11-293

11-293. Long-term care; counties; duties;
requirements for payment; home health care

A. From and after October 1, 1989, each county shall provide nursing care
institution services, supervisory care services or adult foster care services for
indigent persons qualified for hospitalization and medical care pursuant to this article
who were receiving services pursuant to this section on September 30, 1989 or who had
requested to be screened pursuant to subsection F of this section, and who are not
determined eligible for long-term care pursuant to title 36, chapter 29, article 2. If a
person was determined ineligible under title 36, chapter 29, article 2 because that
person did not meet the resource requirements pursuant to section 36-2934, a county may
bill and collect from that person the actual cost of services provided pursuant to this
section until such time as the person's remaining resources equal the maximum resource
limit allowable under title 36, chapter 29, article 2. Notwithstanding any law to the
contrary, a county shall not reduce the eligibility standards, benefit levels and
categories of services in effect on March 1, 1988 for persons eligible pursuant to this
section.

B. The standards adopted by a board of supervisors shall provide that a portion of
the indigent person's income allowed pursuant to this section shall be retained by the
person for the person's personal use. This portion shall not be less than fifteen per
cent of the maximum benefit available under title XVI of the federal social security act,
as amended. As provided by state and federal law, counties may file a claim against a
person's estate to recover paid assistance. For the purposes of this article, the
counties may impose liens according to state and federal law on the property of these
persons.

C. The medical, nursing and social needs of the indigent person eligible pursuant
to subsection A of this section shall be evaluated annually in order to provide placement
of the indigent person in the least restrictive health care environment possible.

D. A nursing care institution, supervisory care home or adult foster care provider
is not eligible for payment of the costs of providing health care services to an indigent
person pursuant to this section unless the person has been determined to be eligible for
placement pursuant to this section.

E. A person shall not be placed in a supervisory care home or with an adult foster
care home provider pursuant to this article unless home health care services and
outpatient medical services, as necessary, are provided as a condition of the placement.

F. A county shall screen members as defined in section 36-2901 or persons eligible
pursuant to this article within eight days, excluding Saturdays and holidays, if there is
a written request for such screening before October 1, 1989, including a request by a
contractor as defined in section 36-2901. The screening shall determine whether
placement is appropriate in a nursing care institution or adult foster care home. The
county shall also determine eligibility for such members or persons within this eight day
period, excluding Saturdays and holidays. If the county determines that placement is
appropriate, it shall place the person at the appropriate level of care within ten days,
excluding Saturdays and holidays, after the written request for screening. The member's
provider who contracts with the administration pursuant to section 36-2904, subsection A
is responsible for the member's care until the county screens and places the member.

G. If the county does not complete the eligibility determination, screening and
placement of a member or person determined appropriate for placement in the specified
time period, the county shall reimburse the Arizona health care cost containment system
for the medical expenses incurred or paid for which the Arizona health care cost
containment system would not have been responsible except for the county's failure to
determine eligibility, screen and place the person within the specified time period.

H. If a dispute arises between the Arizona health care cost containment system,
including contractors as defined in section 36-2901, and the county regarding the
appropriateness of placement in long-term care for persons eligible pursuant to
subsection A of this section, the dispute shall be submitted to a multidisciplinary
review board designated by the board of supervisors. The review board shall consist of
one physician, one nurse and one social worker, and two appropriate representatives from
the Arizona health care cost containment system administration. If the review board
determines that the long-term care was appropriate when requested the county shall
reimburse the Arizona health care cost containment system for the medical expenses
incurred or paid for which the Arizona health care cost containment system would not have
been responsible except for the county's failure to determine eligibility, screen and
place the person within the specified time period.