State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1336: housing fund; seriously mentally ill

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: Health and Human Services

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal NotePermits monies in the Seriously Mentally Ill Housing Trust Fund (Fund) to be used for rental assistance for a person with a serious mental illness.

History

Seriously Mentally Ill (SMI) is defined as a person who, as a result of a mental disorder, exhibits emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. For these people, mental disability is severe and persistent, resulting in a long-term limitation of their functional capacities for primary activities of daily living such as interpersonal relationships, homemaking, self-care, employment and recreation (A.R.S. § 36-550).

Laws 2011, Chapter 28 (SB1616) established the Fund which consists of proceeds received from the sale of unclaimed property and interest income. Fund monies must be spent solely for a person with SMI for the purpose of housing projects. A.R.S. § 44-313 provides that the first $2 million in unclaimed property revenues are distributed to the Fund.

A.R.S. 41-3955.01 requires the Arizona Health Care Cost Containment System (AHCCCS) to submit a report on the status of the Fund, including a summary of facilities, costs and the number of individuals benefiting from operation. AHCCCS' report for FY 2018 showed 62 individuals benefiting from the Fund as well as the breakdown of the Fund's expenditures.

Provisions

1.       Allows the director of DHS to classify secure behavioral health residential facilities (BHRF) in addition to other health care institutions. (Sec. 1)

2.       Expands the usage of the Fund to include rental assistance for seriously mentally ill persons. (Sec. 2)

3.       Permits monies from the Fund to be used for persons with SMI in:

a.       A community living home where the person with SMI has a lease and in-home support and supervision available up to 24 hour a day as indicated by their individual treatment plan; and

b.       A licensed BHRF that provides in-house wraparound services and secure 24-hour on-site support, treatment and supervision for persons who have SMI of sufficient severity as to require assistance to live in the community and who are subject to a plan of care that is court-ordered as outlined. (Sec. 2)

4.       Requires the annual report on the status of the Fund to include the number of individuals who benefited from rental assistance. (Sec. 2)

5.       Directs AHCCCS to issue a request for proposal for a third-party entity to conduct a program study that measures the outcomes of SMI residents in each housing setting for a one-year period and includes an analysis of the costs and effectiveness of the services provided. (Sec. 3)

6.       Requires the director of DHS to adopt rules by January 1, 2020 that allow a BHRF to be a secure facility if it is the least restrictive environment that meets the resident's treatment needs and the resident is an incapacitated person ordered by a court or diversion agreement to a secure BHRF. (Sec. 4)

7.       Exempts DHS from prescribed rulemaking requirements for one year and requires DHS to provide an opportunity for public comment on the proposed rules. (Sec. 4)

8.       Contains an emergency clause.  (Sec. 5)

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12.   Fifty-fourth Legislature                       SB 1336

13.   First Regular Session                            Version 1: Health and Human Services

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