ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2059: independent oversight committees; report; website |
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PRIME SPONSOR: Representative Barto, LD 15 BILL STATUS: Transmitted to Governor |
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Requires the Director of the Department of Administration
(ADOA) in conjunction with each Independent Oversight Committees (IOCs) to
adopt policies relating to the authority and responsibility of the IOCs.
History
A.R.S. §§ 41-3801 through 41-3804 contains the laws related to the IOC on persons with developmental disabilities, the IOC on children, youth and families, the IOC on the mentally ill and the general IOC statute.
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. Includes a cross-reference to Title 13 for the mentally ill who receive behavioral health services. (Sec. 1)
2. Clarifies that the IOC at the Arizona State Hospital (ASH) has oversight of 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. (Sec. 1)
3. Requires ASH to provide to the IOC on the mentally ill, subject to state and federal law, information regarding the following:
a. Seclusion of and the use of restraints on patients;
b. Incident accident reports;
c. Allegations of illegal, dangerous or inhumane treatment of patients;
d. Provisions of services to patients in need of special assistance.
e. Allegations of neglect and abuse; and
f. 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. (Sec. 1)
4. Requires the director of ADOA in conjunction with each IOC, to adopt policies rather than rules, relating to the authority and responsibility of the IOCs that defines the processes and procedures that each IOC and department or service provider must follow in fulfilling their purpose. (Sec. 2)
5. Requires the director to post proposed policies on ADOA's public website for a period of 30 days and provide for public comment. The director must consider public comment with adopting the proposed policies. (Sec. 2)
6. Mandates that each newly formed IOC adopt guidelines within the first three months of its formation. (Sec. 2)
7. Allows employees of DHS to serve on an IOC only as a nonvoting member. (Sec. 2)
8. Requires each IOC provide independent oversight to make recommendations to the director of any department and service provider subject to oversight. (Sec. 2)
9. Specifies that the director of the department shall deliver to the IOC a detailed written response to each written objection within 21 calendar days after receiving the objection from ADOA. (Sec. 2)
10. Includes the Department of Economic Security, the Department of Child Safety, DHS and the Arizona Health Care Cost Containment System as an entity to receive the IOC's annual report. (Sec. 2)
11. Requires ADOA to post on their website a copy of the agenda of each IOC's meeting and a copy of the annual report.
12. Adds clarifying language regarding the confidentiality of client informatjon and records. (Sec. 2)
13. Requires the department or a service provider to redact protected information. (Sec. 2)
14. Provides for an objection process for requested information or records and redacted information or records. (Sec. 2)
15. Requires DES and not the service provider to provide information and records and redact any necessary information for persons with developmental disabilities. (Sec. 2)
16. Requires an IOC that has responsibilities for clients who are seriously mentally ill, for a client who needs special assistance, any may, for any other client 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 IOC.. (Sec. 2)
17. States that if an IOC's request for information or records is denied, and if requested by the IOC, at least one representative of the department or service provider and at least one IOC member must meet and confer within five business days after the date of the request or on a later date that is agreed to by both parties and must in good faith attempt to resolve the objection informally and cooperatively. (Sec. 2)
18. Requires the director to promptly review a denial of information or records and, not later than 21 calendar days, the director must deliver to the IOC a written decision explaining in detail the factual and legal basis and reasoning for the department's decision. (Sec. 2)
19. Requires each IOC and each appropriate department and service provider to conduct activities in good faith to promote and protect the rights of persons who receive behavioral health services. (Sec. 2)
20. Makes technical changes. (Sec. 1 and2)
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24. Fifty-fourth Legislature HB 2059
25. First Regular Session Version 5: Transmitted
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