House of Representatives

SB 1060

state hospital; bed capacity

Sponsors: Senators Gerard, Nichols, Hartley

 

DPA

Committee on Health

X

Caucus and COW

 

 

As Passed the House

 

SB 1060 allows the Department of Health Services to temporarily establish a waiting list for admission of adults that are civilly committed for treatment or found guilty except insane into the Arizona State Hospital when it reaches its funded capacity.  Extends the expiration date of a previous 1999 waiting list provision for admission for adults under restoration for competency and adolescents from June 2001 to June 2003.

 

History

The Arizona State Hospital is the only single state operated psychiatric inpatient facility.  The hospital provides inpatient care and treatment for persons with serious mental illness who are court-ordered to the facility on either a civil or criminal commitment.  The hospital currently has 335 available beds to serve eleven different populations:

1.      Adult Civil – Court ordered                                               

2.      Adult Civil – Placed by a guardian

3.      Adult Forensic - Restoration to competency                       

4.      Adult Forensic – Observation awaiting trial

5.      Adult Forensic – Not guilty by reason of insanity    

6.      Adult Forensic – Guilty except insane

7.      Adult Forensic - Death row inmate/Restore to competency

8.      Adult Female Forensic- Transfer of prisoner           

9.      Adolescent Civil

10.  Adolescent Forensic

11.  Sexually Violent Persons

Since the hospital operates as an inpatient facility, it is eligible for accreditation to receive Medicare funding from the Health Care Finance Administration (HCFA). 

 

According the DHS, in 1997 the hospital received approximately $29.1 million in federal monies through its Medicare accreditation. Due to staffing shortages, overcrowding and a lack of active treatment and physical deficiencies, the hospital had to withdraw from the Medicare program in June 1997.

 

During the 1999 legislative session, HB 2478 passed to temporarily establish a waiting list for admission of adults under restoration for competency and adolescents into the Arizona State Hospital when it reaches its funded capacity.  The bill was drafted to prevent overcrowding and maintain safe conditions in the hospital.

 

The hospital became re-certified for Medicare last year and during the 2000 legislative session $80 million was appropriated for new hospital construction and renovation.  Most of the hospital construction is scheduled for completion in 2003.

 

SB 1060 extends the waiting list provision in statute established in 1999 for adults under restoration for competency and adolescents for two more years.  The bill also establishes the same provision in statute for adults that are civilly committed for treatment or found guilty except insane to avoid census violations during hospital construction that could jeopardize the Medicare accreditation of the hospital.

 

Provisions

·                      Stipulates that a person found guilty except insane shall be committed to a state mental health facility subject to availability of monies appropriated by the legislature.  Establishes a repeal date of June 30, 2003.

·                      Requires the legislature to identify the funded capacity at the Arizona State Hospital for adult guilty except insane for men and women. Allows the superintendent of the Arizona State Hospital to establish a waiting list if the hospital has reached funded capacity for either men or women based on the date of the court order.  Provides a repeal date of June 30, 2003.

·                      Requires the county or city of jurisdiction to pay the costs of inpatient competency restoration treatment to court approved programs other that the Arizona State Hospital.  Current statute requires the payment of these costs only to the Arizona State Hospital.

·                      Requires the legislature to identify the funded capacity at the Arizona State Hospital for adult civil commitment for men and women. Allows the superintendent of the Arizona State Hospital to establish a waiting list if the hospital has reached funded capacity for either men or women based on the date of the court order.  Establishes a repeal date of June 30, 2003.

·                      Extends for two more years a 1999 statutory provision to allow the superintendent of the Arizona State Hospital to establish a waiting list if the hospital has reached funded capacity for adults under restoration for competency and adolescents based on the date of the court order or commitment order.  Establishes a repeal date of June 30, 2003.

 

SB 1060 was amended in the Health Committee as follows:

·                      Removes language “subject to the availability of monies” for guilty except insane as a provision for acceptance into the ASH.

·                      Allows ASH to defer the admission a person found guilty except insane for 30 days from the order if the hospital has reached licensed capacity.  Individuals will be in the custody of the county of jurisdiction and the county will receive payment for holding these individuals.  If the person has not been placed within the time limit, ASH will notify the sentencing court, prosecutor and defense counsel of this fact.  One of these parties may request a hearing that the court shall set within 10 days of the request.

·                      Reduces the expiration date of all of the waiting list provisions from two years to one year.

 

 

 

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45th Legislature                                                                                                                                   

First Regular Session                                       3                                                          March 27, 2001

 

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