reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-203 - Protection from Abuse, Neglect, Exploitation, and Mistreatment

Current through Register Vol. 30, No. 28, July 12, 2024
A. No mental health
				agency shall mistreat a client or permit the mistreatment of a client by staff
				subject to its direction. Mistreatment includes any intentional, reckless or
				negligent action or omission which exposes a client to a serious risk of
				physical or emotional harm. Mistreatment includes but is not limited to:
1. Abuse, neglect, or exploitation;
2. Corporal punishment;
3. Any other unreasonable use or degree of
				force or threat of force not necessary to protect the client or another person
				from bodily harm;
4. Infliction of
				mental or verbal abuse, such as screaming, ridicule, or name calling;
5. Incitement or encouragement of clients or
				others to mistreat a client;
6.
				Transfer or the threat of transfer of a client for punitive reasons;
7. Restraint or seclusion used as a means of
				coercion, discipline, convenience, or retaliation;
8. Any act in retaliation against a client
				for reporting any violation of the provisions of this Chapter to the
				Administration; or
9. Commercial
				exploitation.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-204 - Restraint and Seclusion

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				mental health agency shall only use restraint or seclusion to the extent
				permitted by and in compliance with this Chapter, and other applicable federal
				or state law.
B. A mental health
				agency shall only use restraint or seclusion:
1. To ensure the safety of the client or
				another individual in an emergency safety situation;
2. After other available less restrictive
				methods to control the client's behavior have been tried and were
				unsuccessful;
3. Until the
				emergency safety situation ceases and the client's safety and the safety of
				others can be ensured, even if the restraint or seclusion order has not
				expired; and
4. In a manner that:
a. Prevents physical injury to the
				client,
b. Minimizes the client's
				physical discomfort and mental distress, and
c. Complies with the mental health agency's
				policies and procedures required in subsection (E) and with this
				Section.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-205 - Labor

Current through Register Vol. 30, No. 28, July 12, 2024
A. No client shall
				be required to perform labor which involves the essential operation and
				maintenance of the service provider or the regular care, treatment or
				supervision of other clients, provided however, that:
1. Only a residential service provider may
				require clients to perform activities related to maintaining their bedrooms,
				other personal areas, and their clothing and personal possessions in a neat and
				clean manner.
2. Clients may
				perform labor in accordance with a planned and supervised program of vocational
				and rehabilitation training as set forth in an ISP or ITDP developed according
				to Article 3 of this Chapter.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-206.01 - Informed Consent

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except in an
				emergency according to A.R.S. §§ 36-512 or 36-513 or
				R9-21-204,
				or a court order according to A.R.S. Title 36, Chapter 5, Articles 4 and 5, a
				mental health agency shall obtain written informed consent in at least the
				following circumstances:
1. Before providing
				a client a treatment with known risks or side effects, including:
a. Psychotropic medication,
b. Electro-convulsive therapy, or
c. Telemedicine;
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-207 - Medication

Current through Register Vol. 30, No. 28, July 12, 2024
A. Medication shall
				only be administered with the informed consent of the client or Title 36
				guardian. Information relating to common risks and side effects of the
				medication, the procedures to be taken to minimize such risks, and a
				description of any clinical indications that might require suspension or
				termination of the drug therapy shall be available to the client, guardian, if
				any, and the staff in every mental health agency. Such information shall be
				available to family members in accordance with A.R.S. §§
									36-504,
				36-509,
				and
				36-517.01.
B. All clients have a right to be free from
				unnecessary or excessive medication.
C. Medication shall not be used as
				punishment, for the convenience of the staff, or as a substitute for other
				behavioral health services and shall be given in the least amount medically
				necessary with particular emphasis placed on minimizing side effects which
				otherwise would interfere with aspects of treatment.
D. Medication administered by a mental health
				agency shall be prescribed by a licensed physician, certified physician
				assistant, or a licensed nurse practitioner.
1. Psychotropic medication shall be
				prescribed by:
a. A psychiatrist who is a
				licensed physician; or
b. A
				licensed nurse practitioner, certified physician assistant, or physician
				trained or experienced in the use of psychotropic medication, who has seen the
				client and is familiar with the client's medical history or, in an emergency,
				is at least familiar with the client's medical history.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-208 - Property and Possessions

