Bill
Number: S.B. 1553
Fann
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
Competency
Restoration Treatment
1. Allows counties to use
any county revenue source to meet prescribed requirements for competency
restoration treatment funding.
2. Specifies that county
contributions related to competency restoration treatment funding are excluded
from expenditure limitations.
Arizona
Health Care Cost Containment System
3. Permits Seriously
Mentally Ill Housing Trust Fund (SMI HTF) monies to be spent for rental assistance for individuals with SMI,
upon approval from the Arizona Health Care Cost Containment System (AHCCCS).
4. Requires AHCCCS to
include the number of individuals who benefited from rental assistance in the
annual legislative report on the status of the SMI HTF.
5. Directs AHCCCS, by
January 31, 2022, to issue a report that measures the outcomes over a one-year
period of individuals who are SMI and who reside in secure behavioral health
residential facilities and prescribed information that must be included in the
report.
6. Allows AHCCCS to
contract with a third-party to collect report data.
Family
Caregiver Grant Program
7. Beginning January 1,
2020, establishes the Family Caregiver Grant Program (Program) within the
Department of Economic Security (DES) for individuals who have qualifying
expenses during a calendar year due to providing in-home care and support for a
qualifying family member.
8. Outlines eligibility
criteria to apply for a Family Caregiver Grant (Grant).
9. Specifies the Grant
amount is 50% of the qualifying expenses incurred by the applicant during the
calendar year and limits the Grant amount to $1,000 per qualifying family
member.
10. Prohibits a Grant recipient from
subsequently applying for a Grant for three consecutive calendar years.
11. Directs DES to certify Grant
applications on a first-come, first-served basis.
12. Prohibits awarded grants from exceeding
an aggregate of $500,000 in any calendar year.
13. Requires DES to include application
questions to aid in determining whether provided Grants delayed of prevented a
qualifying family member from entering a long -term care or assisted living
facility in the application year or in future years.
14. Allows DES to use the Advisory Council
on Aging to provide input on issues relating to the Program.
15. Establishes the Program Fund (Fund) to
be administered by the DES Director.
16. Specifies the fund consists of grants,
gifts, donations and legislative appropriations and that Fund monies are
continuously appropriated.
17. Requires that Fund expenditures from the
previous calendar year be reported to the Legislature by way of DES’s annual
report and prescribes report criteria.
18. Defines relevant terms.
19. Repeals the Program and Fund on July 1,
2023.
Miscellaneous
20. Makes a technical change.
Page 3,
between lines 10 and 11, insert:
"K. Notwithstanding any other law, a county may meet any
statutory funding requirements of this section from any source of county
revenue designated by the county, including funds of any countywide special
taxing district of which the board of supervisors serves as the board of directors."
Page 15,
between lines 35 and 36, insert:
"Sec. 11. Section
41-3955.01, Arizona Revised Statutes, is amended to read:
START_STATUTE41-3955.01. Seriously
mentally ill housing trust fund; purpose; report
A. The
seriously mentally ill housing trust fund is established. The director of the
Arizona health care cost containment system administration shall administer the
fund. The fund consists of monies received pursuant to section 44‑313
and investment earnings.
B. On
notice from the director of the Arizona health care cost containment system
administration, the state treasurer shall invest and divest monies in the fund
as provided by section 35‑313, and monies earned from investment shall be
credited to the fund.
C. Fund
monies shall be spent on approval of the Arizona health care cost containment
system administration solely for housing projects and rental
assistance for seriously mentally ill persons.
D. The
director of the Arizona health care cost containment system administration
shall report annually to the legislature on the status of the seriously
mentally ill housing trust fund. The report shall include a summary of
facilities for which funding was provided during the preceding fiscal year and
shall show the cost and geographic location of each facility and the number of
individuals benefiting from the operation, construction or renovation of the
facility. The report shall also include the number of
individuals who benefited from rental assistance. The report shall be
submitted to the president of the senate and the speaker of the house of
representatives no not later than
September 1 of each year.
E. Monies
in the seriously mentally ill housing trust fund are exempt from the provisions
of section 35‑190 relating to lapsing of appropriations.
F. An
amount not to exceed ten percent
of the seriously mentally ill housing trust fund monies may be
appropriated annually by the legislature to the Arizona health care cost
containment system for administrative costs in providing services relating to
the seriously mentally ill housing trust fund.
G. For
any construction project financed by the Arizona health care cost containment
system administration pursuant to this section, the administration shall notify
a city, town, county or tribal government that a project is planned for its
jurisdiction and, before proceeding, shall seek comment from the governing body
of the city, town, county or tribal government or an official authorized by the
governing body of the city, town, county or tribal government. The
Arizona health care cost containment system administration shall not interfere
with or attempt to override the local jurisdiction's planning, zoning or land
use regulations.END_STATUTE
Sec. 12. Title
46, chapter 2, Arizona Revised Statutes, is amended by adding article 9, to
read:
ARTICLE
9. FAMILY CAREGIVER GRANT PROGRAM
START_STATUTE46-341. Definitions
In
this article, unless the context otherwise requires:
1. "Department"
means the department of economic security.
2. "Director"
means the director of the department.
3. "Qualifying
expenses":
(a) Means
those expenses that relate directly to caring for or supporting a qualifying
family member.
(b) Includes:
(i) Improving
or altering the individual's primary residence, whether owned or rented by the
individual, to enable or assist the qualifying family member to be mobile, safe
or independent.
