A. Except as provided in subsection B of this section, a person with a developmental disability is eligible to apply for developmental disabilities programs, services and facilities operated by, licensed and supervised by or supported by the department if such person:
1. Is a bona fide resident of the state of Arizona.
2. Is a person with a developmental disability as defined in this chapter and provides medical and psychological documentation of such developmental disability utilizing tests which are culturally appropriate and valid, or is an infant and as a result of tests performed pursuant to section 36-694, or other appropriate tests, there is strongly demonstrated potential that the infant has a developmental disability or will have a developmental disability.
B. After the department conducts preadmission screening pursuant to section 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the person shall be referred to the Arizona health care cost containment system administration for an eligibility determination pursuant to section 36-2933, if either of the following applies:
1. The person is a new applicant who is not receiving services and applies for services pursuant to this chapter.
2. The person is eligible for services pursuant to this chapter and would receive services, other than case management, if state funding were available.
C. A person who is referred to the Arizona health care cost containment system administration shall first be determined eligible or ineligible for the Arizona long-term care system, pursuant to chapter 29, article 2 of this title, before receiving services pursuant to this chapter. Applicants who voluntarily refuse to cooperate in the eligibility process are not eligible for services pursuant to this chapter. An applicant's or current service recipient's refusal to establish or convert an estate or trust pursuant to section 36-2934.01 shall be deemed a voluntary refusal to cooperate. A form explaining loss of benefits due to a voluntary refusal to cooperate shall be signed by the applicant or current service recipient. Voluntary refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination.
D. The department shall determine eligibility. If the person is not eligible, the department of economic security shall refer the person to the department of health services for treatment as directed by the court to coordinate necessary and reasonable services. Services provided pursuant to this subsection are subject to the availability of funding.
Notes of Decisions
Jeanette M Sanders v. Francis Alger, 394 P.3d 1083 (Ariz. 2017).
· cites it 2× “Sanders worked for DES as an independent contractor rather than an employee. In 2011, Sanders, then sixty years old, was assisting seventy-four-year-old Alger in moving from his wheelchair to a car.”
Cooke v. Arizona Dep't of Econ. Sec., 302 P.3d 666 (Ariz. Ct. App. 2013).
· cites it 4× “§ 36-559(A)(l)-(2); A.A.C. R6-6-301(A). A developmental disability can be established by proof that a person has a “severe, chronic disability” attributable to a cognitive disability, cerebral palsy, epilepsy or autism that presents before the age of eighteen, that is likely to…”
Est. of Braden Ex Rel. Gabaldon v. State, 238 P.3d 1265 (Ariz. Ct. App. 2010).
· cites it 4× “FACTUAL AND PROCEDURAL BACKGROUND ¶ 2 Jacob Braden (Jacob) was a developmentally disabled adult who was eligible to receive services from the State pursuant to A.R.S. §§ 36-559 and -581.1 (2009). DDD is authorized to contract with private agencies to provide developmental…”
In Re Maricopa Cnty. Appeal, 489 P.2d 1238 (Ariz. Ct. App. 1971).
· cites it 4× “First, A.R.S. § 36-559 requires that the mentally retarded person must be a bona fide resident of the State of Arizona, free from any communicable disease, and mentally retarded to such an extent that he will benefit from the care, treatment and services available at the center.”
Johnson v. ades/des (Ariz. Ct. App. 2019).
· cites it 4× “” A.R.S. § 36-559(A). The statute defines a developmental disability as a “severe, chronic disability that”: (a) Is attributable to cognitive disability .”
Johnson v. Ahccs (Ariz. Ct. App. 2019).
· cites it 2× “See A.R.S. § 36-559(B) (“After [DES] conducts preadmission screening pursuant to § 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the person…”
A.C. v. ades/ddd (Ariz. Ct. App. 2020).
· cites it 2× “Children less than six years of age must have a qualifying diagnosis (which includes autism) or be at risk of being diagnosed with a developmental disability.”
Johnsen v. ades/des (Ariz. Ct. App. 2023).
· cites it 2× “A.R.S. § 36-559(A); see A.R.S. § 36-551(19).”
— Ariz. Rev. Stat. § 36-559(A) — 4 cases
Jeanette M Sanders v. Francis Alger, 394 P.3d 1083 (Ariz. 2017).
“Sanders worked for DES as an independent contractor rather than an employee. In 2011, Sanders, then sixty years old, was assisting seventy-four-year-old Alger in moving from his wheelchair to a car.”
Johnson v. ades/des (Ariz. Ct. App. 2019).
“” A.R.S. § 36-559(A). The statute defines a developmental disability as a “severe, chronic disability that”: (a) Is attributable to cognitive disability .”
A.C. v. ades/ddd (Ariz. Ct. App. 2020).
“Children less than six years of age must have a qualifying diagnosis (which includes autism) or be at risk of being diagnosed with a developmental disability.”
— Ariz. Rev. Stat. § 36-559(A)(2) — 1 case
Johnson v. ades/des (Ariz. Ct. App. 2019).
“” A.R.S. § 36-559(A). The statute defines a developmental disability as a “severe, chronic disability that”: (a) Is attributable to cognitive disability .”
— Ariz. Rev. Stat. § 36-559(A)(l) — 1 case
Cooke v. Arizona Dep't of Econ. Sec., 302 P.3d 666 (Ariz. Ct. App. 2013).
“§ 36-559(A)(l)-(2); A.A.C. R6-6-301(A). A developmental disability can be established by proof that a person has a “severe, chronic disability” attributable to a cognitive disability, cerebral palsy, epilepsy or autism that presents before the age of eighteen, that is likely to…”
— Ariz. Rev. Stat. § 36-559(B) — 1 case
Johnson v. Ahccs (Ariz. Ct. App. 2019).
“See A.R.S. § 36-559(B) (“After [DES] conducts preadmission screening pursuant to § 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the person…”
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