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				mental health agency shall interfere with a client's right to acquire, retain
				and dispose of personal property, including the right to maintain an individual
				bank account, except where:
1. The client is
				under guardianship, conservatorship, or has a representative payee;
2. Otherwise ordered by court; or
3. A particular object, other than money or
				personal funds, poses an imminent threat of serious physical harm to the client
				or others. Any restriction on the client's control of property deemed to pose
				an imminent threat of serious physical harm shall be recorded in the client's
				record together with the reasons the particular object poses an imminent threat
				of serious physical harm to the client or others.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-209 - Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Records of a
				client who is currently receiving or has received services from a mental health
				agency are private and shall be disclosed only to those individuals authorized
				according to federal and state law.
B. Inspection by the client, the client's
				guardian, attorney, paralegal working under the supervision of an attorney, or
				any other designated representative shall be permitted as follows:
1. Except as prohibited by federal and state
				law, the client and, if applicable, the client's guardian shall be permitted to
				inspect and copy the client's record as soon as possible after a request, and
				no later than 10 working days after a request. If any portion of the client
				record is withheld under federal or state law, the mental health agency shall
				provide written notice to the client or, if applicable, the client's guardian
				including:
a. The reason the mental health
				agency is withholding a portion of the client's record,
b. An explanation of the client's right to a
				review of the decision to withhold a portion of the client's record,
				and
c. An explanation of the
				client's right to file a grievance according to Article 4 of this
				Chapter.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-210 - Policies and Procedures of Service Providers

Current through Register Vol. 30, No. 28, July 12, 2024
A. A mental health agency may establish
				policies and procedures for the provision of behavioral health services or
				community services that are consistent with Articles 1 through 5 of these rules
				and with all other requirements of Arizona law. No policy or procedure may
				restrict any right protected by these rules.
B. The mental health agency shall inform all
				prospective clients of its policies and procedures prior to the client or, if
				applicable, the client's guardian giving informed consent to the client's
				admission to the program according to R9-21-206.01(A)(3).
C. If a client acts in a manner that is
				seriously in disregard of a reasonable policy, the agency director shall make
				all reasonable efforts to respond to the situation, including making reasonable
				accommodation to the program's policy if the client's failure to conform to a
				reasonable policy is due to the client's disability.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-211 - Notice of Rights

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every mental
				health agency shall provide written notice of the civil and legal rights of its
				clients by posting a copy of AHC-CCS Form MH-211, "Notice of Client's Rights,"
				set forth in Exhibit A, in one or more areas of the agency so that it is
				readily visible to clients and visitors.
B. In addition to posting as required by
				subsection (A), a copy of ADHS Form MH-211, set forth in Exhibit B, shall be
				given to each client, or guardian if any, at the time of admission to the
				agency for evaluation or treatment. The person receiving the notice shall be
				required to acknowledge in writing receipt of the notice and the acknowledgment
				shall be retained in the client's record.
C. Every mental health agency shall provide
				written notice of the terms of A.R.S. §
									36-506 to each client upon
				discharge by giving the client a copy of ADHS Form MH-209, "Discrimination
				Prohibited".
D. All notices
				required by this rule shall be provided and posted in both English and
				Spanish.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Exhibit A - Notice of Legal Rights for Persons with Serious Mental Illness

Current through Register Vol. 30, No. 28, July 12, 2024
If you have a serious or chronic mental illness, you have
				  legal rights under federal and state law. Some of these rights include:
- The right to appropriate mental health services based on
				  your individual needs;
- The right to participate in all phases of your mental
				  health treatment, including individual service plan (ISP) meetings;
- The right to a discharge plan upon discharge from a
				  hospital;
- The right to consent to or refuse treatment (except in an
				  emergency or by court order);
- The right to treatment in the least restrictive
				  setting;
- The right to freedom from unnecessary seclusion or
				  restraint;
- The right not to be physically, sexually, or verbally
				  abused;
- The right to privacy (mail, visits, telephone
				  conversations);
- The right to file an appeal or grievance when you disagree
				  with the services you receive or your rights are violated;
- The right to choose a designated representative(s) to
				  assist you in ISP meetings and in filing grievances;
- The right to a case manager to work with you in obtaining
				  the services you need;
- The right to a written ISP that sets forth the services you
				  will receive;
- The right to associate with others;
- The right to confidentiality of your psychiatric
				  records;
- The right to obtain copies of your own psychiatric records
				  (unless it would not be in your best interests to have them);
- The right to appeal a court-ordered involuntary commitment
				  and to consult with an attorney and to request judicial review of court-ordered
				  commitment every 60 days;
- The right not to be discriminated against in employment or
				  housing.
If you would like information about your rights, you may
				  request a copy of the "Your Rights in Arizona as an Individual with Serious
				  Mental Illness" brochure or you may also call the Administration, Office of
				  Human Rights at 1-800-421-2124.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS › Exhibit B - Notice of Legal Rights for Persons with Serious Mental Illness

