Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1311
mental health; oversight; data; documentation.
Purpose
Declares the Arizona Health Care Cost Containment System (AHCCCS) the agency
responsible for monitoring, overseeing and evaluating state agencies that provide mental health
services. Modifies requirements and procedures relating to mental health prepetition screenings
and court-ordered evaluations.
Background
AHCCCS serves as Arizona's Medicaid agency which offers qualifying Arizona residents
access to healthcare programs. AHCCCS's duties include: 1) developing and implementing a
county-by-county system that includes access to hospitalization and medical services for members;
2) contracting, overseeing, reviewing and providing technical assistance to contactors;
3) developing a system of accounts and controls for AHCCCS to prevent the unnecessary use of
covered health and medical services; 4) assisting in the formation of medical care consortiums to
provide covered medical services for a county; 5) establishing and managing a system to ensure
the quality of care delivered by AHCCCS; 6) establishing and managing a system to prevent fraud
by members, subcontractors, contractors and noncontracting providers; 7) coordinating benefits to
any member; 8) developing and maintaining outlined programs and systems; and 9) establishing
the eligibility process for a Medicare low-income subsidy (A.R.S. § 36-2903).
Statute authorizes any individual to apply for a court-ordered evaluation of a person alleged
to be, as a result of a mental disorder, a danger to self or others or a person with a persistent, acute
or grave disability that is unwilling or able to under a voluntary evaluation (A.R.S.
§ 36-520). Upon receiving an application for evaluation, a screening agency, before filing a
petition for court-ordered evaluation, must provide a prepetition screening within 48 business
hours, when possible, to determine: 1) if there is reasonable cause to believe the allegations of the
applicant for the court-ordered evaluation; 2) if the person will voluntarily receive evaluation at a
scheduled time and place; and 3) if the person has a persistent or acute disability, a grave disability
or is likely to present a danger to self or others until the voluntary evaluation (A.R.S. § 36-521).
If there is a cost associated with AHCCCS oversight and evaluation of state agencies
providing mental health services, there may be an impact to the state General Fund.
Provisions
AHCCCS Oversight
1. Declares AHCCCS the agency responsible for monitoring, overseeing and evaluating state
agencies that provide mental health services to ensure that services, whether provided directly
by a county or a contracted service provider, are provided in a timely, effective and efficient
manner and are in compliance with all county, state and federal laws and rules. FACT SHEET
S.B. 1311
Page 2
2. Requires AHCCCS mental health oversight authority to be clearly delineated in all applicable
contracts.
3. Directs AHCCCS to audit the performance of state agencies providing mental health services
and impose penalties, including civil penalties, suspension and termination of contracts, on
agencies found to be:
a) noncompliant with county, state or federal law or rule; or
b) not performing services in a timely, effective and efficient manner.
4. Requires the AHCCCS Director to adopt rules and prescribe forms for collecting, reporting
and analyzing information and data for purposes of tracking and analyzing the effective and
efficient use of mental health services provided by state agencies.
5. Requires the AHCCCS Director, in establishing the appropriate information to be collected
and forms to be used, to seek the advice of a representative group of stakeholders, including:
a) screening, evaluation and treatment agencies;
b) regional behavioral health agencies;
c) hospitals and physicians providing behavioral health services;
d) family members; and
e) persons with lived experiences in screening, evaluation and treatment services.
6. Requires the forms used to be reviewed and, if necessary, revised on a regular basis, at least
once a year.
7. Requires AHCCCS to analyze the information and data collected monthly and report it to the
Governor, President of the Senate and Speaker of the House of Representatives at least once
each year.
8. Specifies that the rules and prescribed forms are to be completed on an expedited timeline
established by AHCCCS, but no later than December 31, 2025.
9. Directs AHCCCS to file, with the Governor, President of the Senate and Speaker of the House
of Representatives:
a) by December 31, 2024, an interim report that describes AHCCCS's progress in completing
requirements associated with agency mental health oversight; and
b) by December 31, 2025, a final report confirming the completion of all requirements.
Mental Health Screening and Evaluation
10. Removes the requirement that a screening agency destroy an application that has not been acted
on for six months.
11. Stipulates that, if it is determined that a proposed patient does not need evaluation, the medical
director of the screening agency or the medical director's designee must:
a) make a written statement of the reasons why the proposed patient does not need an
evaluation; and
b) retain the application together with the medical director's statement and any records or
reports concerning the prepetition screening. FACT SHEET
S.B. 1311
Page 3
12. Removes the requirement that a screening agency consider whether there is reasonable cause
to believe the allegations of the individual applying for court-ordered evaluation and instead
requires the agency to consider whether the person is a danger to self or others as a result of a
mental disorder.
13. Requires a screening agency that denies an evaluation to state the denial in writing on the
application form and include confirmation by the medical director of the agency or a designee.
14. Requires a screening agency to assist a proposed patient with finding specific evaluation or
treatment services available, including direct referrals, if the person:
a) does not meet the criteria for court-ordered evaluation;
b) provides reasonable grounds to believe has a mental disorder;
c) is in need of further evaluation or treatment; and
d) is able and willing to pursue private or public evaluation or treatment services available in
the community.
15. Requires the medical director of a screening agency who determines that a person no longer
needs an evaluation after a petition has already been prepared to:
a) make a written statement of the reasons why the evaluation was determined to be no longer
necessary; and
b) retain the petition together with the medical director's statement.
16. Requires the medical director of an evaluation agency or the medical director's designee to
retain an application for which emergency admission was denied and to state the reasons for
the denial.
17. Specifies that an application for emergency admission must be retained after the admitted
person has been released, together with a written statement by the medical director of the
evaluation agency stating why the release was appropriate.
18. Requires the medical director of an evaluation agency, after the release of a person being
evaluated on an inpatient basis, to make a written statement explaining why further evaluation
was not appropriate and why release was.
19. Requires copies of written statements by evaluation agency medical directors explaining the
release of a patient to be:
a) filed with the court that entered the order for evaluation;
b) filed as a part of the court record; and
c) made a part of the patient's medical record.
Miscellaneous
20. Makes technical and conforming changes.
21. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2024
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