First Regular Session H.B. 2059
PROPOSED
SENATE AMENDMENTS TO H.B. 2059
(Reference to House engrossed bill)
Page 1, line 8, after "to" insert ":
1. Section 13‑3994.
2."
Page 2, line 5, after "department" insert "of administration"
Line 6, after "post" insert "on the department's website a copy of the agenda of each independent oversight committee's meetings and"
Line 7, strike "on its website"
Line 9, after "of" strike remainder of line
Strike line 10, insert "patients who have been determined to have a serious mental illness and who are hospitalized and receiving behavioral health services at the civil and forensic hospital pursuant to subsection A of this section. The arizona state hospital shall provide to the committee, subject to state and federal law, information regarding the following:
1. Seclusion of and the use of restraints on patients.
2. Incident accident reports.
3. Allegations of illegal, dangerous or inhumane treatment of patients.
4. Provisions of services to patients in need of special assistance.
5. Allegations of neglect and abuse.
6. Allegations of denial of rights afforded to patients with serious mental illness except where a right may be restricted for the safety of a patient, the state hospital or the public."
Line 18, after "administration" insert ", in conjunction with each independent oversight committee,"
Page 2, line 19, strike "rules" insert "policies"
Line 20, strike "include" insert "define"
Line 22, after "department" insert "or service provider"; strike "in conducting"
Strike lines 23 and 24
Line 25, strike "manner" insert "in fulfilling the purposes of section 41-3803 and this section. Before adopting the policies, the director shall post the proposed policies on the department's public website for a period of thirty days and provide for public comment. The director shall consider the public comments when adopting the proposed policies"
Line 30, after "vote" insert ". Each newly formed committee shall adopt these guidelines"
Line 32, after "article" insert ", title 38, chapter 3, article 3.1 or the policies adopted by the director"; strike "of the department"
Line 33, strike "department's"
Line 34, strike the third comma insert "that are applicable to the independent oversight committees"
Line 43, strike "and" insert a comma; after "administration" insert ", the department of health services"
Page 3, line 5, after "director" insert "of the department of administration"
Strike line 13
Renumber to conform
Line 14, strike "or" insert "and"
Line 20, strike "employees from"
Line 21, strike "appropriate"; strike "providers to" insert "provider through"
Line 22, after "review" insert "by the director of the department that is responsible for the client"; after "director" insert "of the department"; strike "respond, in"
Line 23, strike "writing," insert "deliver to the committee a detailed written response"; after "to" insert "each"; strike "objections" insert "objection"; after "twenty-one" insert "calendar"
Page 3, line 24, strike "objections" insert "objection from the department of administration"
Line 26, strike "for changes" insert ", if any,"
Line 27, after the first comma insert "the director of the department of economic security, the director of the department of child safety, the director of the department of health services, the director of the Arizona health care cost containment system,"
Line 31, strike the first "the" insert "a"
Line 32, strike "or"; strike "employee from the appropriate department"
Line 33, strike "it" insert "the committee"
Line 34, after "employee" insert "or consultant"; strike "the" insert "a"
Line 35, strike "appropriate"
Line 38, after "federal" insert "and state"; after the comma insert "attorney client privilege and attorney work product doctrine and to the extent necessary to conduct committee duties,"
Line 40, after "reports" insert ", incident reports and investigation reports"
Line 43, after the comma strike remainder of line
Strike line 44
Line 45, strike "any possible abuse, neglect or denial of clients' rights,"
Page 4, line 1, strike "the appropriate" insert "a"; after the comma insert "service"
Line 2, strike "to the extent necessary to conduct committee duties"; after the period insert "The department or service provider shall redact protected information in documents if the department or service provider determines in good faith that the information is protected under this section. If the department or service provider in good faith determines that the information or records requested by a committee cannot be provided even in a redacted form pursuant to federal law, attorney client privilege or attorney work product doctrine, the department or service provider shall object in writing to the request within the time frame set forth under subsection G of this section in a manner that, without revealing the information that is believed to be protected, enables the requesting committee to understand the basis on which the department or service provider determined the information or records are protected."
Page 4, line 4, after "as" insert "strictly"
Line 18, strike the colon
Strike lines 19 through 22, insert "who is seriously mentally ill make regular site visits to a residential environment and meet with the client in a residential environment to determine the client's satisfaction with the residential environment, if each client or the client's guardian is given the right to decline for any reason and without explanation to participate in any part of a site visit conducted by any independent oversight committee."
Line 24, after "department" insert "or service provider"; after the comma insert "including an objection pursuant to subsection J of this section, and if requested by the committee, at least one representative of the department or service provider and at least one committee member shall meet and confer within five business days after the date of the request and shall in good faith attempt to resolve the objection informally and cooperatively. After meeting and conferring, "
Line 25, strike "the" insert "a"; strike "of administration"
Line 26, after "shall" insert "timely"; strike "within five business days" insert "and, not later than twenty-one calendar days,"
Line 27, after "review" insert ", the director shall deliver to the committee a written decision explaining in detail the factual and legal basis and reasoning for the department's decision"; after the period strike remainder of line
Strike lines 28 and 29
Line 30, strike "receiving the request for review."
Page 5, after line 19, insert:
"S. Each independent oversight committee and each appropriate department and service provider shall at all times conduct activities provided in this section in good faith to promote and protect the rights of persons who receive behavioral health services pursuant to title 36, chapters 5 and 34."
Amend title to conform