Current through Register Vol. 30, No. 28, July 12, 2024
NOTICE
Discrimination Prohibited
Pursuant to A.R.S. § 36-506 and
				  R9-21-101(B)
A.
				Persons undergoing evaluation or treatment pursuant to this Chapter shall not
				be denied any civil right, including, but not limited to, the right to dispose
				of property, sue and be sued, enter into contractual relationships and vote.
				Court-ordered treatment or evaluation pursuant to this Chapter is not a
				determination of legal incompetency, except to the extent provided in A.R.S.
				§
									36-512.
B. A person who is or has been evaluated or
				treated in an agency for a mental disorder shall not be discriminated against
				in any manner, including but not limited to:
1. Seeking employment.
2. Resuming or continuing professional
				practice or previous occupation.
3.
				Obtaining or retaining housing.
4.
				Obtaining or retaining licenses or permits, including but not limited to, motor
				vehicle licenses, motor vehicle operator's and chauffeur's licenses and
				professional or occupational licenses.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-301 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Responsibilities of the regional authority, clinical team, and case manager.
1. The regional authority is responsible for
				providing, purchasing, or arranging for all services identified in ISPs.
a. The regional authority shall perform all
				intake and case management for its region. The regional authority may contract
				with a mental health agency to perform intake or case management but only with
				the written approval of the Administration, which may be given in its sole
				discretion.
b. Other services may
				be provided directly by programs operated by the Administration or by the
				regional authority through contracts with service providers, or through
				arrangements with other agencies or generic providers.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-302 - Identification, Application, and Referral for Services of Persons with Serious Mental Illness

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				regional authority shall develop and implement outreach programs that identify
				individuals within the authority's geographic area, including persons who
				reside in jails, homeless shelters, or other settings, who are seriously
				mentally ill.
1. Inpatient facilities shall
				identify individuals in their respective facilities who are seriously mentally
				ill.
2. An individual identified
				under this subsection shall be referred in writing to the appropriate regional
				authority for a determination of eligibility as provided in this
				Article.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-303 - Eligibility Determination and Initial Assessment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of a request or referral for
				a determination of whether an individual is eligible for services under this
				Chapter, a regional authority shall schedule an appointment for an initial
				meeting with the applicant by a qualified clinician, to occur no later than
				seven days after the regional authority receives the request or
				referral.
B. During the initial
				meeting with an applicant by a qualified clinician, the qualified clinician
				shall:
1. Obtain consent to an assessment of
				the applicant from the applicant or, if applicable, the applicant's
				guardian;
2. Provide to the
				applicant and, if applicable, the applicant's guardian, the information
				required in R9-21-301(D)(2), a client rights brochure, and the notice required
				by R9-21-401(B);
3. Determine
				whether the applicant is competent, according to R9-21-206;
4. If, during the initial meeting with an
				applicant by a qualified clinician, the qualified clinician is unable to obtain
				sufficient information to determine whether the applicant is eligible for
				services under this Chapter:
a. Obtain
				authorization from the applicant or, if applicable, the applicant's guardian,
				for release of information, if applicable;
b. Request the additional information the
				qualified clinician needs in order to make a determination of whether the
				applicant is eligible for services under this Chapter; and
5. Initiate an assessment according to
				R9-21-305.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-304 - Interim and Emergency Services

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				At an applicant's first visit with a qualified clinician and after a
				determination of eligibility the qualified clinician shall:
1. Determine whether the applicant or client
				needs interim services prior to the development and acceptance of the
				ISP;
2. If the applicant or client
				needs interim services, identify the interim services that are consistent with
				the applicant's or client's preferences and needs and the findings in the
				assessment;
3. Arrange for the
				provision of the interim services identified by the qualified clinician;
				and
4. Document in the client's
				record the interim services that shall be provided to the applicant or
				client.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-305 - Assessments

