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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
behavioral health facilities; accreditation
Purpose
Establishes patient intake form requirements for behavioral health outpatient treatment centers that are service providers for the Arizona Health Care Cost Containment System (AHCCCS) or a regional behavioral health authority. Requires the Department of Health Services (DHS) to provide a priority matrix for complaints filed against health care institutions on its public website and to implement an annual training program for licensing surveyors, supervisors and managers.
Background
Statute requires the Director of DHS (Director) to establish minimum standards and requirements for constructing, modifying and licensing health care institutions as necessary to ensure public health, safety and welfare. The Director may subclassify health care institutions into smaller subsets, including outpatient treatment centers and must 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 (A.R.S. § 36-405).
The Director must also establish minimum standards and requirements for the licensure of sober living homes to ensure the public health, safety and welfare. The Director may use the current standards adopted by any recognized national organization approved by DHS as guidelines in prescribing the minimal standards and requirements but must include outlined statutory policies and procedures (A.R.S. § 36-2062).
A sober
living home is any premises, place or building that provides alcohol-free
or
drug-free housing that: 1) promotes independent living and life skills development;
2) may provide activities that are directed primarily toward recovery from
substance use disorders; 3) provides a supervised setting to a group of
unrelated individuals who are recovering from substance use disorders; and 4)
does not provide any medical or clinical services or medication administration
on-site, except for verification of abstinence (A.R.S.
§ 36-2061).
A service provider is an organization or mental health professional that meets the criteria established by the Arizona Health Care Cost Containment System (AHCCCS) and has a contract with AHCCCS or a regional behavioral health authority (A.R.S. § 36-3401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Behavioral Health Outpatient Treatment Centers
1. Requires a behavioral health outpatient treatment center, that is a service provider, to include on its patient intake form the license number or name and address of the sober living home in which the patient is living, if applicable.
2. Allows DHS to verify compliance with the patient intake form requirement:
a) during any in-person survey or complaint investigation; or
b) at any other time determined by DHS.
Health Care Institution Complaints and Surveys
3. Requires DHS to provide a priority matrix for complaints filed against health care institutions on its public website, detailing the:
a) various levels of complaints;
b) process for determining the complaint level assignment;
c) time frames for initiating a complaint investigation.
4. Requires DHS, before conducting a complaint investigation, to disclose the level of the complaint to the health care institution licensee.
5. Directs DHS to implement an annual training program for all licensing surveyors, supervisors and managers to ensure compliance with health care institution statutes.
6. Requires the licensing surveyor training program to include modules providing training on:
a) DHS's governing policies and procedures and related statutes and rules;
b) how to ascertain whether a complaint or grievance filed with DHS should result in opening a complaint investigation;
c) how to act in a professional manner, with an emphasis on dignity and respect; and
d) the importance of clear and transparent communication with licensees.
7. Requires DHS to implement an annual process for all licensing surveyors, supervisors and managers to demonstrate practical knowledge and understanding of each module of the training program.
Miscellaneous
8. Defines sober living home and service provider.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the requirement that health care institutions that provide behavioral health services become accredited.
2. Applies the patient intake form requirement to only behavioral health outpatient treatment centers that are service providers.
3. Allows a behavioral health outpatient treatment center to include the name and address of a patient's sober living home in place of the sober living home's license number.
4. Allows the DHS to verify compliance with the patient intake form requirement:
a) during any in-person survey or complaint investigation; or
b) at any other time determined by DHS.
Amendments Adopted by the House of Representatives
2. Requires DHS, before conducting a complaint investigation, to disclose the level of the complaint to the health care institution licensee.
3. Directs DHS to implement an annual training program for all licensing surveyors, supervisors and managers to ensure compliance with health care institution statutes and to establish a process for surveyors, supervisors and managers to demonstrate practical knowledge and understanding of the training program modules.
4. Requires the licensing surveyor training program to include modules providing training on:
a) DHS's governing policies and procedures and related statutes and rules;
b) how to ascertain whether a complaint or grievance filed with DHS should result in opening a complaint investigation;
c) how to act in a professional manner, with an emphasis on dignity and respect; and
d) the importance of clear and transparent communication with licensees.
Senate Action House Action
HHS 2/12/25 DPA 6-0-1 HHS 3/17/25 DPA 11-0-0-1
3rd Read 3/6/25 27-0-3 3rd Read 4/10/25 58-0-2
Prepared by Senate Research
April 10, 2025
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