Page 1,
before line 1, insert:
"Page
1, between lines 1 and 2, insert:
"Section 1. Section 36-405, Arizona Revised Statutes,
is amended to read:
START_STATUTE36-405. Powers
and duties of the director
A. The
director shall adopt rules to establish minimum standards and requirements for
the construction, modification and licensure of health care institutions
necessary to ensure the public health, safety and welfare. The standards and
requirements shall relate to the construction, equipment, sanitation, staffing
for medical, nursing and personal care services, and recordkeeping pertaining
to the administration of medical, nursing, behavioral health and personal care
services, in accordance with generally accepted practices of health care. The
director shall use the current standards adopted by the joint commission on
accreditation of hospitals and the commission on accreditation of the American
osteopathic association or those adopted by any recognized accreditation
organization approved by the department as guidelines in prescribing minimum
standards and requirements under this section.
B. The
director, by rule, may:
1. Classify
and subclassify health care institutions according to character, size, range of
services provided, medical or dental specialty offered, duration of care and
standard of patient care required for the purposes of
licensure. Classes of health care institutions may include
hospitals, infirmaries, outpatient treatment centers, health screening services
centers and residential care facilities, including secure
behavioral health residential facilities. Whenever the
director reasonably deems distinctions in rules and standards to be appropriate
among different classes or subclasses of health care institutions, the director
may make such distinctions.
2. Prescribe
standards for determining a health care institution's substantial compliance
with licensure requirements.
3. Prescribe
the criteria for the licensure inspection process.
4. Prescribe
standards for the selection of health care-related demonstration projects.
5. Establish
nonrefundable application and licensing fees for health care institutions,
including a grace period and a fee for the late payment of licensing fees, and
fees for architectural plans and specifications reviews.
6. Establish
a process for the department to notify a licensee of the licensee's licensing
fee due date.
7. Establish
a process for a licensee to request a different licensing fee due date,
including any limits on the number of requests by the licensee.
C. The
director, by rule, shall adopt licensing provisions that facilitate the
colocation and integration of outpatient treatment centers that provide
medical, nursing and health‑related services with behavioral health
services consistent with article 3.1 of this chapter.
D. Ninety
percent of the fees collected pursuant to this section shall be deposited,
pursuant to sections 35‑146 and 35‑147, in the health services
licensing fund established by section 36‑414 and ten percent of the fees
collected pursuant to this section shall be deposited, pursuant to sections 35‑146
and 35‑147, in the state general fund.
E. Subsection
B, paragraph 5 of this section does not apply to a health care institution
operated by a state agency pursuant to state or federal law or to adult foster
care residential settings." END_STATUTE
Renumber to
conform
Page 1, line
1, after the second quotation mark insert "; strike "real
estate"; after "sales" insert
"of real property located in this state""
Between
lines 1 and 2, insert:
"Line
11, strike "43‑404.01" insert "42‑1116, subsection B, paragraph 6, subdivision (c)""
Strike lines
4 through 10, insert:
"Page
2, between lines 12 and 13, insert:
"Sec. 3. Section
41-3955.01, Arizona Revised Statutes, is amended to read:
START_STATUTE41-3955.01. Seriously
mentally ill housing trust fund; purpose; report
A. The
seriously mentally ill housing trust fund is established. The
director of the Arizona health care cost containment system administration
shall administer the fund. The fund consists of:
1. Monies received pursuant to
section 44‑313. and
2. Tax
collections from nonresident sales of real property located in this state
deposited pursuant to section 42‑1116, Subsection B, paragraph 6, subdivision
(b).
3. Investment earnings.
B. On
notice from the director of the Arizona health care cost containment system
administration, the state treasurer shall invest and divest monies in the fund
as provided by section 35‑313, and monies earned from investment shall be
credited to the fund.
C. Except as provided in subsection D of this section, fund monies
shall be spent on approval of the Arizona health care cost containment system
administration solely for housing projects for seriously mentally ill persons.
D. fund
monies deposited pursuant to subsection A, paragraph 2 of this section may be
spent for seriously mentally ill persons in the following settings:
1. A
community living home that is for persons who hold their own leases and that
has embedded in-home support to meet the individualized needs of the person and
up to twenty-four hours of support and supervision as indicated by the person's
individual treatment plan.
2. A
behavioral health residential facility that:
(a) Is
licensed by the department of health services.
(b) Provides
in‑house wraparound services and secure twenty-four-hour on-site support,
treatment and supervision by staff with behavioral health training for persons
who have serious mental illness of sufficient severity as to require assistance
to live in the community and who are subject to a plan of care that is ordered
by a mental health court, a mental health division of the probate court, a
criminal court as part of a plea agreement or judgment and conviction or a court
as part of guardianship proceedings or that is part of a diversion agreement
entered into with a law enforcement agency.
