mental health treatment
procedures
HB 2480 removes the requirement for the Department of Health Services to develop a statewide plan of community residential treatment for persons with serious mental illness.
Laws 1980, Ch. 227 created a statewide plan for community residential treatment that included types of treatment necessary for chronically mentally ill (now seriously mentally ill) persons, as well as legislative intent to provide adequate treatment in the least restrictive alternative available. This mandate for care led to Arnold v. Sarn, filed by the Arizona Center for Law in the Public Interest on March 26, 1981. The lawsuit alleged a breach of duty by the defendants in providing an adequate system of community resources for persons with serious mental illness, and named The Department of Health Services (DHS), the Arizona State Hospital and Maricopa County as defendants (The Governor was added to the list of defendants in June 2000). In August 1986, a judgement was entered confirming that the state had violated its statutory duty and in 1989, the judgement was upheld in the Arizona Supreme Court. The joint stipulation and exit criteria were accepted in February 1996, and a supplemental agreement was entered in December 1998. The Leff Report was released in July 1999, after being commissioned by DHS to determine the resources necessary to meet the exit criteria of the lawsuit. The Report estimated that it would take approximately $528 million annually to meet the needs of the seriously mentally ill under the exit criteria of Arnold v. Sarn.
Since then, two major factors have increased funding of services for persons with serious mental illness. The first was accomplished through Laws 2000, 5th Special Session, Ch. 2 which appropriated $50 million from tobacco settlement monies to provide community housing, vocational rehabilitation and other recovery support services to persons with serious mental illness. The second was the passage of Proposition 204, a voter initiative which expanded the definition of an eligible person for the Arizona Health Care Cost Containment System (AHCCCS) to include any person with an income level up to 100% of the federal poverty level. Currently it is estimated that FY 2001-2002 funding for services related to persons with serious mental illness is around $309 million.
· Removes the requirement for the Deputy Director of the Division of Behavioral Health Services (DBHS) under DHS to develop a statewide plan for a community residential treatment system for seriously mentally ill persons.
· Allows, instead of requires, DBHS to contract for services relating to seriously mentally ill persons.
· Makes technical and conforming changes.
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45th Legislature
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Second Regular Session 2 March
29, 2002
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