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REFERENCE TITLE: mental health; voluntary evaluations; payment |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2041 |
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Introduced by Representative Bliss
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An Act
amending sections 36-522 and 36-545.05, Arizona Revised Statutes; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-522, Arizona Revised Statutes, is amended to read:
36-522. Voluntary evaluations; consent; failure to complete
A. On receipt of an application for court-ordered evaluation, if the petition for court-ordered evaluation is not filed because it has been determined that the proposed patient will voluntarily receive an evaluation and is unlikely to present a danger to self or others until the voluntary evaluation, the evaluation agency provided for by the county, or a licensed behavioral health provider selected by the proposed patient, shall be immediately notified by the evaluation agency and shall provide an evaluation of the proposed patient at a scheduled time and place within five ten days of after the notice. The voluntary evaluation may be on an inpatient or outpatient basis and on completion shall be immediately delivered to the evaluation agency provided for by the county. The evaluation agency provided for by the county shall confirm receipt of the evaluation and make a determination within seventy-two hours after confirming receipt whether a petition for court-ordered treatment will be filed.
B. Voluntary inpatient evaluation is subject to article 3 of this chapter.
C. Voluntary outpatient evaluation shall conform to the requirements of section 36-530, subsection D and section 36-531, subsections B, C and D and shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to the proposed patient that the patient-physician privilege does not apply and that the evaluation may result in a petition for the person to undergo court-ordered treatment or for guardianship. Voluntary evaluation may be carried out only if chosen by the patient during the course of a prepetition screening after an application for evaluation has been made.
D. If the person who requested a voluntary evaluation does not appear or does not complete the appointments scheduled, the evaluation agency provided for by the county shall be immediately notified by the provider who was to conduct the evaluation. The evaluation agency shall then provide prepetition screening of the application for court-ordered evaluation in accordance with sections 36-521 and 36-521.01.
Sec. 2. Section 36-545.05, Arizona Revised Statutes, is amended to read:
36-545.05. Treatment by agencies under administration contract; charges; voluntary evaluations; prepetition screenings; court-ordered evaluations; prohibitions
A. When a person is given a prepetition screening, or a court-ordered evaluation by a screening agency or evaluation agency pursuant to article 4 of this chapter, the person shall not be charged.
B. When a person is given a voluntary evaluation pursuant to section 36-522, the person is responsible for paying the costs of the evaluation to the extent that the evaluation is not covered by a third-party payor.
B. C. When a patient is given voluntary treatment pursuant to article 3 of this chapter or court-ordered treatment pursuant to article 5 of this chapter, the patient or proposed patient shall pay all or such portion of the established charges as the patient can afford. If the patient is indigent, no charges shall be made against the patient.