Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1032 Comm Sub / Analysis

Filed 02/28/2023

                    Assigned to HHS & APPROP 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR S.B. 1032 
 
developmental disabilities; spina bifida. 
Purpose 
Expands the definition of developmental disability to include a severe, chronic disability 
that is attributable to spina bifida for the purpose of receiving services through the Department of 
Economic Security (DES) Division of Developmental Disabilities (DDD). 
Background 
Spina bifida is a type of neural tube defect that affects anywhere along the spine and is 
usually present at birth. When the neural tube does not close all the way, the backbone that protects 
the spinal cord does not form and close properly, often resulting in damage to the spinal cord and 
nerves. Spina bifida can cause physical and intellectual disabilities that range from mild to severe 
depending on the size and location of the opening in the spine and whether part of the spinal cord 
and nerves are affected (CDC).     
A developmental disability is either a strongly demonstrated potential that a child who is 
under six years of age has or will develop a developmental disability, as determined by a prescribed 
test or by other appropriate tests, or a severe, chronic disability that: 1) is attributable to a cognitive 
disability, cerebral palsy, epilepsy, Down syndrome or autism; 2) is manifested before the age of 
18; 3) is likely to continue indefinitely; 4) reflects the need for a combination and sequence of 
individually planned or coordinated special, interdisciplinary or generic care, treatment or other 
services that are of lifelong or extended duration; and 5) results in substantial functional limitations 
in three or more areas of major life activity. Areas of major life activity include: 1) self-care;  
2) receptive and expressive language; 3) learning; 4) mobility; 5) self-direction; 6) capacity for 
independent living; and 7) economic self-sufficiency (A.R.S. § 36-551).  
The Director of DES is responsible for developing and annually revising a statewide plan 
and initiating statewide programs and services for persons with developmental disabilities. 
Services include child, adult, residential and resource services. An Arizona resident with a 
developmental disability, supported by medical and psychological documentation, is eligible to 
apply for developmental disabilities programs, services and facilities operated, licensed and 
supervised by DES (A.R.S. §§ 36-554 and 36-559). 
DDD is the division of DES that empowers individuals with developmental disabilities to 
lead self-directed, healthy and meaningful lives. DDD provides support and services for eligible 
Arizonans diagnosed with one of the following developmental disabilities: 1) autism; 2) cerebral 
palsy; 3) epilepsy; 4) cognitive or intellectual disability; and 5) Down syndrome. Children under 
the age of six who are at risk of having a developmental disability may also qualify for services. 
DDD serves more than 40,000 people with developmental disabilities and their families throughout 
Arizona each year (DDD).  FACT SHEET 
S.B. 1032 
Page 2 
 
 
If there is a cost associated with expanding DDD services to provide for individuals with 
spina bifida, there may be a fiscal impact to the state General Fund associated with this legislation. 
Provisions 
1. Expands the definition of developmental disability to include a severe, chronic disability that 
is attributable to spina bifida. 
2. Defines spina bifida as a type of neural tube defect that occurs when a person's neural tube 
fails to develop or close properly before birth and of which the severity depends on many 
factors, including the size of the spinal opening and the location on the spine. 
3. Makes conforming changes. 
4. Becomes effective on the general effective date. 
Prepared by Senate Research 
January 27, 2023 
MM/MC/slp