Bill Text: AZ HB2692 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Behavioral health; RHBA; preference
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-10 - Referred to House HHS Committee [HB2692 Detail]
Download: Arizona-2011-HB2692-Introduced.html
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REFERENCE TITLE: behavioral health; RHBA; preference |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2692 |
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Introduced by Representatives Miranda R, Tovar
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AN ACT
Amending section 36-3410, Arizona Revised Statutes; amending title 36, chapter 34, article 1, Arizona Revised Statutes, by adding section 36-3415; relating to the division of behavioral health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-3410, Arizona Revised Statutes, is amended to read:
36-3410. Regional behavioral health authorities; contracts; monthly summaries; inspection; copying fee; children's behavioral health and seriously mentally ill services
A. If the department contracts with behavioral health contractors which THAT would act as regional behavioral health authorities or directly with a service provider for behavioral health services, the department and each behavioral health contractor or service provider shall prepare and make available monthly summary statements, in a format prescribed by the department, that separately detail by title XIX and nontitle XIX and by service category and service type, as defined by contract with the department, the number of clients served, the units of service provided and the state and federal monies distributed through the department to each regional behavioral health authority or direct contract service provider and the amounts distributed by each regional behavioral health authority or direct contract service provider to their its subcontractors. The director may require additional information in the monthly statement which that the director determines to be critical for proper regulation and oversight of the regional behavioral health authority or the direct contract service provider.
B. In awarding contracts pursuant to this section for regional behavioral health authorities, the department shall give preference to contractors whose national corporate headquarters are located in this state.
B. C. For services provided directly by a regional behavioral health authority, the maximum reimbursement to that regional behavioral health authority shall be thirty per cent above the Arizona health care cost containment system fee for service rate for the particular service rendered.
C. D. Except as provided in subsections D and E and F of this section, behavioral health contractors under contract with the department to act as regional behavioral health authorities may perform only managed care functions. Regional behavioral health authorities and their subsidiaries shall not deliver behavioral health services directly to clients. The prohibition on regional behavioral health authorities and their subsidiaries delivering behavioral health services directly to clients shall be fully implemented by September 1, 2009.
D. E. If a direct services behavioral health provider experiences contract performance failure, the regional behavioral health authority, after receiving approval from the department, may provide direct care services for only as long as necessary to assure delivery of uninterrupted care to clients and either:
1. Accomplish the orderly transition of those members to a new provider or other existing providers.
2. Until the provider in question reorganizes or otherwise corrects the contract performance failure.
E. F. Subsection C D of this section does not apply to a regional behavioral health authority operated by a federally recognized Indian tribe.
F. G. In the contracts specified under subsection A of this section, the department may include a provision to charge for services provided at the state hospital. The charges are only for clients on whose behalf the contractor has been paid by the department.
G. H. The summaries and the contracts on which they are based are open to public inspection. The department and each regional behavioral health authority or direct contract service provider shall make the summaries available for inspection and copying at the office of each regional behavioral health authority or direct contract service provider and at the department.
H. I. The department and a regional behavioral health authority or direct contract service provider shall charge a copying fee which that is not in excess of the actual cost of reproduction or the amount charged by the secretary of state pursuant to section 41‑126, whichever is less.
I. J. Copying fees received by the department, pursuant to subsection H I of this section, shall be placed in the state general fund.
J. K. Monies appropriated for fiscal year 2001‑2002 and each fiscal year thereafter for children's behavioral health services shall be spent on services only as prescribed by the appropriation and may not be used for any other purpose.
K. L. Monies appropriated for fiscal year 2007‑2008 and each fiscal year thereafter for seriously mentally ill services shall be spent on services only as prescribed by the appropriation and shall not be used for any other purpose.
Sec. 2. Title 36, chapter 34, article 1, Arizona Revised Statutes, is amended by adding section 36-3415, to read:
36-3415. Regional behavioral health authorities review committee; members; duties
A. The regional behavioral health authorities review committee is established consisting of:
1. The deputy director of the division of behavioral health or the deputy director's designee.
2. The director of the Arizona health care cost containment system administration or the director's designee.
3. The following members who are appointed by the director of the department of health services for staggered three year terms:
(a) One representative of a regional behavioral health authority that serves an urban county in this state.
(b) One representative of a regional behavioral health authority that serves a rural county in this state.
(c) Four representatives of behavioral health agencies that have contracts with regional behavioral health authorities.
(d) Two members of statewide organizations that advocate for persons who receive behavioral health services.
(e) Two public members who have knowledge of the behavioral health system either as clients of the system or as parents or guardians of clients in the system.
B. The deputy director shall serve as committee chairperson.
C. The committee shall meet at least every three months.
D. Committee members are not eligible to receive compensation, but members appointed pursuant to subsection A, paragraph 3 are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
E. The committee shall:
1. Review the performance of regional behavioral health authorities as it relates to outreach and efficiency.
2. Submit an annual report of its findings and recommendations to the governor, the speaker of the house of representatives and the president of the senate on or before November 15.
F. The division shall provide necessary staff services to the committee.
Sec. 3. Initial terms of members of the regional behavioral health authorities review committee
A. Notwithstanding section 36-3415, subsection A, paragraph 3, Arizona Revised Statutes, as added by this act, the initial terms of members of the regional behavioral health authorities review committee who are appointed pursuant to that paragraph are:
1. Three terms ending January 1, 2013.
2. Three terms ending January 1, 2014.
3. Four terms ending January 1, 2015.
B. The director of the department of health services shall make all subsequent appointments as prescribed by statute.
