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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
housing fund; seriously mentally ill
Purpose
An emergency measure that allows monies from the Seriously Mentally Ill Housing Trust Fund (Fund) to be spent on rental assistance for individuals with a serious mental illness (SMI).
Background
Currently, the Arizona Health Care Cost Containment System (AHCCCS) administers the Fund, consisting of monies received from the sale of unclaimed property and investment earnings, that provides housing projects for SMI individuals. Statute requires AHCCCS to annually report to the Legislature on the status of the Fund, including: 1) a summary of facilities that received funding during the previous fiscal year; 2) the cost and geographic location of each facility receiving funding; and 3) the number of individuals benefiting from the operation, construction or renovation of each facility receiving funding (A.R.S. § 41-3955.01).
Statute defines SMI as an individual who, as a result of a mental disorder, exhibits emotional or behavioral functioning which is so impaired that it substantially interferes with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. SMI individuals experience severe and persistent mental disability that results in a long-term limitation of their functional capacities for daily living activities (A.R.S. § 36-550).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows Fund monies to be spent on rental assistance for individuals with SMI.
2. Requires AHCCCS to include in its report to the Legislature the number of individuals who benefited from rental assistance.
3. Allows Fund monies to be spent for persons with SMI in:
a) a community living home that is for persons who hold their own lease, that has embedded in-home support that meets the individualized needs of the person and up to 24 hours of support and supervision as indicated by the person's individual treatment plan; and
b) a licensed behavioral health residential facility (BHRF) that provides in-house wraparound services and secure 24-hour on-site support, treatment and supervision for persons with SMI who require assistance to live in the community and who are subject to a plan of care that is:
i. ordered by a mental health court or mental health division of a probate court;
ii. ordered by a criminal court as part of a plea agreement or judgment and conviction;
iii. ordered by a court as part of guardianship proceedings; or
iv. is part of a diversion agreement entered into with a law enforcement agency.
4. Directs AHCCCS to issue a request for proposals for a third-party to conduct a program study that:
a) measures
the outcomes of SMI residents in the aforementioned housing settings in a
one-year period;
b) includes an analysis of the costs and efficacy of the provided services in the housing settings; and
c) considers the encounters of SMI residents related to inpatient care, emergency department visits, hospitalization, civil commitment proceedings, incarceration, homelessness, employment, community engagement and encounters with police and fire personnel.
5. Permits the Director of the Department of Health Services (DHS) to classify secure BHRFs.
6. Directs DHS, by January 1, 2020, to adopt rules to allow a BHRF to be a secure BHRF if it is the least restrictive environment that satisfies the resident's treatment needs, the resident is an incapacitated person and the resident is ordered by a court or diversion agreement to a secure BHRF.
7. Allows the Director of DHS to use the assisted living facility rules as guidelines in determining standards for secure BHRFs.
8. Exempts DHS from prescribed rulemaking requirements for one year and requires DHS to provide an opportunity for public comment on the proposed rules.
9. Makes technical and conforming changes.
10. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
· Allows the Fund to be used for housing in contained and non-contained community settings for individuals with SMI.
Amendments Adopted by Committee of the Whole
1. Committee amendment was withdrawn.
2. Allows grant monies to be used for SMI persons in specified community living homes and licensed BHRFs.
3. Directs AHCCCS to issue a request for proposals for a third-party to conduct a program study.
4. Permits the Director of DHS to classify secure BHRFs.
5. Directs DHS, by January 1, 2020, to adopt rules that allow a BHRF to be a secure BHRF if it meets certain requirements.
6. Exempts DHS from prescribed rulemaking requirements for one year and requires DHS to provide an opportunity for public comment on the proposed rules.
7. Adds an emergency clause.
Senate Action
HHS 2/13/19 DPA 8-0-0
Prepared by Senate Research
March 15, 2019
CRS/AB/kja