Compelling & Disturbing Testimony at the Joint Legislative Psychiatric Hospital Review Council Cries Out for Arizona State Hospital Governance Reform

A couple of years ago the state legislature passed a bill authorizing an Interim legislative committee called the Joint Legislative Psychiatric Review Council. Its mission runs through 2026 and includes making recommendations regarding psychiatric hospital capacity in AZ including the bed capacity at the Arizona State Hospital and other public facilities and the feasibility of transferring oversight of the Arizona State Hospital.

The Council published a report of their findings in December 2021 with a host of recommendations to improve psychiatric care in AZ. The findings of the report helped establish the need for two important bills from last legislative session including SB1444 – prohibiting ADHS leadership from retaliating against patients due to family participation in Arizona State Hospital Independent Oversight Committee meetings & forcing the ASH Superintendent and Chief Medical Officer attend and participate in meetings (they’d been blowing them off during the Ducey administration).

Joint Legislative Psychiatric Hospital Review Council

The legislature also passed, and the former governor signed SB1651 requiring AHCCCS to annually report to the Joint Legislative Budget Committee a host of additional fiscal records on expenses in the behavioral health system. It also earmarked $25M in the state budget to develop secure BH residential facilities for persons with a serious mental illness diagnoses who are chronically resistant to treatment.

The final action of the outgoing legislature occurred last week at the Joint Legislative Psychiatric Hospital Review Council. Testimony at the Council meeting last week was compelling, with Sommer Mutter describing in excruciating detail the trials and tribulations she experienced while her brother was civilly committed to the Arizona State Hospital (which is both run and regulated by ADHS).

I encourage you to listen to her testimony which you can do at this link on the AZLEG website: Video Player (azleg.gov). Shocking testimony.

New Psychiatric Hospital Review Council Recommendations

2023 Joint Legislative Psychiatric Hospital Review Council PowerPoint

Later discussions at the Council focused on the importance of fixing the conflict of interest posed by the fact that ADHS both runs and regulates the Arizona State Hospital.

More on the details about why having an entity regulate itself are here: Assaults at the Arizona State Hospital Highlight the Need for Governance Reform: A Primer

We sincerely hope the incoming legislature takes advantage of the work of the Council and holds ADHS accountable for fixing the problems left by the Ducey administration and investigates new legislation to improve institutional accountability at the Arizona State Hospital.

Editorial Note: I have confidence that the Arizona State Hospital will be honestly regulated under the Hobbs administration. However, a major institutional conflict of interest remains – with ADHS both operating & regulating ASH. While I expect conditions to improve at ASH under this administration, the institutional governance conflict needs to be fixed.

Unless institutional checks and balances are implemented it’s inevitable that a future administration will again have intentionally slipshod oversight of ASH operations as had occurred under former Governor Ducey & Director Christ.

Our Legislative Session Advocacy Approach

This week marks the beginning of the 2023 legislative session. The kickoff will be the Governor Hobbs’ State of the State address to the legislature at 2pm today when she’ll outline what he sees as priorities. It’ll be held in the House of Representatives and is generally open to the public (in the top gallery) buy you’d need to get there early. Visit the governor’s official website for details: Office of the Arizona Governor Katie Hobbs

Our Advocacy Approach

AzPHA will follow the session closely and express our support or opposition to bills based on a simple core principle…  we support bills that will have a positive impact on public health especially when they are evidence-based or evidence-informed.  We will oppose bills that are likely to have a negative impact on public health.  Our support or opposition to bills is located on the https://www.azleg.gov/ site under RTS Current Bill Positions.

We have a host of Resolutions that also guide our advocacy which are posted on the members only website and on our main website as well. The fact that we have Resolutions on so many core public health priorities make it easy for us to be swift with our support or opposition. Our Resolutions go all the way back to the 1930s. They are initiated by either the Board or our members and all resolutions have been voted on and approved by our members.

Our Public Health Policy Committee has a discussion board on Basecamp and that’s also where we post information, research and documents related to public health policy.  Let me know if you’d like to sign up for that Basecamp site at [email protected].

Our policy committee also has conference calls every Friday afternoon from 2 to 2:30 on Zoom (for members). Links to the meetings are in our Public Health Policy Committee Basecamp. Members can email [email protected] to get access to our Basecamp.

It’s Opening Day for the State Legislature Manana

Tomorrow is opening day for the 56th Arizona Legislature. As often is the case after redistricting, there’s a ton of turnover among legislators. In fact, more than half of the legislators are new this session! There are 30 new members in the House and 16 new members in the Senate.

Governor Katie Hobbs will also deliver her first State of the State address to a joint session of the Arizona House and Senate tomorrow morning.

The Senate Health committee is meeting on Tuesday at 2pm. They’ll be hearing a bill that would require AHCCCS to pay for medically necessary cochlear implants for their members (SB 1716). We have signed up in support of that bill (we’re the 1st organization to sign up in support!). In the committee comments we suggested they amend the bill to include a restoration of the bone anchored hearing aid benefit (which was eliminated by AHCCCS in 2010).

The House Health Committee isn’t meeting next week. They’ll be meeting on Monday mornings once they start work.

