Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
independent oversight committees
Purpose
Transfers Human Rights Committees (HRCs) within the Department of Economic Security (DES), the Department of Child Safety (DCS) and the Arizona Health Care Cost Containment System (AHCCCS) to the Department of Administration (ADOA).
Background
HRCs are established in statute for the oversight of the behavioral health system, services provided by the Division of Developmental Disabilities (DDD) within DES, services provided by DCS and mental health services provided by AHCCCS. Statute requires HRCs to promote the rights of clients receiving such services. Each HRC must consist of a minimum of 7 and a maximum of 15 members with expertise in specified areas, including the following: 1) psychology; 2) law; 3) medicine; 4) education; 5) special education; and 6) social work. HRCs must also include at least two parents of children who receive behavioral health, DDD or DCS services, if appropriate. HRCs on the mentally ill must also include one current or former client of the behavioral health system. Statute allows current or former providers or employees of providers that have contracted with a Regional Behavioral Health Authority (RBHA) to serve on an HRC.
The Department of Health Services (DHS) is required to ensure that each RBHA and its providers develop and implement a human rights training plan to ensure that providers are trained regarding clients' human rights and the duties of HRCs. The HRC members are appointed by the director of the appropriate department. Each region of the state covered by a RBHA must have at least one HRC on the mentally ill with authority and responsibilities as prescribed by DHS. The appropriate directors may establish additional HRCs to serve persons who receive services, for each district office or to oversee the activities of any service provider (A.R.S. §§ 41-3801, 41-3802 and 41-3803).
Each HRC must adopt guidelines that govern its operation, subject to the approval of appropriate department director. Employees of DES, DCS and AHCCCS may serve on an HRC only as nonvoting members whose presence is not counted for the purpose of determining a quorum. Each HRC must meet at least quarterly to provide independent oversight to ensure that the rights of clients are protected; review incidents of possible abuse, neglect or denial of a client’s rights; and make recommendations to the appropriate department director and the Legislature regarding laws, rules policies, procedures and practices to ensure the protection of the rights of clients receiving behavioral health and developmental disability services. HRCs submit, to the appropriate department director, written objections to specific problems or violations of clients’ rights by department employees or service providers. Additionally, HRCs must issue an annual report of activities and recommendations for changes to the appropriate director and certain members of the Legislature. To conduct its duties, HRC members have access to client information and department, provider or RBHA records, as appropriate. The records must be released to the HRC without personally identifiable information, unless necessary for official HRC purposes; however, each person who receives client information must maintain it as confidential (A.R.S. § 41-3804).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Renames HRCs as Independent Oversight Committees (IOCs).
2. Transfers the IOCs to ADOA.
3. Requires, if a vacancy occurs on an IOC, that the remaining members of that IOC receive applications and nominate at least two candidates for each vacant position.
4. Directs the Director of ADOA to fill vacant positions by appointing a person from the list of names submitted by the IOC.
5. Specifies that current or former providers, or employers of providers who have contracted with a RHBA, cannot hold more than two positions on the IOC on the mentally ill.
6. Directs the Developmental Disabilities Advisory Council to additionally provide a copy of their annual activities report to the Secretary of State.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2018
CRS/lat