Assigned to HHS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1609
AHCCCS; personal health information
(NOW: behavioral health; AHCCCS; health facilities)
Purpose
Establishes requirements of the Arizona Health Care Cost Containment System related to
peer specialist oversight and services for individuals with a serious mental illness (SMI). Requires
a health care institution that is transferring or discharging a patient with an SMI to another health
care institution to provide the patient with a 30-day supply of all medication that the patient was
given in the previous 10 days.
Background
An SMI is a mental disorder that causes an individual to exhibit emotional or behavioral
functioning that is so impaired as to interfere substantially with their capacity to remain in the
community without supportive treatment or services of a long-term or indefinite duration. In these
persons, mental disability is severe and persistent, resulting in a long-term limitation of functional
capacities for primary activities of daily living such as interpersonal relationships, homemaking,
self-care, employment and recreation (AHCCCS).
Individuals with an SMI that are seeking services through AHCCCS must go through a
determination process to formally receive an SMI designation. This process requires the individual
to submit documentation of mental illness and how it has affected the person's quality of life. It is
also possible the individual may be required to meet face-to-face with a clinician for assessment.
Additionally, the SMI must result in 1) an inability to live independently without adequate support;
2) a risk of serious harm to self or others; 3) a dysfunction in role performance; or 4) a risk of
deterioration if adequate supports and services are not provided. An individual with an SMI
designation who is at least 18 years old has access to services that may help improve quality of life
and the ability to live independently (AHCCCS).
AHCCCS provides peer support services to members who may need more personalized
support than natural supports or community-based recovery groups, such as 12 Step groups, can
provide. Peer specialists generally have a personal history of behavioral health recovery and utilize
lived experiences to help people by promoting recovery-oriented environments. Peer specialists
work with individuals throughout recovery by sharing skills, coaching and providing support
(AHCCCS).
If there is a cost associated with the monitoring and training of peer specialists or the
development of an SMI member survey, there may be a cost to the state General Fund.
FACT SHEET – Amended
S.B. 1609
Page 2
Provisions
SMI Medication
1. Requires a health care institution that is transferring or discharging a patient with an SMI to
another health care institution to provide the patient with a 30-day supply of all medication,
both prescription and over-the-counter, that the patient was given in the previous 10 days,
whether ongoing or to be taken as needed.
2. Requires each medication to include clear, documented instructions that are signed by the
patient or the patient's parent or guardian, the discharge team and the intake team.
Personal Health Information
3. Directs AHCCCS to require its contracted housing program administrators to review and
minimize duplicative paperwork requirements and limit the number of contractors and entities
that unnecessarily receive personal health information of members with an SMI who are
receiving services.
4. Prohibits contracted housing program administrators from selling or sharing any member's
personal health information unless authorized or required by state or federal law.
Peer Specialists
5. Requires AHCCCS to develop and implement processes to monitor its contractors' oversight
of peer specialists to ensure that peer specialists meet qualifications and receive required
supervision.
6. Requires, beginning October 1, 2025, peer specialists to complete training developed by
AHCCCS that includes psychosis-specific content, including anosognosia.
7. Requires AHCCCS, beginning November 1, 2024, to annually submit a report to the Governor,
President of the Senate and Speaker of the House of Representatives regarding the
development, implementation and monitoring of required peer specialist monitoring.
SMI Survey
8. Requires, by January 31, 2025, AHCCCS to:
a) study the implementation of developing and distributing a real-time automated survey to
members with an SMI, or their representatives, to collect feedback, identify quality of care
issues and respond to the needs of members; and
b) report the development and implementation costs to the Joint Legislative Budget
Committee and the chairpersons of the Health and Human Services Committees of the
Senate and House of Representatives.
2. Directs AHCCCS, in studying the implementation of the survey, to solicit and consider input
from the public, including individuals with an SMI and their representatives.
FACT SHEET – Amended
S.B. 1609
Page 3
Miscellaneous
9. Makes technical changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Limits, to only contracted housing program administrators, the requirement that the Arizona
Health Care Cost Containment System (AHCCCS) require its contractors to:
a) review and minimize duplicative paperwork requirements; and
b) limit the number of contractors and entities that unnecessarily receive personal health
information of members with an SMI.
2. Prohibits contracted housing program administrators from selling or sharing, rather than
benefiting financially, from any member's personal health information unless authorized or
required by law.
3. Delays, until October 1, 2025, the requirement that AHCCCS peer specialists complete training
in psychosis-specific content.
4. Requires, by January 31, 2025, AHCCCS to:
a) study, rather than implement and develop, the development and implementation of a
real-time automated survey to members with a serious mental illness; and
b) report the development and implementation costs to the Joint Legislative Budget
Committee and the chairpersons of the Health and Human Services Committees of the
Senate and House of Representatives.
Senate Action
HHS 2/13/24 DPA/SE 7-0-0
Prepared by Senate Research
February 29, 2024
MM/cs