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REFERENCE TITLE: regional behavioral health authorities; requirements |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2334 |
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Introduced by Representatives Jones, Pancrazi: Barton, Chabin, Crandell, Goodale, Judd, McLain, Miranda C, Saldate, Urie, Senators Griffin, Jackson
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AN ACT
AMENDING section 36-3410, Arizona Revised Statutes; relating to behavioral health services.
(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; advisory committees
A. If the department contracts with behavioral health contractors which 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. 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. Except as provided in subsections D and E 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. 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. Subsection C of this section does not apply to a regional behavioral health authority operated by a federally recognized Indian tribe.
F. 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. 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. 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. Copying fees received by the department, pursuant to subsection H of this section, shall be placed in the state general fund.
J. 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. 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.
L. In considering the award of any contract with a behavioral health contractor that would act as a regional behavioral health authority as described in subsection A of this section, the department shall assemble an advisory committee of at least five and not more than nine members, a majority of whom reside in the geographically specific service area of this state in which the contracted regional behavioral health authority is to provide services. The advisory committee shall review the qualifications and suitability of any organization under consideration by the department to provide services under this section. The advisory committee shall submit written recommendations to the department regarding the organization deemed most suitable for the provision of regional behavioral health authority services in the geographically specific service area for which the committee is formed. The department must consider the recommendations of the advisory committee in making any award of a contract for regional behavioral health services in the geographically specific service area for which the committee is formed.