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following
				individuals may participate in and contribute to the assessment of a client:
1. The client;
2. The qualified clinician in
				R9-21-303(B);
3. The client's case
				manager;
4. Each individual on the
				client's clinical team, including:
a.
				Behavioral health professionals,
b.
				Professionals other than behavioral health professionals,
c. Behavioral health technicians,
d. Family members,
e. Paraprofessionals, and
f. Any individual whom the qualified
				clinician and the client deem appropriate and necessary to ensure that the
				assessment is comprehensive and meets the needs of the client.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-306 - Identification of Potential Service Providers

Current through Register Vol. 30, No. 28, July 12, 2024
A. As soon as needs of the client for
				particular services are identified through the eligibility determination,
				assessment, or further evaluation processes, the clinical team in conjunction
				with the client shall begin considering and choosing potential service
				providers to participate in the development of the client's ISP.
1. Within five days of the completion of the
				assessment report, the clinical team and the client shall complete the
				identification of service providers most appropriate to meet the client's
				needs.
2. The case manager shall
				promptly contact the identified providers to determine their ability to serve
				the client.
3. Within 10 days of
				the completion of the assessment report, the case manager shall request
				identified providers able to serve the client to participate in the development
				of the client's Individual Service Plan. All identified providers shall be
				provided notice of the time and place of the ISP meeting.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-308 - Acceptance or Rejection of the Individual Service Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within seven days of the distribution of
				the ISP, the case manager shall contact the client concerning acceptance or
				rejection of all or any portion of the ISP, or request for other services, if
				there has not been acceptance, rejection or a request prior to that
				date.
B. If the client or guardian
				does not object to the ISP within 30 days of receipt of the plan, the client
				shall be deemed to have accepted the ISP.
C. If the client or guardian rejects some or
				all of the services identified in the ISP, or requests other services, the case
				manager shall provide written notice to the client or guardian of the right to
				immediately appeal the ISP according to R9-21-401 or to meet with the clinical
				team within seven days of the rejection to discuss the plan and suggest
				modifications. The case manager shall arrange the meeting at a convenient time
				and place for the client, any designated representative and/or guardian, and
				the clinical team.
D. If the
				client's proposed modifications are adopted by the clinical team, the case
				manager shall arrange for approval of the modifications by all service
				providers.
E. If the matter is not
				resolved to the client's or guardian's satisfaction, the case manager shall
				again inform the client or guardian of the right to appeal the ISP.
F. A client or guardian who rejects the ISP
				may accept some or all of the identified services pending the outcome of the
				meeting with the clinical team or an appeal.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-309 - Selection of Service Providers

