Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1609 Comm Sub / Analysis

Filed 03/20/2024

                      	SB 1609 
Initials AG/KT 	Page 1 	Health & Human Services 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: HHS DPA/SE 7-0-0-0 | 3
rd
 Read 26-0-4-0 
 
SB 1609: behavioral health; AHCCCS; health facilities 
Sponsor: Senator Wadsack, LD 17 
Committee on Health & Human Services 
Overview 
Requires health care institutions when transferring or discharging a patient with a serious 
mental illness (SMI) to another health care institution to provide the patient a 30-day supply 
of all medications that the patient was given in the previous 10 days. Outlines requirements 
of the Arizona Health Care Cost Containment System Administration (AHCCCS) related to 
peer specialist oversight and services for SMI individuals.  
History 
SMI are persons, who as a result of a mental disorder, 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 their functional capacities for primary activities of daily living such as 
interpersonal relationships, homemaking, self-care, employment and recreation (A.R.S. § 36-
550).  
The AHCCCS Director must make rules that include standards for agencies other than the 
Arizona State Hospital (ASH) when providing services and must prescribe forms as necessary 
for the proper administration and enforcement as it relates to mental health services. The 
AHCCCS Director must make rules concerning the admission of patients and the transfer of 
patients between mental health treatment agencies other than ASH. A patient undergoing 
court-ordered treatment may be transferred from one mental health treatment agency to 
another in accordance with the rules of the director, subject to court approval (A.R.S. § 36-
502). 
Provisions 
1. Requires, if a patient with a SMI is transferred or discharged from a health care 
institution to another health care institution, residential placement or group home, the 
health care institution that is transferring or discharging a patient to provide to the 
patient a 30-day supply of all medications, both prescriptions and over the counter, the 
patient was given in the previous 10 days that are ongoing or to be taken as needed.     
(Sec. 1) 
2. Specifies that each medication must include clear documented instructions that are 
signed by: 
a) the patient or the patient's parent or guardian; 
b) the discharge team; and 
c) the intake team. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1609 
Initials AG/KT 	Page 2 	Health & Human Services 
3. Instructs AHCCCS to require its contracted housing program administrators to review 
and minimize duplicative paperwork requirements for and limit the number of 
contractors and entities that unnecessarily receive personal health information of 
members with SMI who are receiving services. (Sec. 2) 
4. Prohibits contracted housing program administrators from selling or otherwise sharing 
any members' personal health information, unless authorized or required by state or 
federal law, including the Health Insurance Portability and Accountability Act Privacy 
Standards. (Sec. 2) 
5. Directs AHCCCS to develop and implement processes to monitor its contractors' oversight 
of peer specialists to ensure that the peer specialists meet qualifications and receive the 
required supervision and training. (Sec. 2) 
6. Requires, beginning October 1, 2025, in addition to any other qualifications, peer 
specialists to complete training that is developed by AHCCCS and that includes 
psychosis-specific content including anosognosia. (Sec. 2) 
7. Instructs AHCCCS to provide an annual report to the Governor, the President of the 
Senate and the Speaker of the House of Representatives on the development, 
implementation and monitoring processes by November 1, 2024, and annually thereafter. 
(Sec. 2) 
8. Requires AHCCCS, by January 31, 2025, to study the implementation of developing and 
distributing a real-time, automated survey to SMI members, or their representative to: 
a) collect feedback; 
b) identify quality of care issues; and  
c) respond to the needs of members. (Sec. 3) 
9. Specifies that in studying the implementation of the survey, AHCCCS must solicit and 
consider input from the public, including at a minimum, individuals with a SMI and their 
representatives. (Sec. 3) 
10. Directs AHCCCS, by January 31, 2025, to report to the Joint Legislative Budget 
Committee and the Chairpersons of the Health and Human Services Committees of the 
Senate and House of Representatives on the development and implementation costs that 
would be incurred by AHCCCS. (Sec. 3)