriate
				the revised authorization level.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2111 - Termination of the Qualified Vendor Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
The Division shall terminate a Qualified Vendor Agreement and
				  shall remove a provider from the Qualified Vendor List for any of the following
				  reasons:
1. Upon request of the
				vendor,
2. When the Qualified
				Vendor Agreement has expired,
3.
				When a vendor no longer meets the criteria defined in the Request for Qualified
				Vendor Applications,
4. For
				non-compliance with the Qualified Vendor Agreement requirements,
5. For failure to maintain a valid license,
				AHCCCS registration or Division certification, as appropriate,
6. As determined by the Division after the
				Qualified Vendor has been given notice and opportunity to be heard in
				accordance with
				R6-6-2115,
				or
7. For other reasons, such as
				lack of available funds.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2112 - Cancellation of Requests and Notices

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Assistant Director may cancel a
				Request for Qualified Vendor Applications or a Vendor Call for Services in
				whole or in part if the Assistant Director determines that the cancellation is
				in the state's best interest based on the following factors:
1. The availability of funding,
2. The inability to come to agreement with
				applicants,
3. A change in the need
				for services,
4. The potential for
				loss of federal funds,
5. A change
				in federal or state requirements that affect the service specified in the
				Request for Qualified Vendor Applications or Qualified Vendor Agreement,
				or
6. Collusion or anti-competitive
				practices on the part of an applicant or Qualified Vendor.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2115 - Legal and Contractual Remedies

Current through Register Vol. 30, No. 28, July 12, 2024
A. The remedies in this Section apply to
				protests of the posting of a Request for Qualified Vendor Applications, the
				denial of a Qualified Vendor Application in its entirety, or denial of one or
				more services included in the Qualified Vendor Application. An applicant or
				Qualified Vendor may protest by filing:
1. A
				written Request for Problem Solving with the Division Assistant Director,
				or
2. A Notice of Protest with the
				Department procurement officer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2116 - Resolution of Agreement Claims and Controversies

Current through Register Vol. 30, No. 28, July 12, 2024
A. Claims under Qualified Vendor Agreements
				shall be filed with the Department procurement officer within 12 months of the
				date the Department has denied payment.
B. The Department procurement officer shall
				have the authority to settle and resolve Qualified Vendor Agreement claims
				subject to subsection (C). Appeals from decisions of the Department procurement
				officer may be made to the Department Office of Appeals as authorized in A.R.S.
				§§
									41-1991,
				41-1992(A)
				through (C), excluding any references to
				review by the Appeals Board, and A.R.S. §
									41-1993(A).
C. The settlement or resolution of a claim in
				excess of $10,000 requires the prior written approval of the Department
				Director.
D. If a claim cannot be
				resolved by mutual agreement, the Department procurement officer shall, upon a
				written request by the Qualified Vendor for a final decision, issue a written
				decision no more than 60 days after the request is filed. Before issuing a
				final decision, the Department procurement officer shall review the facts
				pertinent to the claim and secure any necessary assistance from legal, fiscal,
				and other advisors.
E. The
				Department procurement officer shall furnish a copy of the decision to the
				Qualified Vendor, by certified mail, return receipt requested, or by any other
				method that provides evidence of receipt. The decision shall include:
1. A description of the claim;
2. A reference to the pertinent Qualified
				Vendor Agreement provision;
3. A
				statement of the factual areas of agreement or disagreement;
4. A statement of the Department procurement
				officer's decision, with supporting rationale; and
5. A Statement of the Qualified Vendor's
				Appeal Rights and required time-frame for appeal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2117 - Controversies Involving State Claims against a Qualified Vendor

Current through Register Vol. 30, No. 28, July 12, 2024
All claims asserted by the state against a Qualified Vendor
				  that are not resolved by mutual agreement shall promptly be referred by the
				  Department procurement officer to the Department's Office of Appeals for a
				  hearing without regard to the procedures set forth in these rules. The
				  Department procurement officer shall provide notice to the Qualified Vendor
				  that the claim has not been resolved by mutual agreement and is being referred
				  to the Department's Office of Appeals.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2118 - Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
Hearings on appeals of claims decisions shall be conducted as
				  contested cases pursuant to these rules and the Arizona Administrative
				  Procedure Act (Title 41, Chapter 6, Article 1, Arizona Revised
				  Statutes).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 21 - DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS › Section R6-6-2119 - Appeals to Superior Court