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within seven days of the distribution of the ISP to the service providers
				identified in the ISP, the case manager, after consultation with the clinical
				team and the provider, shall determine whether each of these providers are
				capable of serving the client.
1. A
				contracted service provider shall not refuse to serve a client except for good
				cause related to the inability of the service provider to safely and
				professionally meet the client's needs as identified in the ISP.
2. If a contracted service provider believes
				it is incapable of meeting the client's needs or of implementing the ISP, the
				provider shall inform the case manager in writing within five days of receipt
				of the ISP. A contracted service provider shall specify the reasons for its
				conclusion.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-310 - Implementation of the Individual Service Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon acceptance of the ISP by the client
				or as defined in a court order, services shall be initiated in accordance with
				the timetable identified in the ISP.
B. If all or a portion of the ISP is rejected
				by the client or guardian, the plan shall not be implemented and services shall
				not be provided unless the client or guardian consents to specific
				services.
C. For each client who is
				identified as needing alternative housing, a new residential setting, or a
				residential support service, the case manager shall inform the client of the
				need for an alternative living arrangement and shall use the case manager's
				best efforts to obtain appropriate housing or residential supports. These
				efforts may include showing the client the house or apartment in which the
				client could reside, introducing the client to other residents of the
				residential setting, as appropriate, and permitting the client to live in the
				alternative setting on a trial basis. All clients shall be informed that they
				may elect to move at any time in the future subject to the terms of any lease,
				mortgage, contract, or other legal agreement between the client and the housing
				provider.
D. For at least the first
				two months after a client moves to a new residential setting, the case manager
				shall coordinate and monitor support services, as identified in the client's
				ISP, in order to foster the maintenance of the client's key relationships with
				others, to provide necessary orientation, and to ensure a smooth and successful
				transition into the new setting.
E.
				All contracts with service providers shall include:
1. A provision that the service provider
				shall abide by the rules contained in this Chapter and shall not alter,
				terminate, or otherwise interrupt services required under the ISP except parts
				of the ISP that have been modified according to R9-21-314;
2. A provision that the service provider
				shall cooperate with the Administration in collecting data necessary to
				determine if the Administration is meeting its obligations under this Chapter
				and A.R.S. Title 36, Chapter 5, Article 10; and
3. A provision that the service provider
				agrees to maintain current client records that document progress toward
				achievement of ISP goals and objectives and that meet applicable requirements
				of law, contract, and professional standards.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-311 - Alternative Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				services identified in the ISP are not currently available, the clinical team
				shall develop an alternative plan for alternative services, based upon the
				client's strengths, needs, and preferences as set forth in the assessment
				conducted according to R9-21-305. The plan for alternative services shall be
				developed after the preparation of the ISP.
B. The plan for alternative services shall be
				developed according to the same procedures for the preparation of an ISP and
				may be developed at the same meeting with the ISP if the clinical team is aware
				that appropriate services are not currently available. If at an ISP meeting the
				clinical team does not know whether the appropriate services are available, the
				clinical team shall use diligent efforts to locate the identified services. If
				appropriate services are determined to be unavailable, the ISP meeting shall be
				reconvened to develop an ISP for alternative services.
C. The plan for alternative services shall
				identify those available mental health and generic services which are, to the
				maximum extent possible, adequate, appropriate, consistent with the client's
				needs and least restrictive of the client's freedom.
D. The plan for alternative services shall
				contain a list of appropriate but unavailable services and the projected date
				for the initiation of each service.
E. If the clinical team determines that a
				recommended service is unavailable or does not exist, it shall forward a
				description of that service to the director of the regional authority. The
				director shall:
1. Use best efforts to locate
				the needed service through existing services or reallocated
				resources;
2. Forward a description
				of the unmet service need to the Administration, if the appropriate service
				cannot be located or developed through existing services or reallocated
				resources; and
3. maintain a list
				of unmet service needs.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-312 - Inpatient Treatment and Discharge Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. General provisions.
1. Every client of an inpatient facility
				shall have an Inpatient Treatment and Discharge Plan (ITDP).
2. An ITDP shall be developed by the
				inpatient facility's treatment team, the case manager and other members of the
				clinical team, as appropriate.
3.
				The ITDP shall include the most appropriate and least restrictive services
				available at the inpatient facility, as well as a plan for the client's
				discharge to the community.
4. The
				ITDP shall identify those treatment interventions and services which maximize
				the client's strengths, independence, and integration into the
				community.
5. The ITDP shall be
				developed with the fullest possible participation of the client and any
				designated representative and/or guardian.
6. The ITDP shall contain goals and
				objectives which are measurable and which facilitate meaningful evaluation of
				the progress toward attaining those goals and objectives.
7. The ITDP shall be written in language
				which can be easily understood by a lay person.
8. Delays in the assignment of a case manager
				or in the development or modification of an ISP or ITDP shall not be construed
				to prevent the appropriate discharge of a client from an inpatient
				facility.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-313 - Periodic Review of Individual Service Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. General provisions.
1. Where an ISP includes residential,
				vocational, or other primary service providers that do not currently serve the
				client, the first ISP review shall be held within 30 days from the date on
				which all such providers have initiated services to client. Each service
				provider shall bring to the review a detailed description of the objectives and
				services currently in effect for the client.
2. Where the ISP includes only primary
				service providers that currently serve the client, the first ISP review shall
				be held within six months of the date the ISP is accepted by the client or the
				date on which any appeal is concluded.
3. Thereafter, ISP reviews shall be conducted
				at least every six months and more frequently as needed. The ISP review shall
				be chaired by the case manager.
4.
				The purpose of the ISP review is to ensure that services continue to be, to the
				maximum extent possible, appropriate to the client's needs and least
				restrictive of the client's freedom.
5. The review shall be conducted with the
				fullest possible participation of the client and any designated representative
				and/or guardian.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-314 - Modification or Termination of Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. Requests for modifications or termination
				of an ISP or any portion of an ISP may be initiated at the ISP review or at any
				other time by:
1. The client;
2. Any designated representative and/or
				guardian;
3. A service provider;
				or
4. Any member of the clinical
				team.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 3 - INDIVIDUAL SERVICE PLANNING FOR BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-315 - Renumbered