D. E. The director of the
Arizona health care cost containment system administration shall report
annually to the legislature on the status of the seriously mentally ill housing
trust fund. The report shall include a summary of facilities for which funding
was provided during the preceding fiscal year and shall show the cost and
geographic location of each facility and the number of individuals benefiting
from the operation, construction or renovation of the facility. The report
shall be submitted to the president of the senate and the speaker of the house
of representatives no, and a copy provided
to the secretary of state, not later than September 1 of each year.
E. F. Monies in the
seriously mentally ill housing trust fund are exempt from the provisions of
section 35‑190 relating to lapsing of appropriations.
F. G. An amount not to
exceed ten percent of
the seriously mentally ill housing trust fund monies may be appropriated
annually by the legislature to the Arizona health care cost containment system
for administrative costs in providing services relating to the seriously
mentally ill housing trust fund.
G. H. For any construction
project financed by the Arizona health care cost containment system
administration pursuant to this section, the administration shall notify a
city, town, county or tribal government that a project is planned for its
jurisdiction and, before proceeding, shall seek comment from the governing body
of the city, town, county or tribal government or an official authorized by the
governing body of the city, town, county or tribal government. The
Arizona health care cost containment system administration shall not interfere
with or attempt to override the local jurisdiction's planning, zoning or land
use regulations." END_STATUTE
Renumber to
conform
Page 2, line
37, after "collected" strike remainder of line
Strike lines
38 and 39, insert "from nonresident sales of real property
located in this state as follows:
(a) $5,000,000
to the state general fund. the legislature may annually appropriate an amount
not to exceed one percent of the monies collected from nonresident sales of
real property in this state to the department for administrative costs in
providing services relating to nonresident real estate sales.
(b) After
the distribution made pursuant to subdivision (a) of this
paragraph, $2,000,000 to the seriously mentally ill housing trust fund
established by section 41‑3955.01.
(c) After
the distributions made pursuant to subdivisions (a) and (b) of this paragraph, any remaining monies to the housing trust fund
established by section 41‑3955."
Page 3,
strike lines 3 through 45
Strike page
4
Page 5,
strike lines 1 through 5, insert:
"Sec. 5. Title
43, chapter 3, article 1, Arizona Revised Statutes, is amended by adding
section 43-312, to read:
START_STATUTE43-312. Information
return of sales; nonresident real estate transactions
A. A
person licensed under section 6‑813 to conduct escrow business for the
purchase and sale of real property located in this state shall file an
information return of sales of real property located in this state that are
reported pursuant to federal reporting requirements under section 6045(e) of the internal
revenue code.
B. The
information return required by this section shall be filed on or before the
thirty‑first day of March with respect to sales of real property located
in this state that is closed on or before December 31 of the preceding calendar
year.
C. The
information return shall be filed using the same form and format of the return
filed with the internal revenue service under section 6045(e) of the internal
revenue code.END_STATUTE
Sec. 6. Seriously mentally ill residential setting; program study
The Arizona
health care cost containment system administration shall issue a request for
proposals for a third‑party entity to conduct a program study that
measures the outcomes of seriously mentally ill residents in each setting
described by section 41-3955.01, subsection D, Arizona Revised Statutes, as
amended by this act, for a twelve-month period. The program study shall
include an analysis of costs and effectiveness of the services provided in each
setting that takes into consideration the encounters of the seriously mentally
ill residents related to inpatient care, emergency department visits,
hospitalization, civil commitment proceedings, incarceration, homelessness,
employment, community engagement, encounters with police and fire personnel,
including petitioning and contact with crisis centers, citation in lieu of
detention, jail bookings and other contact with first responders.
Sec. 7. Department of health services; rules; exemption from rulemaking
A. On
or before January 1, 2020, the director of the department of health services
shall adopt rules to allow a behavioral health residential facility to be a
secure facility if the behavioral health residential facility is the least
restrictive environment that meets the resident's treatment needs and the
resident is an incapacitated person as defined in section 14-5101, Arizona
Revised Statutes, and is either ordered by the court or part of a
post-conviction or pretrial diversion agreement to a secure behavioral health
residential facility. The director may use the assisted living facility rules
as guidelines in determining standards for a secure residential facility.
B. The
department of health services is exempt from the rulemaking requirements of
title 41, chapter 6, Arizona Revised Statutes, for one year after the effective
date of this act. The department shall provide the public an opportunity to
comment on the proposed rules."
Renumber to
conform"
Page 1, line
11, strike "tax" insert "taxable"
Amend title to conform
Bill
Number: S.B. 1471