Current through Register Vol. 30, No. 28, July 12, 2024
Upon receipt of the decision from the Department's Office of
				  Appeals, the protester may seek relief through the Superior Court as provided
				  in A.R.S. §
									12-901 et
				  seq.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2201 - Right to Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Any party aggrieved by a decision of the Department rendered in an
				administrative review in
				R6-6-1801 et seq. has
				the right to appeal under these rules.
B. A DD/ALTCS member appealing an
				administrative review decision rendered in
				R6-6-1805
				shall file a request for hearing with the AHCCCS Administration through the
				Department:
1. The request shall be in
				writing and shall be filed within 15 days of the personal delivery or postmark
				date of the final decision.
2. The
				Department shall forward the request directly to the AHCCCS Grievance and
				Appeals Division.
3. The provisions
				of
				R6-6-2203
				through
				R6-6-2216
				do not apply to DD/ALTCS clients.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2202 - Filing an Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Any party appealing under these rules shall file a written request for hearing
				with the Department within 15 days after the mailing date of the Department's
				decision.
B. A document shall be
				considered received by and filed with the Department:
1. If transmitted via the United States
				Postal Service, on the date it is mailed. The mailing date shall be:
a. As shown by the postmark; or
b. As shown by the postage meter mark of the
				envelope in which it is received if there is no postmark; or
c. The date entered on the document as the
				date of its completion, if there is no postmark, or no postage meter mark, or
				if the mark is illegible.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2203 - Service on Parties

Current through Register Vol. 30, No. 28, July 12, 2024
Any document mailed by the Department shall be considered as
				  having been served on the addressee on the date it is mailed to the addressee's
				  last known address. The date mailed shall be presumed to be the date of the
				  document, unless otherwise indicated by the facts.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2204 - Time

Current through Register Vol. 30, No. 28, July 12, 2024
Any reference within this Article to "days" shall mean
				  calendar days unless otherwise specified. In computing any period of time, the
				  date of the act, event or default from which the designated period of time
				  begins to run shall not be included. The last day of the period so computed
				  shall be counted, unless it is a Saturday, a Sunday, or a legal
				  holiday.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2205 - Representation of Parties

Current through Register Vol. 30, No. 28, July 12, 2024
The appellant may appear for himself, or be represented by an
				  attorney, or be assisted by any other person he designates.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2206 - Continuation of Services

Current through Register Vol. 30, No. 28, July 12, 2024
Benefits may be reduced or terminated prior to a hearing
				  decision only as provided by federal statute, regulation, state statute or
				  rules. Notice of any change shall be given to the appellant as soon as
				  possible, including written notice ten days prior to the
				  change.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2207 - Scheduling and Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Hearings shall be held at those regularly
				established hearing locations most convenient to the parties or, at the
				discretion of the hearing officer, by telephone. The parties shall be given no
				less than 20 days notice of hearing, except that the parties may waive the
				notice period or request a delay.
B. The notice of hearing shall inform the
				appellant of the date, time, and place of the hearing, the name of the hearing
				officer, the issues involved, and the appellant's right to:
1. Present the appellant's case in person or
				by telephone;
2. Copy any documents
				in the appellant's case file and all documents and records to be used by the
				Department at the hearing at a reasonable time before the hearing;
3. Obtain assistance from the Division in
				preparing the appellant's case;
4.
				Make inquiry at the Division about availability of free legal resources which
				could provide representation at the hearing; and
5. Request a change of hearing
				officer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2208 - Change of Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
Not less than five days before the date set for the hearing,
				  any party may file a written request for change of hearing officer and the
				  matter shall immediately be transferred to another hearing officer. A hearing
				  officer may be challenged for cause at any time before a decision becomes
				  final. Except for good cause, not more than one change of hearing officer shall
				  be granted to any one party.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2209 - Failure of a Party to Appear

Current through Register Vol. 30, No. 28, July 12, 2024
A. If there is no appearance on behalf of a
				party at a scheduled hearing, the hearing officer may adjourn the hearing to a
				later date or may make his decision on the record and on such evidence as may
				be presented at the scheduled hearing,
B. If, within 15 days of the scheduled
				hearing, a party files a written request to reopen the proceedings and
				establishes good cause for failure to appear at the scheduled hearing, the
				hearing shall be rescheduled. Notice shall be given of the time, place, and the
				purpose of any continued, reopened, or rescheduled hearing to all parties. Good
				cause shall be established upon proof that both the failure to appear and
				failure to timely notify the hearing officer were beyond reasonable control of
				the nonappearing party.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2210 - Prehearing Summary

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				prehearing summary of the facts and grounds for the action shall be prepared by
				the Division and must reach the Department no less than five days before the
				hearing.
B. A copy of the summary
				shall be provided to the appellant at the same time that it is provided to the
				Department.
C. The summary shall be
				typewritten. The summary shall contain:
1.
				Appellant's name, Social Security number, and case name and number if
				different;
2. The responsible
				Division;
3. A brief summary of
				circumstances supporting the Department's action; and
4. Exact manual references used by the
				Division in its determination.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2211 - Subpoena of Witnesses and Documents

