Bill Text: AZ HB2531 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Court ordered evaluation services; payment
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2014-04-15 - Senate Committee of the Whole action: Do Pass [HB2531 Detail]
Download: Arizona-2014-HB2531-Engrossed.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
|
|
HOUSE BILL 2531 |
|
|
|
|
AN ACT
Amending sections 36‑545.04 and 36‑3408, Arizona Revised Statutes; relating to court‑ordered evaluations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-545.04, Arizona Revised Statutes, is amended to read:
36-545.04. Costs of court proceedings; compensation for evaluation and testimony
A. Except as provided in this chapter and subsection C of this section, costs of court proceedings and the cost of services provided by a county pursuant to article 4 of this chapter are a charge against the county in which the patient resided or was found before hospitalization. The clerk of the superior court in the county where the proceedings are held shall certify to the board of supervisors of the county where the patient resided or was found before hospitalization that such the proceedings were held and the amount of the balance of the incurred costs.
B. If a physician, psychologist, psychiatric and mental health nurse practitioner or social worker is not otherwise compensated for evaluating a person or for testifying at a hearing, or both, the physician, psychologist, nurse practitioner or social worker shall be paid by the county, an amount determined reasonable by the court, subject to the same limitations as imposed on compensation for attorneys in hearings, as provided by section 13‑4013. These payments shall be made as a part of the costs of court proceedings as in subsection A of this section.
C. If a person Is eligible for federal benefits pursuant to chapter 29 of this title, the cost of services provided by a county pursuant to article 4 of this chapter is a charge against the county in which the patient resided or was found before hospitalization to the extent of the nonfederal share of the cost of the service.
Sec. 2. Section 36-3408, Arizona Revised Statutes, is amended to read:
36-3408. Eligibility for behavioral health service system; screening process; required information
A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to this chapter shall comply with a preliminary financial screening and eligibility process developed by the department of health services in coordination with the Arizona health care cost containment system administration and administered at the initial intake level. A person who receives behavioral health services pursuant to this chapter and who has not been determined eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI services shall comply annually with the eligibility determination process. If the results indicate that the person may be eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI, in order to continue to receive services pursuant to this chapter, the applicant shall submit a completed application within ten working days to the social security administration, the department of economic security or the Arizona health care cost containment system administration, which shall determine the applicant's eligibility pursuant to title XVIII and for the medicare part D prescription drug benefit, section 36‑2901, paragraph 6, subdivision (a), section 36‑2931, paragraph 5 or section 36‑2981, paragraph 6 for health and medical or long‑term care services pursuant to chapter 29 of this title. The applicant shall cooperate fully with the eligibility determination process. If the person is in need of emergency services provided pursuant to this chapter, the person may begin to receive these services immediately provided that within five days from the date of service a financial screening is initiated.
B. Applicants who refuse to cooperate in the financial screening and eligibility process are not eligible for services pursuant to this chapter. A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant. Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. The department of economic security and the Arizona health care cost containment system administration shall promptly inform the department of health services of the applications that are denied based on an applicant's failure to cooperate with the eligibility determination process and, on request, of applicants who do not submit an application as required by this section.
C. The department of economic security, in coordination with the department of health services, shall provide on‑site eligibility determinations at appropriate program locations subject to legislative appropriation.
D. This section only applies to persons who receive services that are provided pursuant to this section and that are paid for in whole or in part with state funds public monies.
E. A person who requests treatment services under this chapter shall provide personally identifying information required by the department of health services.
F. Except as otherwise provided by law, this section and cooperation with the eligibility determination process do not entitle any person to any particular services that are subject to legislative appropriation.
