Ariz. Admin. Code § 9-21-105

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-21-105 - Independent Oversight Committees

A. According to A.R.S. §§ 41-3803 and 41-3804, the Department of Administration shall establish Independent Oversight committees to provide independent oversight to ensure that the rights of clients are protected. The Administration shall establish at least one human rights committee for each region and the Arizona State Hospital. Upon the establishment of a human rights committee, if more than 2,500 clients reside within a region, the Administration shall establish additional human rights committees until there is one human rights committee for each 2,500 clients in a region.

B. Each human rights committee shall be composed of at least seven and not more than 15 members. At least two members of the committee shall be clients or former clients, at least two members shall be relatives of clients, two members shall be parents of enrolled children and at least three members shall have expertise in one of the following areas: psychology, law, medicine, education, special education, social work, or behavioral health services.

C. The Department of Administration shall appoint the initial members to each regional committee and the Independent Oversight committee for the Arizona State Hospital. Members shall be appointed to fill vacancies on an Independent Oversight committee, subject to the approval of the committee.

D. Each committee shall meet at least four times each year. Within three months of its formation, each committee shall establish written guidelines governing the committee's operations. These guidelines shall be consistent with A.R.S. §§ 41-3803 and 41-3804. The adoption and amendment of the committee's guidelines shall be by a majority vote of the committee and shall be submitted to the Administration for approval.

E. No employee or individual under contract with the Administration, regional authority, or service provider may be a voting member of a committee.

F. If a member of an Independent Oversight committee or the Independent Oversight committee determines that a member has a conflict of interest regarding an agenda item, the member shall refrain from:

1. Participating in a discussion regarding the agenda item, and

2. Voting on the agenda item.

G. Each committee shall, within its respective jurisdiction, provide independent oversight and review of:

1. Allegations of illegal, dangerous, or inhumane treatment of clients;

2. Reports filed with the committee under R9-21-203 and R9-21-204 concerning the use of seclusion, restraint, abuse, neglect, exploitation, mistreatment, accidents, or injuries;

3. The provision of services to clients identified under R9-21-301 in need of special assistance

4. Violations of rights of clients and conditions requiring investigation under Article 4 of this Chapter;

5. Research in the field of mental health according to A.R.S. § 41-3804(E); and

6. Any other issue affecting the human rights of clients.

H. Within its jurisdiction, each Independent Oversight committee shall, for a client who needs special assistance, and may, for other clients:

1. Make regular site visits to residential environments;

2. Meet with the client, including a client who needs special assistance, in residential environments to determine satisfaction of the clients with the residential environments; and

3. Inspect client records, upon written request to the Administration, including client records for clients who need special assistance, except as prohibited by federal or state law and a client's right to privacy.

I. A committee may request the services of a consultant or staff person to advise the committee on specific issues. The cost of the consultant or staff person shall be assumed by the Administration or health plan subject to the availability of funds specifically allocated for that purpose. A consultant or staff person may, in the sole discretion of the committee, be a member of another committee or an employee of the Administration, health plan, or service provider. No committee consultant or staff person shall vote or otherwise direct the committee's decisions.

J. Committee members and committee consultants and staff persons shall have access to client records according to A.R.S. §§ 36-509(A)(11) and 41-3804(I). If an Independent Oversight committee's request for information or records is denied, the committee may request a review of the decision to deny the request according to A.R.S. § 41-3804(J). Nothing in this rule shall be construed to require the disclosure of records or information to the extent that such information is protected by A.R.S. § 36-445 et seq.

K. On the first day of the months of January, April, July, and October of each year, each committee shall issue a quarterly report summarizing its activities for the prior quarter, including any written objections to the Department of Administration according to A.R.S. § 41-3804, and make any recommendations for changes it believes the Administration or health plans should implement. In addition, the committee may, as it deems appropriate, issue reports on specific problems or violations of client's rights. The report of a regional committee shall be delivered to the Administration.

L. The Department of Administration shall provide training and support to Independent Oversight committees.

M. an Independent Oversight committee may request:

1. An investigation for a client according to this Chapter, or

2. A health plan or the Arizona State Hospital, as applicable, to conduct an investigation for an enrolled child.

N. The health plan or the Arizona State Hospital, as applicable, when requested by an Independent Oversight committee, shall conduct an investigation concerning

a client as provided in Article 4 of this Chapter.

O. an Independent Oversight committee shall submit an annual report of the Independent Oversight committee's activities and recommendations to the Director at the end of each calendar year according to A.R.S. § 41-3804(G).

Ariz. Admin. Code § R9-21-105

Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Former Section R9-21-105 renumbered to R9-21-104; new Section R9-21-105 renumbered from R9-21-106and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30, 2003 (Supp. 03-2). Amended by final rulemaking at 22 A.A.R. 2019, effective 7/12/2016. Amended by final rulemaking at 29 A.A.R. 898, effective 5/30/2023.