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REFERENCE TITLE: AHCCCS; opioid treatment programs; requirements |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1535 |
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Introduced by Senators Brophy McGee: Carter, Navarrete; Representative Meza
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AN ACT
Amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36‑2907.14; relating to the Arizona health care cost containment system.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.14, to read:
36-2907.14. AHCCCS; contractors; opioid treatment programs; reimbursement; report; definitions
A. Pursuant to section 36‑2907, the administration and its contractors may only reimburse opioid treatment program providers for enrolled members that manage an average daily census of not more than two hundred fifty patients per day for every five thousand square feet of facility space. The facility shall include adequate parking for patients and staff.
B. An opioid treatment program provider that receives reimbursement from the administration or its contractors shall submit an annual report on a schedule that is prescribed by the administration and that contains all of the following:
1. A detailed security plan that incorporates best practices from the substance abuse and mental health services administration and the United States drug enforcement administration. The plan shall include patient management strategies that are designed to reduce potential harm to patients and lower the risk of exposure to illicit transactions and other consequences of overcrowding and poor patient management.
2. A neighborhood engagement plan that outlines engagement with key stakeholders in the neighborhood in which the opioid treatment program is located, including homeowners' associations, school administrators, neighboring businesses, community organizations, the city or town council and local law enforcement. The plan shall include information about ensuring consideration of and response to reasonable safety, security and trash removal concerns and other matters of concern to the entities prescribed in this paragraph.
3. A comprehensive plan related to the care of all patients to demonstrate how the opioid treatment program ensures that appropriate standards of care are met for medication‑assisted treatment, including dosing, the provision of or referral to appropriate counseling and behavioral therapy services and peer support services, as required by the substance abuse and mental health services administration. This plan shall include whether the opioid treatment program provides the therapy services directly or refers patients for services through a separate provider. If the program refers patient for services through a separate provider, the report shall include strategies employed to ensure patients are able to access referred services in a timely manner.
4. The average daily patient census and square footage of the provider's location.
5. The number of patients served by each medication‑assisted treatment type offered by the provider.
6. The average length of treatment by each medication‑assisted treatment type offered by the provider.
C. The administration shall post the reports received pursuant to subsection B of this section on its public website. the administration shall notify each city or town in which an opioid treatment program is located of the posted report and allow the city or town thirty days to provide comments on the report. The administration shall consider the city's or town's comments on the report and approve or reject the annual report within thirty days after the close of the comment period. If the administration identifies areas of concern regarding compliance with state rules, federal regulations or administration policies, the administration must provide the opioid treatment program thirty days to revise the report. the administration shall also take any appropriate regulatory action based on the deficiencies identified. If the opioid treatment program does not submit the report within the required timelines, or the administration does not approve the report initially or after the requested revision, the administration shall suspend reimbursement by the administration or its contractors to the opioid treatment program until the report is approved.
D. If the administration establishes a process to evaluate whether an opioid treatment program should be designated a center of excellence or a similar designation that is intended to encourage contracting with or patient referrals to the opioid treatment program, the administration shall develop standards that apply to this designation and allow a public comment period of at least forty‑five days for these standards. In addition to any appropriate clinical standards, the standards shall include requirements for security, patient safety, patient management and neighborhood engagement.
E. On or before January 15 of each year, the administration shall submit a report to the governor, the president of the senate and the speaker of the house of representatives that summarizes the reports submitted pursuant to subsection B of this section and that includes the standards adopted pursuant to subsection D of this section. A copy of the report shall be provided to the secretary of state.
F. For the purposes of this section:
1. "Medication‑assisted treatment" has the same meaning prescribed in section 32‑3201.01.
2. "Opioid treatment program" means a licensed and accredited program that is authorized to dispense medications for the treatment of opioid use disorders through highly structured protocols defined in federal regulations and state rules.