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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
inmates; medical institution; release
Purpose
Allows the Director of the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to release an inmate from custody for placement in a contracted medical institution if written confirmation is received from the Arizona Health Care Cost Containment System (AHCCCS) administration that the inmate qualifies for enrollment in the Arizona Long-Term Care System (ALTCS).
Background
The Director of ADCRR (Director) must provide medical and health services for prisoners who are sentenced to ADCRR and may contract for professional services to assist in carrying out this responsibility. The Director may also provide for the psychiatric care of prisoners who display symptoms of mental disorder to such a degree that transfer to the Arizona State Hospital, a licensed behavioral health facility or a mental health inpatient treatment facility is warranted. Prisoners transferred to outside facilities remain in the legal custody of ADCRR (A.R.S. §§ 31-201.01 and 31-226).
AHCCCS administers Arizona's Medicaid program, including ALTCS, which
provides long-term care services to eligible persons through contracted
providers. An eligible person for ALTCS must meet categorical, medical, and
financial eligibility requirements, including being 65 years of age or older,
blind or disabled, meeting income and resource limits, being a U.S. citizen or
qualified noncitizen and being a resident of Arizona. ALTCS provides coverage
for
long-term care services, which include institutional services in a nursing care
institution or other licensed health care institutions, as well as home and
community-based services delivered through contracted providers. AHCCCS
contracts with managed care organizations or program contractors to provide
covered services to enrolled members and oversees eligibility determinations,
service authorization and payment for long-term care services (A.R.S. §§ 36-2901;
36-2931;
36-2932;
and 36-2934).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Director, notwithstanding any other law, to release an inmate from custody for placement in a contracted medical institution if written confirmation is received from AHCCCS administration that the inmate qualifies for enrollment in ALTCS.
2. Requires the medical institution contracted to care for a released inmate to allow freedom of movement and association within the institution and use of internal community resources.
3. Prohibits limitations on an inmate based solely on inmate status unless increased supervision is required due to medical condition or age.
4. Allows the Director and designees employed by ADCCR to facilitate inmate release and requires release decisions to be based on an AHCCCS assessment of financial and medical eligibility for ALTCS.
5. Requires the Director or designee to establish a process allowing an inmate or interested party to request a preliminary baseline eligibility determination for release to a medical institution.
6. Stipulates that the baseline eligibility determination is separate from the ALTCS eligibility determination.
7. Requires notification of whether the inmate meets preliminary baseline eligibility requirements for ALTCS to be issued within 30 days of receipt of the request.
8. Stipulates that meeting preliminary baseline eligibility requirements is not an assurance that the inmate will qualify for ALTCS.
9. Requires an inmate to coordinate with AHCCCS for full eligibility evaluation after a preliminary baseline eligibility determination.
10. Prohibits an inmate from receiving covered ALTCS services until released to a medical institution.
11. Requires the Director to inform the inmate of eligibility for release within 15 days after receiving written confirmation of ALTCS eligibility from AHCCCS.
12. Requires the Director to notify the victim, on request, if an inmate is determined eligible for medical release and requires the notice to include the date of release and the address of the medical institution of the inmate.
13. Requires an inmate to be returned to Department custody if the inmate no longer meets ALTCS eligibility requirements.
14. Determines baseline eligibility on if the inmate meets the following requirements:
a) is at least 65 years of age, blind or has a debilitating illness;
b) is a United States citizen or a qualified immigrant;
c) has a social security number or is eligible to apply for a social security number; and
d) is a resident of this state.
15. Defines debilitating illness as any of the following for which an inmate has been diagnosed by a treating provider or physician:
a) a terminal illness that will reduce the individual's life expectancy;
b) a serious illness that results in the inability to independently perform one or more activities of daily living;
c) a life threatening illness that can be more appropriately treated outside the correctional facility and for which the more appropriate treatment may prevent premature death; or
d) a serious functional or cognitive impairment or deteriorating physical or mental health due to the aging process that results in the inability to independently perform one or more activities of daily living.
16. Defines eligible person and medical institution.
17. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the definition of disability and replaces it with a definition for debilitating illness.
Senate Action
JUDE 2/18/26 DPA 7-0-0
Prepared by Senate Research
February 16, 2026
ZD/MY/ci