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BILL # SB 1257 |
TITLE: impaired persons; court-ordered stabilization |
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SPONSOR: Leach |
STATUS: Senate Engrossed |
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PREPARED BY: Maggie Rocker |
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The bill would establish a court-ordered stabilization process for impaired persons and prohibit the impaired persons from being billed for services related to the court-ordered treatment.
Estimated Impact
We estimate the bill would increase AHCCCS costs to the extent that court-ordered stabilization services would result in higher use of services compared with current law. We cannot determine in advance, however, how often the Court would be petitioned to order treatment under the new procedures authorized under the bill, or how court-ordered stabilization may affect utilization of other AHCCCS service categories.
AHCCCS estimates the bill would increase its expenditures by $7.2 million General Fund ($14.4 million Total Funds) on an annual basis. We are seeking more detail from the agency regarding how its estimates were derived. At the time of this writing, AHCCCS has not responded to our request. Given the uncertain utilization impacts we describe above, we consider the agency estimates to be speculative.
Following the submission of a court-ordered evaluation, statute permits superior courts to order mental health treatment for people who are unwilling or unable to consent to receive behavioral health services. AHCCCS currently provides crisis services for all individuals regardless of Medicaid eligibility, including up to 24 hours of care for members and up to 72 hours of care for non-Medicaid members.
The bill would allow superior courts to order a stabilization period (not to exceed 5 days) for impaired persons, defined as individuals with impaired judgment as a result of intoxication, withdrawal, or substance-induced symptoms. The bill would require the cost of the court proceedings and services provided be charged to AHCCCS, or another third-party payor if available.
Based on the average per diem cost for crisis stabilization events in 2024, AHCCCS estimates the bill’s provisions would generate a cost of $7.2 million General Fund ($14.4 million Total Funds) for court proceedings and additional days of stabilization for impaired persons. This amount includes $3.3 million for non-Medicaid services. AHCCCS did not explain how they estimated the number of users of court-ordered stabilization services or whether there would be impacts on utilization of other services.
Local Government Impact
None
3/13/25