Current through Register Vol. 30, No. 28, July 12, 2024
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-401 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A client or an
				applicant may file an appeal concerning decisions regarding eligibility for
				behavioral health services, including Title XIX services, fees and waivers;
				assessments and further evaluations; service and treatment plans and planning
				decisions; and the implementation of those decisions. Appeals regarding a
				determination of categorical ineligibility for Title XIX shall be directed to
				the agency that made the determination.
1.
				Disagreements among employees of the Administration, the health plan, clinical
				teams, and service providers concerning services, placement, or other issues
				are to be resolved using the Administration's guidelines, rather than this
				Article.
2. The case manager shall
				attempt to resolve disagreements prior to utilizing this appeal procedure;
				however, the client's right to file an appeal shall not be interfered with by
				any mental health agency or the Administration.
3. The Office of Human Rights shall assist
				clients in resolving appeals according to
				R9-21-104.
4. If a client or, if applicable, an
				individual on behalf of the client, files an appeal of a modification to or
				termination of a behavioral health service according to this Section, the
				client's non-Title IXX services shall continue while the appeal is pending
				unless:
a. A qualified clinician, and, if
				applicable, the Department of Economic Security, determines that the
				modification or termination is necessary to avoid a serious or immediate threat
				to the health or safety of the client or another individual; or
b. The client or, if applicable, the client's
				guardian agrees in writing to the modification or termination.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-402 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. It is the policy
				of the Administration to conduct investigations and bring matters to a
				resolution in four circumstances: first, in the event of a death of a client;
				second, whenever there is alleged to have occurred a rights violation; third,
				whenever there is alleged to exist a condition requiring investigation because
				it is dangerous, illegal or inhumane; and fourth, in any other case where an
				investigation would be in the public interest, as determined by the
				Administration. The purpose of
				R9-21-402 through
				R9-21-410 is to implement that
				policy. All investigations according to R9-21-402 through R9-21-410 shall be
				carried out in a prompt and equitable manner and with due regard for the
				dignity and rights of all persons involved. R9-21-402 through R9-21-410 do not
				obviate the need for systematically reporting, where appropriate, accidents and
				injuries involving clients.
B. This
				grievance and investigation procedure applies to any allegation that a rights
				violation or a condition requiring investigation, as defined in
				R9-21-101, has occurred or
				currently exists.
1. A grievance may be filed
				by a client, guardian, human rights advocate, Independent Oversight Committee,
				State Protection and Advocacy System, designated representative, or any other
				concerned person when a violation of the client's rights or of the rights of
				several clients has occurred.
2. A
				request for an investigation may be filed by any person whenever a condition
				requiring investigation occurs or has occurred.
3. Allegations about the need for or
				appropriateness of behavioral health services or community services should be
				addressed according to the Individual Service Planning Sections
				R9-21-301 through
				R9-21-314 and according to
				R9-21-401, as applicable.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-403 - Initiating a Grievance or Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any individual
				may file a grievance regarding an abridgement by a mental health agency of one
				or more of a client's rights in Article 2 of this Chapter,
B. Any individual may request an
				investigation regarding a condition requiring investigation.
C. An employee of or individual under
				contract with one of the following shall file a grievance if the employee has
				reason to believe that a mental health agency has abridged one or more of a
				client's rights in Article 2 of this Chapter or that a condition requiring
				investigation exists, and shall receive disciplinary action for failure to
				comply with this subsection:
1. A service
				provider,
2. A health
				plan,
3. An inpatient facility,
				or
4. The Administration.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-404 - Persons Responsible for Resolving Grievances and Requests for Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Allegations
				involving rights violations, except those involving physical abuse, sexual
				abuse, or sexual misconduct of a mental health agency, or as a result of an
				employee of a mental health agency, shall be addressed to and initially decided
				by the appropriate health plan.
1. If the
				mental health agency is operated exclusively by a governmental entity, then the
				allegation shall be addressed to and initially decided by the agency.
2. Allegations of physical abuse, sexual
				abuse, or sexual misconduct that occurred in a mental health agency, or as a
				result of an action of a person employed by a mental health agency, shall be
				addressed to and decided by the Administration.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-405 - Preliminary Disposition