Current through Register Vol. 30, No. 28, July 12, 2024
The hearing officer may subpoena any witnesses or documents
				  requested by any party, or upon his own motion.
1. The request shall be in writing and shall
				state the name and address of the witness and the nature of his expected
				testimony. The nature of the witness' testimony must be relevant to the issues
				of the hearing; otherwise the hearing officer may deny the request.
2. A request for subpoena of documents shall
				describe the documents in detail and provide the name and address of the
				custodian of the documents.
3. The
				request for the issuance of a subpoena shall be filed a minimum of three
				working days before the hearing.
4.
				The Department shall prepare and serve all subpoenas. Service of the subpoena
				shall be accomplished by certified mail, return receipt requested.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2212 - Conduct of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Hearings shall be conducted in an orderly and dignified manner. All hearings
				shall be open to the public, but the hearing officer conducting a hearing may
				close the hearing to everyone other than the parties to the extent necessary to
				protect the interests and rights of the parties.
B. Hearings shall be opened, conducted and
				closed by the hearing officer who shall rule on the admissibility of evidence,
				and shall direct the order of proof. He shall have the power to administer
				oaths and affirmations, take depositions, certify official acts, and issue
				subpoenas to compel the attendance of witnesses and the production of any
				documents he deems necessary as evidence in connection with a
				hearing.
C. The hearing is a de
				novo proceeding. The Department has the initial burden of going forward with
				presentation of evidence.
D.
				Evidence not related to the issue shall not be allowed to become a part of the
				record.
E. The hearing officer may,
				on his own motion, or at the request of a party, exclude witnesses from the
				hearing room.
F. The case manager,
				supervisor, licensing worker, or other appropriate person may be designated
				Department spokesperson for the hearing. The Department spokesperson may
				testify and present written evidence on behalf of the Department.
G. The parties may present evidence,
				cross-examine witnesses and present arguments.
H. The parties to an appeal, with the consent
				of the hearing officer, may stipulate to facts involved in writing or on the
				record.
I. At the conclusion of a
				hearing, the parties shall be granted a reasonable opportunity to present
				argument on all issues of fact and law to be decided. The hearing officer shall
				afford the parties an opportunity to present oral argument or to file briefs,
				or both.
J. A full and complete
				record shall be kept of all proceedings in connection with an appeal. The
				record shall be open for inspection by the appellant or his representative at a
				place accessible to him. A transcript of the proceedings need not be made
				unless it is required for further proceedings.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2213 - Hearing Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The hearing decision shall be rendered exclusively on the evidence and
				testimony produced at the hearing, appropriate state and federal law, and
				Department rules governing the issue in dispute.
B. The decision shall set forth the pertinent
				facts involved, the conclusions drawn from such facts, the sections of
				applicable law or rule, the decision and the reasons therefore. A copy of the
				decision, together with an explanation of the appeal rights, shall be delivered
				or mailed to each party or designated representative not more than 60 days from
				the date of filing the request for hearing unless the delay was caused by the
				appellant, in which case the time limit for delivery is extended by the number
				of days attributable to the appellant.
C. In those cases where the Division must
				take additional action as a result of the decision, the action shall be taken
				immediately.
D. All decisions in
				favor of the appellant apply retroactively to the date of the action being
				appealed or to the date the hearing officer specifically finds
				appropriate.
E. The decision of the
				hearing officer shall become the final decision of the Department 15 days after
				it is issued unless a written petition for review to the Appeals Board or the
				AHCCCS Grievance and Appeals Division has been filed or the case has been
				removed to the Appeals Board for review.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2214 - Termination of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
An appeal may be terminated as follows:
1. By voluntary withdrawal if the appellant
				submits a signed letter or on the record at any time before the decision is
				issued.
2. By default when a party
				fails to appear at a scheduled hearing and fails to request a rescheduled
				hearing within 15 days. An appeal will not be considered abandoned if the
				appellant provides notification up to the time of the hearing that he is
				unable, due to good cause, to appear and that he still wishes a hearing, or
				that the matter be considered on the record.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2215 - Review by the Appeals Board

Current through Register Vol. 30, No. 28, July 12, 2024
A. An appellant who is a non-DD/ALTCS client
				or non-ALTCS service provider may request review of an adverse hearing decision
				within 15 days after the decision is mailed or otherwise delivered to him.
1. The request for review shall be in
				writing, signed and dated. It shall set forth the grounds for the request and
				may be filed personally or by mail through the Division's Office of Compliance
				and Review or the Office of Appeals to the Appeals Board.
2. If the request for review is filed in a
				timely manner, the Division shall make no change in the case action until the
				Appeals Board decision is issued.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 22 - APPEALS AND HEARINGS › Section R6-6-2216 - Review by AHCCCS of ALTCS-related Matters

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may request review of an adverse
				hearing decision within 15 days after the decision is mailed or otherwise
				delivered.
B. The request for
				review shall be in writing, signed, and dated. It should set forth the grounds
				for the request and may be filed personally or by mail through the Appellate
				Services Administration/Long-term Care to the AHCCCS Grievance and Appeals
				Division.
C. A copy of the AHCCCS
				decision, together with a statement specifying the rights for further review,
				shall be distributed to each party.