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REFERENCE TITLE: state mental health plan |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2667 |
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Introduced by Representative Ableser
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AN ACT
providing for the delayed repeal of title 36, CHAPTER 34, Arizona Revised Statutes; Amending title 36, Arizona Revised Statutes, by adding chapter 38; relating to the division of behavioral health in the Arizona health care cost containment system administration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Delayed repeal
Title 36, chapter 34, Arizona Revised Statutes, is repealed from and after December 31, 2012.
Sec. 2. Title 36, Arizona Revised Statutes, is amended by adding chapter 38, to read:
CHAPTER 38
MENTAL HEALTH SERVICES
ARTICLE 1. GENERAL PROVISIONS
36-3801. Mental health services; Arizona health care cost containment system; duties
A. Notwithstanding any law to the contrary, beginning January 1, 2013, the division of behavioral health is established in the Arizona health care cost containment system administration.
B. The direction, operation and control of the division are the responsibility of the director of the administration.
C. The administration shall administer unified mental health programs and implement the state mental health plan adopted by a committee established for that purpose.
D. The administration shall contract directly with providers and shall not provide behavioral health services through contracts with any regional behavioral health authority or provider network organization.
E. The administration shall adopt policies and rules that allow any qualified and licensed provider to directly provide services to persons who are seriously mentally ill.
F. The administration shall contract directly with service providers for behavioral health services.
G. The director of the administration shall:
1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties of the division, subject to legislative appropriation.
2. Contract for the services of consultants and other persons who are reasonably necessary to enable the division to carry out its functions and duties, subject to legislative appropriation.
3. Contract and incur obligations that are reasonably necessary within the general scope of the division.
4. Adopt rules that are necessary to carry out the requirements of the division.
5. Contract or enter into intergovernmental agreements with other public and private nonprofit agencies and entities.
6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the division.
7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of the division.
8. Lease at fair market value real property currently occupied by the southern Arizona mental health center for the purposes of operating a private nonprofit behavioral health care facility. Monies collected from the lease of the real property shall be deposited into the building renewal fund established pursuant to section 36‑545.09.
H. The director of the administration shall administer:
1. Unified mental health programs, including the functions of the state hospital and community mental health.
2. Addictive behavior programs to include alcohol and drug abuse.
I. Notwithstanding any other law, the director of the administration may waive or reduce the requirements for local match.
J. The director of the administration shall appoint the superintendent of the Arizona state hospital who shall report directly to the director.
36-3802. Services for the seriously mentally ill; contract
Consistent with the requirements of the state mental health plan, the division shall contract for the provision of services relating to the seriously mentally ill.
36-3803. Eligibility for behavioral health services; screening
Consistent with the requirements of the state mental health plan, a person who requests behavioral health services pursuant to this article or the person's parent or legal guardian shall comply with a preliminary financial screening and eligibility process developed by the Arizona health care cost containment system administration and administered at the initial intake level.
36-3804. Fee requirements; fee schedule
A. Consistent with the requirements of the state mental health plan, clients who are eligible for nontitle XIX services pursuant to this article shall pay fees for services.
B. The administration shall establish a schedule for fees charged for services provided by public or private agencies receiving state monies pursuant to this article that includes a sliding fee schedule based on the ability of the client to pay for part or all of the costs for services.
36-3805. Medically needy account monies
Consistent with the requirements of the state mental health plan, the Arizona health care cost containment system administration shall establish contracts to fund services to indigent, uninsured or underinsured children, adults and seriously mentally ill persons who do not meet the eligibility requirements of section 36‑2901, paragraph 6, subdivision (a).
Sec. 3. State mental health plan advisory committee; membership; duties; delayed repeal
A. The state mental health plan advisory committee is established consisting of:
1. The director of the Arizona health care cost containment system administration, or the director's designee.
2. The assistant director of the division of behavioral health in the department of health services, or the assistant director's designee.
3. The current members of the joint legislative audit committee.
4. The following members who are appointed by the director of the Arizona health care cost containment system administration:
(a) Four representatives from agencies that provide behavioral health services.
(b) Four public members who receive behavioral health services.
(c) A physician who is licensed pursuant to title 32, chapter 13 or 17, Arizona Revised Statutes, and who provides behavioral health services.
(d) A psychologist who is licensed pursuant to title 32, chapter 19.1, Arizona Revised Statutes.
(e) A representative from a nonprofit facility that provides services to the seriously mentally ill.
(f) A representative from a behavioral health care consumer organization.
(g) A representative from a health insurer.
(h) A representative from an organization that represents hospitals in this state.
B. The director of the Arizona health care cost containment system administration may appoint additional members, as necessary, to address relevant issues.
C. The advisory committee shall:
1. At its first meeting, elect a person from among its membership to serve as committee chairperson.
2. Review federal and state laws relating to the delivery of behavioral health services.
3. Develop a state mental health plan to provide a continuum of care from the provider to the client at every level of need that is direct, cost‑effective and efficient and that does not use regional behavioral health authorities or provider networks.
4. Recommend steps to reduce the current Arizona health care cost containment system behavioral health reimbursement rate by ten per cent.
5. Recommend rule changes to allow persons who are enrolled in the Arizona health care cost containment system to receive behavioral health services from any provider of behavioral health services who is approved by the administration.
6. On or before August 1, 2012, submit a written report of its findings and recommendations to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the healthcare and medical liability reform committee of the senate and health and human services committee the house of representatives, or their successor committees. The committee shall provide a copy of its report to the secretary of state.
D. Committee members are not eligible for compensation or reimbursement of expenses.
E. This section is repealed from and after September 30, 2012.
Sec. 4. Succession
A. As provided by this act, the Arizona health care cost containment administration succeeds to the authority, powers, duties and responsibilities of the division of behavioral health in the department of health services on January 1, 2013.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the division of behavioral health in the department of health services in existence before January 1, 2013.
C. Administrative rules and orders that were adopted by the division of behavioral health in the department of health services continue in effect until superseded by administrative action by the Arizona health care cost containment system administration.
D. All administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the division of behavioral health in the department of health services on January 1, 2013 are transferred to and retain the same status with the Arizona health care cost containment system administration.
E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the division of behavioral health in the department of health services retain their validity for the duration of their terms of validity as provided by law.
F. All equipment, records, furnishings and other property, all data and investigative findings and all appropriated monies that remain unexpended and unencumbered on January 1, 2013 of the division of behavioral health in the department of health services are transferred to the Arizona health care cost containment system administration.
G. All personnel who are under the state personnel system and employed by the division of behavioral health in the department of health services are transferred to comparable positions and pay classifications in the respective administrative units of the Arizona health care cost containment system administration on January 1, 2013.
Sec. 5. Transfer of powers
A. All matters, including contracts, orders and judicial or quasi‑judicial actions, whether completed or pending, of the division of behavioral health in the department of health services are transferred, on January 1, 2013, and maintain the same status with the Arizona health care cost containment system administration.
B. Rules adopted by the division of behavioral health in the department of health services are effective until superseded by rules adopted by the Arizona health care cost containment system administration.
C. All personnel, property and records, all data and investigative findings and all appropriated monies remaining unspent and unencumbered of the division of behavioral health in the department of health services are transferred to the Arizona health care cost containment system administration and may be used for the purposes of this act.
Sec. 6. Existing behavioral health service provider contracts
The Arizona health care cost containment system administration shall adjust contracts entered into by the division of behavioral health in the department of health services with service providers before January 1, 2013 to ensure that all contracts end on the same date.
Sec. 7. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statues to the provisions of this act for consideration in the fiftieth legislature, second regular session.