REFERENCE TITLE: serious mental illness; dual diagnosis
State of Arizona
House of Representatives
Second Regular Session
Amending section 36‑3408, Arizona Revised Statutes; relating to behavioral health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-3408, Arizona Revised Statutes, is amended to read:
36-3408. Eligibility for behavioral health service system; dual diagnoses; screening process; required information
A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to this chapter shall comply with a preliminary financial screening and eligibility process developed by the Arizona health care cost containment system administration and administered at the initial intake level. A person who receives behavioral health services pursuant to this chapter and who has not been determined eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI services shall comply annually with the eligibility determination process. If the results indicate that the person may be eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI, in order to continue to receive services pursuant to this chapter, the applicant shall submit a completed application within ten working days to the social security administration, the department of economic security or the Arizona health care cost containment system administration, which shall determine the applicant's eligibility pursuant to title XVIII and for the medicare part D prescription drug benefit, section 36‑2901, paragraph 6, subdivision (a), section 36‑2931, paragraph 5 or section 36‑2981, paragraph 6 for health and medical or long‑term care services pursuant to chapter 29 of this title. The applicant shall cooperate fully with the eligibility determination process. If the person is in need of emergency services provided pursuant to this chapter, the person may begin to receive these services immediately provided that within five days from the date of service a financial screening is initiated.
B. An applicant who meets the eligibility criteria for an individual with a serious mental illness and who has a dual diagnosis of substance use, substance abuse or an alcohol disability shall be determined eligible for services as an individual with a serious mental illness.
B. C. Applicants who refuse to cooperate in the financial screening and eligibility process are not eligible for services pursuant to this chapter. A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant. Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. The department of economic security shall promptly inform the administration of the applications that are denied based on an applicant's failure to cooperate with the eligibility determination process and, on request, of applicants who do not submit an application as required by this section.
C. D. The department of economic security, in coordination with the administration, shall provide on‑site eligibility determinations at appropriate program locations subject to legislative appropriation.
D. E. This section only applies to persons who receive services that are provided pursuant to this section and that are paid for in whole or in part with state monies.
E. F. A person who requests treatment services under this chapter shall provide personally identifying information required by the administration.
F. G. Except as otherwise provided by law, this section and cooperation with the eligibility determination process do not entitle any person to any particular services that are subject to legislative appropriation.