Bill Text: AZ HB2454 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Child welfare; placement; medications
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-13 - House read second time [HB2454 Detail]
Download: Arizona-2017-HB2454-Introduced.html
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REFERENCE TITLE: child welfare; placement; medications |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2454 |
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Introduced by Representative Kern
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AN ACT
amending section 8‑512, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8‑512.02; relating to child welfare and placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-512, Arizona Revised Statutes, is amended to read:
8-512. Comprehensive medical and dental care; guidelines
A. The department shall provide comprehensive medical and dental care, as prescribed by rules of the department, for each child who is:
1. In a voluntary placement pursuant to section 8‑806.
2. In the custody of the department in an out-of-home placement.
3. In the custody of a probation department and placed in foster care. The department shall not provide this care if the cost exceeds funds currently appropriated and available for that purpose.
B. On or before October 1, 2015, the department of child safety, in collaboration with the department of health services and the Arizona health care cost containment system administration, shall:
1. Determine the most efficient and effective way to provide comprehensive medical, dental and behavioral health services, including behavioral health diagnostic, evaluation and treatment services for children who are provided care pursuant to subsection A of this section.
2. Determine the number of disruptions of placements in foster care by age of child due to behavioral health management issues and the extent each child is receiving behavioral health services.
3. Determine the number of adopted children who have entered foster care due to the adoptive parents' inability to receive behavioral health services to adequately meet the needs of the child and parents.
4. Submit a report of its recommendations for providing services pursuant to this subsection to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of its report to the secretary of state. The collaborative determination shall consider an administratively integrated system.
C. Except as provided in subsection L of this section, the comprehensive medical and dental care consists of those benefits provided by the Arizona health care cost containment system benefit as prescribed in title 36, chapter 29, article 1 and as set forth in the approved medicaid state plan.
D. Any provider that has a provider agreement registration may be employed through the comprehensive medical and dental program by the foster parent, relative, certified adoptive parent, agency or department having responsibility for the care of the child.
E. The department shall reimburse a provider according to the rates established by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1.
F. The department shall use the Arizona health care cost containment system administration rates as identified in subsection E of this section for any child eligible for services under this section.
G. The department shall require providers to submit claims for medical and dental services pursuant to section 36‑2903.01.
H. The department shall require that the provider pursue other third party payors before submitting a claim to the department. Payment received by a provider from the department is considered payment by the department of the department's liability for the bill. A provider may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.
I. The department shall not pay claims for services pursuant to this section that are submitted more than one hundred eighty days after the date of the service for which the payment is claimed.
J. The department may provide for payment through an insurance plan, hospital service plan, medical service plan, or any other health service plan authorized to do business in this state, fiscal intermediary or a combination of such plans or methods. The state shall not be liable for and the department shall not pay to any plan or intermediary any portion of the cost of comprehensive medical and dental care in excess of funds appropriated and available for such purpose at the time the plan or intermediary incurs the expense for such care.
K. The total amount of state monies that may be spent in any fiscal year by the department for comprehensive medical and dental care shall not exceed the amount appropriated or authorized by section 35‑173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
L. Any drug prescription service provided pursuant to this section shall require to the extent allowed by federal law the approval of the department before the prescription of an antipsychotic or neuroleptic medication to a child who is under five years of age. In determining whether to approve the prescription, the department shall consider all of the following:
1. The child's diagnosis.
2. Whether the united States food and drug administration has approved the use of the medication for a person of the child's age.
3. Whether the child has successfully taken the medication in the past.
4. Any other relevant factor prescribed by the department by rule.
Sec. 2. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-512.02, to read:
8-512.02. Psychotropic medications; report; definition
A. On or before August 31 of every odd numbered year, the department of health services, the department of child safety and the Arizona health care cost containment system administration shall prepare a report that compares the prescription rate of psychotropic medications prescribed to foster children who receive services from the Arizona health care cost containment system with the prescription rate of psychotropic medications prescribed to enrolled nonfoster children who receive these services.
B. The report shall include the following:
1. The number of children receiving psychotropic medications delineated by:
(a) Age group.
(b) Type of psychotropic medication.
(c) Number of prescriptions.
(d) Number of children prescribed one, two, three, four and five or more psychotropic drugs.
2. The number of registered nurse practitioners, physician assistants, psychiatrists and physicians prescribing psychotropic medications to foster children, including those submitting to medicaid for treatment reimbursement.
3. The registered nurse practitioners, physician assistants, psychiatrists and physicians who have the highest number of prescriptions to children under state care of the following medications:
(a) Antipsychotics.
(b) Antidepressants.
(c) Psychostimulants.
(d) Mood stabilizers.
(e) Antianxiety drugs.
4. A summary of compliance with informed consent requirements for enrolled children in foster care.
5. The annual costs of psychotropic medications to children under state care.
C. The report shall be submitted to the chairpersons of the House of representatives health committee and the senate health and human services committee, or the chairpersons of any successor committees, and a copy of the report shall be provided to the secretary of state.
D. For the purposes of this section, "psychotropic medication" means a medication that is prescribed for the treatment of symptoms of psychosis or another mental, emotional or behavioral disorder and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition or affective state. Psychotropic medication includes all of the following when used as described in this subsection:
1. Psychomotor stimulants.
2. Antidepressants.
3. Antipsychotics or neuroleptics.
4. Agents for control of mania or depression.
5. Antianxiety agents.
6. Sedatives, hypnotics or other sleep-promoting medications.
Sec. 3. Necessary waiver or authorization; delay in implementation
If a waiver or authorization from a federal agency is necessary to implement section 8‑512, Arizona Revised Statutes, as amended by this act, the department of child safety shall request the waiver or authorization and may delay implementation of section 8‑512, Arizona Revised Statutes, as amended by this act until the waiver or authorization is granted.