(ii) Purchasing
or leasing equipment or assistive care technology to enable or assist the
qualifying family member to carry out one or more daily living activities.
(c) Does
not include:
(i) Regular food, clothing or transportation
expenses or gifts provided to the qualifying family member.
(ii) Ordinary household
maintenance or repairs that are not directly related to and necessary for the
care of the qualifying family member.
(iii) Any amount that is
paid or reimbursed by insurance or by the federal government, this state or a
political subdivision of this state.
4. "Qualifying family member"
means an individual who meets all of the following requirements:
(a) Is at least eighteen
years of age during the calendar year.
(b) Requires assistance
with one or more activities of daily living as certified by a physician who is
licensed pursuant to title 32, chapter 13 or 17, a registered nurse
practitioner who is licensed pursuant to title 32, chapter 15 or a physician
assistant who is licensed pursuant to title 32, chapter 25.
(c) Is the individual's
spouse or the individual's or spouse's child, grandchild, stepchild, parent,
stepparent, grandparent, sibling, uncle or aunt, whether of the whole or half
blood or by adoption. END_STATUTE
START_STATUTE46-342. Family
caregiver grant program; requirements
A. Beginning January 1,
2020, the family caregiver grant program is established for individuals who
have qualifying expenses during a calendar year due to caring for and
supporting a qualifying family member in the individual's home.
B. To apply
for a family caregiver grant:
1. An individual must submit an
application to the department on a form prescribed by the department.
2. Be a resident of this state.
3. The individual's Arizona gross income,
together with any Arizona gross income of each qualifying family member, in the
taxable year may not exceed:
(a) $75,000 in the case of
a single person or a married person filing separately.
(b) $150,000 in the case
of a married couple filing a joint return.
4. The
individual must incur qualifying expenses during the calendar year in which the
individual applies for the grant for the care of one or more qualifying family
members.
5. The
individual must submit with the claim for the grant the qualifying family
member's name and relationship to the individual.
C. The
amount of the grant is equal to fifty percent of the qualifying expenses
incurred during the calendar year in which the individual applies for the grant
but not more than $1,000 for each qualifying family member.
D. An
individual who receives a grant under this section is not eligible to apply for
a grant under this section again for three consecutive calendar years.
E. The
department shall certify applications for the grant on a first‑come,
first‑served basis. The department may not award grants under this
section that exceed in the aggregate $500,000 for any calendar year. The
department shall include questions in the application to help the department
determine whether the grants that were provided delayed or prevented a
qualifying family member from entering a long‑term care facility or
assisted living facility in the calendar year of the application or future
calendar years.
F. The
department may use the advisory council on aging to provide input on approval
of applications for grants and whether an expense is a qualifying expense or
other issues relating to the grant program as determined by the department.END_STATUTE
START_STATUTE46-343. Family
caregiver grant program fund; report
A. The
family caregiver grant program fund is established. The director shall
administer the fund. The fund shall consist of grants, gifts, donations and
legislative appropriations. Monies in the fund are continuously appropriated.
Monies in the fund may be spent only for grants provided to individuals who are
caring for and supporting a qualifying family member in the individual's home
as specified in this article.
B. Expenditures from the family caregiver
grant program fund from the previous calendar year shall be reported to the
legislature in the course of the department's annual report. The
department shall include aggregated data summarizing the qualifying expenses
that were approved for grants, the types of individuals that qualified for the
grants and information about the ability for qualified family members to delay
entering a long‑term care facility or assisted living facility.
C. The state treasurer shall invest and
divest monies in the fund as provided by section 35-313, and monies earned from
investment shall be creditED to the fund.
D. Interest or other income derived from
the family caregiver grant program fund may be used only for the purposes of
this article. Interest or other income derived from the family caregiver grant
program fund may not be used to supplant other appropriations. END_STATUTE
Sec. 13. Delayed repeal
Title
46, chapter 2, article 9, Arizona Revised Statutes, as added by this act, is
repealed from and after June 30, 2023."
Renumber to conform
Page
20, between lines 8 and 9, insert:
"Sec. 19. Competency restoration; exclusion; county expenditure limitation
County
contributions made pursuant to section 13‑4512, Arizona Revised Statutes,
as amended by this act, are excluded from the county expenditure
limitations."
Renumber to
conform
Between
lines 36 and 37, insert:
"Sec. 23. AHCCCS; secure behavioral health residential facilities; report
On or before
January 31, 2022, the Arizona health care cost containment system
administration shall issue to the governor, the president of the senate and the
speaker of the house of representatives a report that measures the outcomes
over a twelve‑month period of persons who have been determined to be
seriously mentally ill and who reside in secure behavioral health residential
facilities licensed pursuant to section 36‑425.06, Arizona Revised
Statutes, as added by this act. The report shall include an analysis
of costs and effectiveness of the services provided in secure behavioral health
residential facilities that takes into consideration the encounters of the
seriously mentally ill residents related to inpatient care, emergency
department visits, hospitalization, civil commitment proceedings,
incarceration, homelessness, employment, community engagement and encounters
with police and fire personnel, including petitioning and contact with crisis
centers, citation in lieu of detention, jail bookings and other contact with
first responders. The administration may contract with a third‑party
entity to collect the data and compile the report. The
administration shall provide a copy of the report to the secretary of
state."
Renumber to
conform
Amend title to conform