36-3403
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36-3403. Powers and duties of the deputy director; study; capitation rates A. The deputy director may, on approval of the director: 1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties of the division, subject to legislative appropriation. 2. Contract for the services of consultants and other persons which are reasonably necessary to enable the division to carry out its functions and duties, subject to legislative appropriation. 3. Contract and incur obligations which are reasonably necessary within the general scope of the division. 4. Adopt rules which are necessary to carry out the requirements of the division. 5. Contract or enter into intergovernmental agreements with other public and private nonprofit agencies and entities. 6. Use monies, facilities or services to provide matching contributions under federal or other programs which further the objectives and programs of the division. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs which are consistent with the general purposes and objectives of the division. 8. Lease at fair market value real property currently occupied by the southern Arizona mental health center for the purposes of operating a private nonprofit behavioral health care facility. Monies collected from the lease of the real property shall be deposited into the building renewal fund established pursuant to section 36-545.09. B. The deputy director shall administer: 1. Unified mental health programs, to include the functions of the state hospital and community mental health. 2. Addictive behavior programs to include alcohol and drug abuse. C. Notwithstanding any other law the deputy director may waive or reduce the requirements for local match. D. The superintendent of the Arizona state hospital shall be appointed by the deputy director, subject to the approval of the director, and shall report directly to the deputy director. E. The department shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to providers of behavioral health services. The department may require, and the department's contracted providers shall provide, financial data to the department in the format prescribed by the department to assist in the study. A complete study of reimbursement rates shall be completed no less than once every five years. The department shall provide the report to the joint legislative budget committee and the Arizona health care cost containment system administration by October 1, 2002 and by October 1 of each year thereafter. The department shall include the results of the study in its yearly capitation request to the Arizona health care cost containment system administration. If results of the study are not completely incorporated into the capitation rate, the Arizona health care cost containment system administration shall provide a report to the joint legislative budget committee within thirty days of setting the final capitation rate, including reasons for differences between the rate and the study. F. Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate. |