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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
independent oversight committees; report; website
Purpose
Directs Independent Oversight Committees (IOCs) and the Arizona Department of Administration (ADOA) to post a copy of the annual report of its activities and recommendations for changes on its website. Outlines requirements for IOCs relating to rulemaking and record requests.
Background
Statute establishes IOCs under the ADOA for: 1) persons with developmental disabilities; 2) children, youth and families; and 3) the mentally ill (A.R.S. §§ 41-3801; 41-3802; and 41-3803). Each IOC must adopt guidelines that govern its operation, subject to the approval of the Director of the ADOA (Director). Employees of the Department of Economic Security (DES), the Department of Child Safety (DCS) and the Arizona Health Care Cost Containment System (AHCCCS) are authorized to serve on an IOC, under the condition that they serve only as nonvoting IOC members whose presence is not counted for the purpose of determining a quorum. Each IOC is required to meet at least quarterly and provide independent oversight to: 1) ensure that the rights of clients are protected; 2) review incidents of possible abuse, neglect or denial of a client’s rights; and 3) make recommendations to the 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.
IOCs submit, to the Director, written objections to specific problems or violations of clients’ rights by DCS, DES and AHCCCS employees or service providers. Additionally, IOCs are responsible for issuing an annual report to the Director and certain members of the Legislature that includes activities and recommendations for changes. In order to conduct their duties, IOC members have access to client information and specified department, service provider and Regional Behavioral Health Authority records, as appropriate. Records must be released to the IOC without personally-identifiable information, unless the information is necessary for official IOC purposes; however, each person who receives client information must maintain the information as confidential (A.R.S. § 41-3804).
An individual who has a serious mental illness (SMI) is 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. Individuals with SMI 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. Requires IOCs and the ADOA to post a copy of the annual report of its activities and recommendations for changes on its website.
2. Requires the IOC at the Arizona State Hospital (ASH) to have oversight of civil and forensic patients hospitalized at ASH.
3. Requires the Director to adopt rules relating to the authority and responsibility of IOCs that include:
a) the processes and procedures that each IOC and each department that is subject to oversight must follow in conducting oversight; and
b) rules relating to the form of and timely responses to requests for information from a department.
4. Requires IOCs to provide independent oversight to:
a) conduct research in the field of mental health; and
b) make recommendations to the director of any department or service provider subject to oversight.
5. Requires IOC members and consultants to have access to any incident reports or investigations conducted by or at the request of a department relating to any possible abuse, neglect or denial of a clients' rights in order to conduct its duties.
6. Provides that each IOC within its jurisdiction must, for an SMI client who needs special assistance, or may, for any other client:
a) make regular site visits to a residential environment; and
b) meet with the client, including a client who needs special assistance, in a residential environment to determine the client's satisfaction with the residential environment.
7. Requires the ADOA to prepare a written decision explaining the basis and reasoning for denying an IOC's request for information or records and deliver it to the IOC within eight business days after receiving the request for review.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
HHS 2/21/19 DPA 8-0-0-1
3rd Read 3/11/19 60-0-0
Prepared by Senate Research
March 26, 2019
CRS/AB/kja