State SealARIZONA HOUSE OF REPRESENTATIVES


 

HB 2059: independent oversight committees; report; website

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: House Engrossed

                                               

 

Overview

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires the Director of the Department of Administration (ADOA) to adopt rules relating to the authority and responsibility of Independent Oversight Committees (IOCs).

History

The IOC on the mentally ill was established in ADOA to promote the rights of persons who receive behavioral health services. Each region covered by a regional behavioral health authority is required to have at least one IOC with the authority and responsibilities as prescribed by ADOA. (A.R.S. § 41-3803)

Provisions

1.       Mandates that each IOC and ADOA post a copy of the annual report on their website. (Sec. 1)

2.       Specifies that the IOC at the Arizona State Hospital (ASH) have oversight of civil and forensic patients hospitalized at ASH. (Sec. 1)

3.       Requires the Director of ADOA to adopt rules relating to the authority and responsibility of            independent oversight committees. (Sec. 2)

4.       Asserts that the rules must include the processes and procedures that each IOC and department subject to oversight must follow when conducting the oversight including:

a.       Rules relating to the form of requests to a department and timely responses to requests for information from a department; and

b.       Timely responses to requests for information from a department in a timely manner. (Sec. 2)

5.       Specifies that each IOC shall provide independent oversight to conduct research in the field on mental health. (Sec. 2)

6.       Specifies that each IOC make recommendations to the director of any department or service provider subject to oversight under this article. (Sec. 2)

7.       Provides that each committee must submit written objections to specific problems or violations of client rights by employees from the appropriate department or service providers to the director of ADOA. (Sec. 2)

8.       Requires each committee to issue an annual report of its activities and recommendations to the director of ADOA, in addition to the legislature. (Sec. 2)

9.       Requires committee members and consultants to have access to client information and records, including any incident reports or investigations conducted by or at the request of a department relating to any possible abuse, neglect or denial of client rights. (Sec. 2)

10.   States within its jurisdiction, each IOC must, for a client who needs special assistance, and may, for any other client:

a.       Make regular site visits to a residential environment; and

b.       Meet with the client, including a client who needs special assistance, in a residential environment to determine the client's satisfaction with the residential environment. (Sec. 2)

11.   Provides that if a committee's request for information or records from a department is denied, the committee may request in writing that the director of ADOA review the decision. (Sec. 2)

12.   Stipulates that ADOA must prepare a written decision explaining the basis and reasoning for the decision to deny a committee's request for information and to deliver to the committee no later than eight business days after receiving the request. (Sec. 2)

13.   Makes technical changes. (Sec. 1 and2)

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17.   Fifty-fourth Legislature                       HB 2059

18.   First Regular Session                            Version 2: Caucus & COW

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