36-3410

36-3410. Regional behavioral health
authorities; contracts; monthly summaries; inspection; copying
fee; children's behavioral health and seriously mentally ill
services

A. If the department contracts with behavioral health contractors which would act
as regional behavioral health authorities or directly with a service provider for
behavioral health services, the department and each behavioral health contractor or
service provider shall prepare and make available monthly summary statements, in a format
prescribed by the department, that separately detail by title XIX and nontitle XIX and by
service category and service type, as defined by contract with the department, the number
of clients served, the units of service provided and the state and federal monies
distributed through the department to each regional behavioral health authority or direct
contract service provider and the amounts distributed by each regional behavioral health
authority or direct contract service provider to their subcontractors. The director may
require additional information in the monthly statement which the director determines to
be critical for proper regulation and oversight of the regional behavioral health
authority or the direct contract service provider.

B. For services provided directly by a regional behavioral health authority, the
maximum reimbursement to that regional behavioral health authority shall be thirty per
cent above the Arizona health care cost containment system fee for service rate for the
particular service rendered.

C. Except as provided in subsections D and E of this section, behavioral health
contractors under contract with the department to act as regional behavioral health
authorities may perform only managed care functions. Regional behavioral health
authorities and their subsidiaries shall not deliver behavioral health services directly
to clients. The prohibition on regional behavioral health authorities and their
subsidiaries delivering behavioral health services directly to clients shall be fully
implemented by September 1, 2009.

D. If a direct services behavioral health provider experiences contract performance
failure, the regional behavioral health authority, after receiving approval from the
department, may provide direct care services for only as long as necessary to assure
delivery of uninterrupted care to clients and either:

1. Accomplish the orderly transition of those members to a new provider or other
existing providers.

2. Until the provider in question reorganizes or otherwise corrects the contract
performance failure.

E. Subsection C of this section does not apply to a regional behavioral health
authority operated by a federally recognized Indian tribe.

F. In the contracts specified under subsection A of this section, the department
may include a provision to charge for services provided at the state hospital. The
charges are only for clients on whose behalf the contractor has been paid by the
department.

G. The summaries and the contracts on which they are based are open to public
inspection. The department and each regional behavioral health authority or direct
contract service provider shall make the summaries available for inspection and copying
at the office of each regional behavioral health authority or direct contract service
provider and at the department.

H. The department and a regional behavioral health authority or direct contract
service provider shall charge a copying fee which is not in excess of the actual cost of
reproduction or the amount charged by the secretary of state pursuant to section 41-126,
whichever is less.

I. Copying fees received by the department, pursuant to subsection H of this
section, shall be placed in the state general fund.

J. Monies appropriated for fiscal year 2001-2002 and each fiscal year thereafter
for children's behavioral health services shall be spent on services only as prescribed
by the appropriation and may not be used for any other purpose.

K. Monies appropriated for fiscal year 2007-2008 and each fiscal year thereafter
for seriously mentally ill services shall be spent on services only as prescribed by the
appropriation and shall not be used for any other purpose.