Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1391
state hospital; transfer; AHCCCS
Purpose
Transfers oversight and administration of the Arizona State Hospital (ASH) from the
Department of Health Services (DHS) to the Arizona Health Care Cost Containment System
(AHCCCS).
Background
ASH is a 260-bed facility, operated and regulated by DHS, that provides long-term
inpatient psychiatric care to individuals with mental illnesses, personality disorders or emotional
conditions who are under a court order to receive treatment. Statute outlines a number of
administrative requirements of DHS relating to ASH, including submittal of an annual report
outlining ASH finances, collecting census data for adult civil commitment treatment programs and
administering the ASH Fund.
The Civil Adult Rehabilitation Program at ASH includes treatment units that specialize in
providing services to adults who are civilly committed as a danger to themselves or others, gravely
disabled or persistently and acutely disabled. Patients admitted to ASH under the Civil Adult
Rehabilitation Program must first have completed a minimum of 25 days of treatment in a
community inpatient setting prior to admission. Forensic patients at ASH are court-ordered for
either pre-trial or post-trial treatment as a result of involvement with the criminal justice system
due to a mental health issue. The Forensic Adult Program includes individuals who have been
committed through a court-order as part of a criminal process for patients who either: 1) are being
housed in one unit providing pre-trial evaluation, treatment and restoration to competency to stand
trial; or 2) have been adjudicated guilty except insane and are serving a sentence under the
jurisdiction of the Psychiatric Security Review Board (A.R.S. Title 36, Chapter 2, Article 1).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Removes DHS's authorities and powers relating to ASH.
2. Specifies that ASH is under the charge and control of AHCCCS.
3. Transfers applicable DHS duties and responsibilities to AHCCCS.
4. Specifies that all pending or completed matters of DHS relating to ASH, including contracts,
orders and judicial actions, are transferred to AHCCCS on the effective date of this legislation
and maintain the same status. FACT SHEET
S.B. 1391
Page 2
5. Specifies that DHS rules relating to ASH are effective until superseded by rules adopted by
AHCCCS.
6. States that all personnel, property and records, data and investigative findings and all
obligations of DHS relating to ASH are transferred to AHCCCS.
7. Directs Legislative Council staff to prepare conforming legislation in the Fifty-Sixth
Legislature, First Regular Session.
8. Makes technical and conforming changes.
9. Becomes effective on July 1, 2023.
Prepared by Senate Research
February 14, 2022
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