Bill Text: AZ HB2312 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Advisory council; Indian health care.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2016-05-11 - Chapter 190 [HB2312 Detail]
Download: Arizona-2016-HB2312-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 190
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HOUSE BILL 2312 |
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AN ACT
Amending sections 36‑2902.01 and 36‑2902.02, Arizona Revised Statutes; relating to the Arizona advisory council on Indian health care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2902.01, Arizona Revised Statutes, is amended to read:
36-2902.01. Arizona advisory council on Indian health care; membership; compensation; meetings
A. The Arizona advisory council on Indian health care is established consisting to give tribal governments, tribal organizations and urban Indian health care organizations in this state representation in shaping medicaid and health care policies and laws that impact the populations they serve.
B. The council consists of the following members:
1. Twenty members appointed by the governor. Each Arizona Indian tribe may submit recommendations to the governor. There shall be no more than one representative from each Arizona Indian tribe. Each member shall represent an Arizona Indian tribe and shall be nominated by his tribal governing body. The governor shall make appointments from the following areas:
(a) Five tribal members who represent health care agencies. At least one of the appointees shall have experience in serving elderly clients or clients with physical disabilities.
(b) Five tribal members who represent social service agencies. At least one of the appointees shall have experience in serving elderly clients or clients with physical disabilities.
(c) Five tribal members who represent agencies serving the persons with developmental disabilities.
(d) Two tribal members who represent tribal organizations or metropolitan Indian centers.
(e) Three tribal members serving at large.
1. Twenty‑two representatives of the federally recognized American Indian tribes in this state who are appointed by the governor. Each federally recognized American Indian tribe in this state may recommend to the governor names of persons to represent the tribe on and for appointment to the council. Representatives shall be appointed from those names submitted by the tribes. Recommended representatives may have experience serving the elderly, youth, children or families or persons with disabilities.
2. One representative from the inter tribal council of Arizona who is recommended by the president of the inter tribal council of Arizona and who is appointed by governor.
3. One representative from an urban Indian health organization in this state that receives Indian health services funding pursuant to 25 United States Code chapter 18 who is recommended jointly by the urban Indian health organizations and who is appointed by the governor.
2. 4. One representative from the Arizona health care cost containment system who is appointed by the director.
3. 5. One representative from the department of health services who is appointed by the director of the department of health services.
4. 6. One representative from the department of economic security who is appointed by the director of the department of economic security.
7. One representative from the Arizona early childhood development and health board who is appointed by the executive director of the Arizona early childhood development and health board.
C. A majority of the council members shall be members of federally recognized American Indian tribes in this state. The council shall contact each tribe to solicit names of persons to recommend for expired terms under subsection b, paragraph 1.
B. D. The council shall invite federal representatives of the centers for medicare and medicaid services, the Indian health service, the bureau of Indian affairs, United States social security administration and the United States department of veterans affairs and the executive office of management and budget shall be invited by the governor to serve as technical advisors to the council. These representatives shall be ex officio members and may serve a three‑year term on the council.
C. E. Except as provided in subsection A B, paragraphs 2, 3 and 4, 5, 6 and 7 of this section, no a member of the council may not be an employee of this state.
D. F. Members of the council are not eligible to receive compensation, but members appointed pursuant to subsection A, paragraphs 1 and 2 are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
E. G. Members who are appointed pursuant to subsection A B, paragraph paragraphs 1, 2 and 3 shall serve staggered two year three-year terms. A tribal member who is absent without notice from three consecutive meetings vacates his the individual's membership. The governor shall may appoint a new member within thirty days from after the third unexcused absence. Vacancies occurring on the council shall be filled for the balance of the term.
F. H. The council shall elect, from persons appointed pursuant to subsection B, paragraph 1, 2 or 3 of this section, a chairman and vice‑chairman from its membership chairperson and vice chairperson. The chairman and vice‑chairman chairperson and vice chairperson shall be members of a federally recognized Arizona American Indian tribe in this state. The election shall be held the first second Monday in October of each July every other year. The term of office shall be one year two years. The council shall meet at least six times a year and may meet more often at the call of the chairman or vice‑chairman chairperson or vice chairperson. A majority of the seated council members constitutes a quorum.
G. I. A An ex officio member serving pursuant to subsection B D of this section is not eligible to vote and is not a member for purposes of determining whether a quorum is present.
H. J. Meetings are open to the public and minutes of each meeting are open for public inspection.
Sec. 2. Section 36-2902.02, Arizona Revised Statutes, is amended to read:
36-2902.02. Arizona advisory council on Indian health care; duties; appropriation request
A. The Arizona advisory council on Indian health care shall:
1. Hire and employ a director who shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the advisory council. The staff shall provide technical assistance to tribal governments on tribal health care initiatives. The director, on behalf of the council, shall annually notify the director of the Arizona health care cost containment system administration of the amount of appropriation required by the council for the following fiscal year.
2. Assist tribes and urban Indian health organizations to develop a comprehensive medical and public health care delivery and financing system for American Indians, specific to each Arizona Indian tribe, with a focus on creating Indian health care demonstration projects pursuant to title XIX of the social security act systems to meet the needs of American Indian tribes in this state. In performing this duty, the advisory council shall:
(a) Develop a comprehensive health care delivery and financing system, specific to each Arizona Indian tribe, that uses title XIX funds and builds on currently available private, state and federal funds.
(b) (a) Develop Recommend new title XIX and XXI programs, services, funding options, policies and demonstration projects, specific to each Arizona to meet the needs of American Indian tribe tribes and urban Indian health organizations, both on and off reservations, in cooperation with this state and the federal government.
(c) (b) Facilitate communications, planning, advocacy and discussion among tribes, and urban Indian health organizations in this state and with this state and federal agencies regarding operations, financing, policy and legislation relating to Indian medical and public health care.
(d) (c) Recommend and advocate tribal, state and federal policy and legislation that supports support the design and implementation of medical and public health care delivery and financing systems specific to each Arizona Indian tribe for tribes and urban Indian health organizations in this state.
(d) Conduct and commission studies and research to further the purpose of the council and to address identified Indian health care disparities in this state.
(e) Conduct periodic public hearings to gather input and recommendations from tribal populations on their health care issues and concerns.
(f) Apply for and seek grants, contracts and funding to further the purpose of the council. The funding shall supplement and not diminish annual appropriations for the council.
(e) (g) Notwithstanding section 36‑2903.01, subsection B, in conjunction with the administration and a tribe that operates a temporary assistance for needy families program, request a federal waiver from the United States department of health and human services that allows tribal governments that perform eligibility determinations for temporary assistance for needy families programs to perform the medicaid eligibility determinations for persons who apply for services pursuant to section 36‑2901, paragraph 6, subdivision (a). If the waiver is approved, the state shall provide the state matching monies for the administrative costs associated with the medicaid eligibility based on federal guidelines. As part of the waiver, the administration shall recoup from a tribal government all federal fiscal sanctions that result from inaccurate eligibility determinations.
(f) (h) Perform other duties as requested by the legislature.
B. The director, on notification by the advisory council, shall include the amount of the council's appropriation request in the administration's agency's annual appropriations request.
Sec. 3. Retention of members
Notwithstanding section 36‑2902.01, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona advisory council on Indian health care on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
APPROVED BY THE GOVERNOR MAY 11, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 11, 2016.