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency
				director before whom a grievance or request for investigation has been
				initiated shall immediately take whatever action may be reasonable to protect
				the health, safety and security of any client, witness, individual filing the
				grievance or request for investigation, or individual on whose behalf the
				grievance or request for investigation is filed.
B. Summary disposition.
1. A mental health agency or the
				Administration may summarily dispose of any grievance or a request for an
				investigation where the alleged rights violation or condition occurred more
				than one year immediately prior to the date on which the grievance or request
				is made.
2. A mental health agency
				or the Administration who receives a grievance or request which is primarily
				directed to the level or type of mental health treatment provided to a client,
				which can be fairly and efficiently addressed within the procedures set forth
				in Article 3 and in
				R9-21-401, and which do not
				directly or indirectly involve any rights set forth in A.R.S. Title 36 or
				Article 2, may refer the grievance for resolution through the Individual
				Service Plan process or the appeal process in
				R9-21-401.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-406 - Conduct of Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 10 days
				of the appointment, the investigator shall hold a private, face-to-face
				conference with the person who filed the grievance or request for investigation
				to learn the relevant facts that form the grounds for the grievance or request,
				unless the grievance or request has been initiated by a mental health agency or
				the Administration according to
				R9-21-403(D) or
				(E).
1. In
				scheduling such conference, and again at the conference, if the client appears
				without a designated representative, the investigator shall advise the client
				that:
a. The client may be represented by a
				designated representative of the client's own choice. The investigator shall
				also advise the client of the availability of assistance from the State
				Protection and Advocacy System, the Office of Human Rights, and the relevant
				Independent Oversight Committee.
b.
				The client may make an audio tape of the conference and all future conferences,
				meetings or hearings to which the client may be a party during the
				investigation, provided that the client notify all other parties not later than
				the beginning of the meeting or hearing that the client intends to do
				so.
c. In any case where the person
				initiating the grievance or request, or the person(s) who is alleged to have
				been responsible for the rights violation or condition, is a client and is in
				need of special assistance and is unrepresented, the investigator shall give
				the Office of Human Rights notice of the need for representation.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Article 4 - APPEALS, GRIEVANCES, AND REQUESTS FOR INVESTIGATION FOR PERSONS WITH SERIOUS MENTAL ILLNESS › Section R9-21-407 - Administrative Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any grievant or
				the client who is the subject of the grievance who is dissatisfied with the
				final decision of the agency director may, within 30 days of receipt of the
				decision, file a notice of appeal with the Administration. The appealing party
				shall send copies of the notice to the other parties and their representatives
				and to the agency director who shall forward the full case record to the
				Administration.
B. The
				Administration shall review the notice of appeal and the case record, and may
				discuss the matter with any of the persons involved or convene an informal
				conference. Within 15 days of the filing of the appeal, the Administration
				shall prepare a written, dated decision which shall either:
1. Accept the investigator's report, in whole
				or in part, at least with respect to the facts as found, and affirm, modify or
				reject the decision of the agency director with a statement of reasons;
				or
2. Reject the investigator's
				report for insufficiency of facts and return the matter with instructions to
				the agency director for further investigation and decision. In such event, the
				further investigation shall be completed and a revised report and decision
				shall be delivered to the Administration within 10 days. Upon receipt of the
				report and decision, the Administration shall render a final decision,
				consistent with the procedures set forth in subsection (B)(1).
3. A designated representative shall be
				afforded the opportunity to be present at any meeting or conference convened by
				the Administration to which the represented party is invited.
4. The Administration shall send copies of
				the decision to:
a. The parties, together with
				a notice of appeal rights according to A.R.S. §
											41-1092.03;
b. The agency director; and
c. The Office of Human Rights and the
				applicable Independent Oversight Committee for all clients, including clients
				who are in need of special assistance.