SB 1609
Initials AG/KT Page 1 House Engrossed
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
House: HHS DPA 10-0-0-0
SB 1609: behavioral health; AHCCCS; health facilities
Sponsor: Senator Wadsack, LD 17
House Engrossed
Overview
Requires a health care institution that provides inpatient behavioral health services to a
patient with a designation of SMI to provide, on the patients discharge, an accurate list of all
necessary medications, including psychiatric medications and all other prescription
medications and over-the-counter medications, that are to be taken regularly or as needed.
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. 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. 1)
2. 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. 1) SB 1609
Initials AG/KT Page 2 House Engrossed
3. 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. 1)
4. 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. 1)
5. 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. 1)
6. Requires a health care institution that provides inpatient behavioral health services to a
patient with a SMI designation by AHCCCS to provide, on the patients discharge, an
accurate list of all necessary medications, including psychiatric medications and all other
prescription medications and over-the-counter medications, that are to be taken regularly
or as needed. (Sec. 1)
7. Requires the discharging health care institution to provide the list of medications to the
patient or their representative and to a designated person from the residential care
institution or health care institution that is to provide outpatient behavioral health
services to the patient as identified by the discharging health care institution that
provided inpatient behavioral health services to the patient. (Sec. 1)
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. 2)
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. 2)
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. 2)
11. Requires AHCCCS to establish requirements, through rulemaking if necessary,
regarding the discharge of AHCCCS members with a designation of SMI from inpatient
psychiatric facilities. (Sec. 3)
12. Requires the discharge requirements to identify processes and the responsible entities to
ensure continuity of care for AHCCCS members on discharge, including psychiatric and
nonpsychiatric medications for which AHCCCS or its contractors is the primary payor.
(Sec. 3)
13. Requires the processes to include verification against the AHCCCS member's treatment
plan of medication, doses, schedules, quantities and routes of administration by qualified
members of the AHCCCS members inpatient and outpatient treatment teams. (Sec. 3)