Section R9-28-712. County of Fiscal Responsibility

A.      General requirements.

1.        The Administration shall determine the county of fiscal responsibility under A.R.S. § 36-2913 for an applicant or member who is elderly or physically disabled.

2.        A program contractor shall cover services and provisions specified in 9 A.A.C. 22, Articles 2 and 7 and Article 11 of this Chapter.

B.       Criteria for determining county of fiscal responsibility for an applicant.

1.        If the applicant resides in the applicant’s own home, the county of fiscal responsibility is the county where the applicant currently resides.

2.        This applies only if subsection (B)(3) does not apply. If the applicant is residing in a NF or alternative HCBS set- ting, the county of fiscal responsibility is the county in which the applicant last resided in the applicant’s own home.

3.        If the applicant moves from another state directly into a NF or alternative HCBS setting in this state, the county of fiscal responsibility is the county in which the person cur- rently resides.

4.        If the applicant moves from the Arizona State Hospital (ASH) into a NF or alternative HCBS setting, or is an inmate of a public institution moving from the public institution into a NF or alternative HCBS setting, the county of fiscal responsibility is the county in which the applicant resided in the applicant’s own home prior to admission to ASH or the public institution.

C.      Criteria for determining if there is a change in county of fiscal responsibility for a member moving from one county to another county.

1.        No change in the county of fiscal responsibility. There is no change in the county of fiscal responsibility for a member if:

a.         The member moves from a NF to another NF in a different county,

b.        The member moves from a NF to an alternative HCBS setting in a different county,

c.         The member moves from an alternative HCBS set- ting to another alternative HCBS setting in a differ- ent county,

d.        The member moves from an alternative HCBS set- ting to a NF in a different county,

e.         The member moves from the member’s own home to an alternative HCBS setting in a different county,

f.         The member moves from the member’s own home to a NF in a different county,

g.        The member moves from a NF or alternative HCBS setting into ASH, or

h.        The member moves from ASH to a NF or alternative HCBS setting.

2.        Change in the county of fiscal responsibility. If a member moves from one county to another, the county of fiscal of responsibility changes to the new county if the member moves from:

a.         An alternative HCBS setting to the member’s own home in a different county,

b.        A NF to the member’s own home in a different county,

c.         The  member’s  own  home  to  the   member’s  own home in a different county, or

d.        ASH to the member’s own home.

3.        Transfers between program contractors. The county of fiscal responsibility changes if the Administration trans- fers a member from one program contractor to a different program contractor and if:

a.         Both program contractors agree, or

b.        The Administration determines that it is in the best interest of the member.

Historical Note

Adopted effective November 4, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 3340, effective July 15, 2002 (Supp. 02-3).