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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
state hospital; governing board; governance
Purpose
Effective January 1, 2023, establishes the State Hospital Governing Board (Board) and transfers oversight, authorities and responsibilities relating to the Arizona State Hospital (ASH) from the Department of Health Services (DHS) to the Board.
Background
ASH is a 260-bed facility, operated and regulated by DHS, that provides long-term inpatient psychiatric care to individuals with mental illnesses, personality disorders or emotional conditions who are under a court order to receive treatment. Statute outlines various administrative requirements of DHS relating to ASH, including submittal of an annual report outlining ASH finances, collecting census data for adult civil commitment treatment programs and administering the ASH Fund.
The Civil Adult Rehabilitation Program at ASH includes treatment units that specialize in providing services to adults who are civilly committed as a danger to themselves or others, gravely disabled or persistently and acutely disabled. Patients admitted to ASH under the Civil Adult Rehabilitation Program must first have completed a minimum of 25 days of treatment in a community inpatient setting prior to admission. Forensic patients at ASH are court-ordered for either pre-trial or post-trial treatment as a result of involvement with the criminal justice system due to a mental health issue. The Forensic Adult Program includes individuals who have been committed through a court-order as part of a criminal process for patients who either: 1) are being housed in one unit providing pre-trial evaluation, treatment and restoration to competency to stand trial; or 2) have been adjudicated guilty except insane and are serving a sentence under the jurisdiction of the Psychiatric Security Review Board (A.R.S. Title 36, Chapter 2, Article 1).
There may be a fiscal impact to the state General Fund associated with this legislation.
Provisions
a) administer the laws of Arizona relating to ASH; and
b) appoint the ASH Chief Administrative Officer to the role of ASH Director.
2. Authorizes the Board to:
a) receive compensation for performing official duties; and
b) with cause, remove the ASH Director.
3. Transfers authorities, powers, duties and responsibilities relating to ASH from DHS to the Board.
4. Prohibits more than three members of the same political party from serving on the Board.
5. States that Board members serve five-year terms, expiring on the third Monday in January of the appropriate year.
6. Requires the ASH Director to:
a) annually notify the Board of ASH's funded capacity and allocation formula for the current fiscal year; and
b) have hospital administrative experience in the private sector.
7. Removes the role of the ASH Superintendent and assigns applicable duties and responsibilities to the ASH Director.
8. Sets the initial terms of the members of the Board as follows:
a) one term ending on January 1, 2025;
b) two terms ending on January 1, 2026; and
c) subsequent terms as prescribed by statute.
9. Includes the Chairperson of the ASH Independent Oversight Committee as a nonvoting member of the Board that is not counted for purposes of quorum.
10. Allows the Governor to remove a Board member, with cause, based on written findings specifying the reason for removal.
11. Requires a removed Board member to be provided written notice of removal as well as an opportunity to respond.
12. Specifies that this legislation does not alter the effect of any action or impair the valid obligations of DHS relating to ASH that existed before January 1, 2023.
13. States that DHS administrative rules and orders relating to ASH remain in effect until superseded by administrative action of the Board.
14. Specifies that all pending or completed matters of DHS relating to ASH, including contracts, orders and judicial actions, are transferred to the Board on January 1, 2023, and maintain the same status.
15. Specifies that all ASH-related certificates, licenses, registrations and permits issued by DHS, regardless of status, retain their validity for the duration of their respective terms.
16. Transfers all equipment, records, furnishings, data, investigative findings, obligations and appropriated monies that remain unused and unencumbered on January 1, 2023, to the Board.
17. Transfers all ASH-related DHS personnel to comparable positions and pay classifications in the administrative units of the Board.
18. Directs Legislative Council staff to prepare proposed conforming legislation in the Fifty-Sixth Legislature, First Regular Session.
19. Makes technical and conforming changes.
20. Becomes effective on January 1, 2023.
Amendments Adopted by Committee
1. Requires the ASH Director to have hospital administrative experience in the private sector.
2. Includes the Chairperson of the ASH Independent Oversight Committee as a nonvoting member of the Board that is not counted for purposes of quorum.
3. Allows the Governor to remove a Board member, with cause, based on written findings specifying the reason for removal.
4. Requires a removed Board member to be provided written notice of removal as well as an opportunity to respond.
Amendments Adopted by the Senate Sitting as in Committee of the Whole
· Makes a technical change.
Senate Action
HHS 2/17/22 W/D
APPROP 2/22/22 DPA 9-0-1
Prepared by Senate Research
March 2, 2022
MM/sr