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COMMITTEE ON HEALTH AND HUMAN SERVICES

DATE: Tuesday, January 10, 2023, TIME: 2:00 P.M. ROOM: SHR 1

SENATORS: Borrelli, Hatathlie, Shamp (Vice-Chairman), Burch, Wadsack, Shope (Chair), Gonzales

HOUSE COMMITTEE ON HEALTH & HUMAN SERVICES

Monday, January 9, 2023, ROOM HHR 4 NOT MEETING THIS WEEK (future times TBD)

Members: Bliss, Hernandez, Shah, Contreras, Mathis, Parker B (Vice-Chair), Gress Pingerelli, Montenegro (Chair)

Governor Hobbs Issues Three Executive Orders During Her First Week in Office

Governor Hobbs issued 3 Executive orders last week addressing equal employment opportunities in state government and their contractors, housing and homelessness and elections. It certainly is refreshing to have a governor that sees these issues as priorities!

The executive orders identify the roles and responsibilities associated with each order and the objectives, deliverables, objectives and participants. 

Register Today for AzPHA’s Annual Members Meeting: January 11, 2023

AzPHA Annual Members Meeting:
January 11, 2023
11:00am – 1:00pm (Zoom)

Agenda

  • Welcome & Introductions
  • Approval of 2021 Business Meeting Minutes
  • Treasurer’s Report
  • Public Health Policy Committee Report
  • Professional Development Committee Report
  • Membership Committee Report
  • Community Health Justice Committee Report
  • Executive Director’s Report
  • Recognize Outgoing Board Members
  • Recognize New Incoming Board Members
  • Passing the Gavel & Remarks by Incoming President
Register Here

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AZ Appeals Court: Abortions Legal in Arizona Up to 15 Weeks Gestation

(via Stephanie Innes at the Arizona Republic)

Arizona appeals court judges on Friday ruled that abortions performed in the state by licensed physicians are legal up to 15 weeks of gestation despite a 19th-century, near-total abortion ban.

The ruling from the three-member panel from the southern division of the Arizona Court of Appeals clears up months of uncertainty over the legality of abortion in Arizona by stating that physicians who perform abortions under a new law that permits them up to 15 weeks of gestation are not subject to prosecution under the territorial-era near-total abortion ban.

Abortion law in the state had been in flux following the U.S. Supreme Court’s June 24 decision to eliminate the constitutional right to an abortion and leave the issue up to states, though both medication and surgical abortions have been legally occurring in Arizona up until 15 weeks of gestation since October, pending the appeals court decision, which was sought by Planned Parenthood Arizona.”

More available at: Appeals Court: Abortions legal in Arizona up to 15 weeks (azcentral.com)

View the Appelate Court Ruling Here

Note: Kris Mayes was sworn in as the AZ Attorney General yesterday. The courts were closed on Monday, January 2 so outgoing Attorney General Brnovich didn’t have an opportunity to appeal the case to the Arizona Supreme Court. I’m not a legal expert, but I think a 3rd party might have the ability to appeal the case to the AZ Supreme Court.

In the meantime, abortion services will be legal in Arizona up to 15 weeks gestation subject to a mandatory counseling session, compulsory ultrasound and a 24-hour waiting period. The ADHS will now presumably regulate licensed abortion clinics in accordance with the 15-week limitation even though their rules don’t include such a restriction.

Governor Hobbs Names Health & Human Services Agency Leadership Team

Governor-elect Hobbs named her health and human services executive leadership team last week, including naming AzPHA member Theresa Cullen, MD as her choice to lead the Arizona Department of Health Services finally bringing talented leadership back to ADHS once she starts in February (after she finishes transition activities in Pima County).

Dr. Cullen most recently served as Director of the Pima County Public Health Department. Prior to that, Dr. Cullen served 25 years in the U.S. Public Health Service, rising to the rank of Assistant Surgeon General.  Dr. Cullen received her M.D. from the University of Arizona, College of Medicine and M.S. in Administrative Medicine/Population Health from the University of Wisconsin, Madison.

Carmen Heredia was named to lead AHCCCS. Ms. Heredia currently serves as CEO of Valle del Sol, a community health center and behavioral health provider. She has extensive experience working with healthcare and community boards advocating for vulnerable and underprivileged groups in Arizona, including serving on the boards of the Arizona Council of Human Service Providers, the Arizona Alliance for Community Health Centers and Contexture. Carmen has a master’s degree in social work from Arizona State University.

Angie Rodgers will lead the Arizona Department of Economic Security – Angie Rodgers is President and CEO of the Arizona Food Bank Network. She has more than 25 years of experience in public policy and advocacy work. She has previously worked with DES on policy initiatives, welfare services and community coordination. Ms. Rodgers has a master’s degree in social work from Arizona State University.

Matthew Stewart will lead the Arizona Department of Child Safety – Mr. Stewart began his career in public service as a child safety specialist. He worked his way up in DCS, where he was entrusted with statewide management responsibilities for years. He has consulted extensively both locally and nationally to guide important changes in child welfare.

Joan Serviss will head the Arizona Department of Housing –Ms.  Serviss is the Director of the Arizona Housing Coalition, an association working to end homelessness in the state. She has over 20 years of experience working with state and local policy and organization. Ms. Serviss has a master’s degree in public administration from Arizona State University.

Governor Hobbs, Attorney General Mayes & Secretary Fontes Take Up Their Posts

State Legislature Convenes January 9

Governor Hobbs, Attorney General Mayes and Secretary Fontes and the other statewide elected officials were sworn in this morning just after 10am. A nuance of state law means they take up their posts even though the new state legislature won’t convene until January 9.

This morning’s swearing in was a private affair, but there will be a more public Inauguration ceremony Thursday at 10am outdoors between the House and Senate buildings. Tickets are required for the event and are still available as of the time I’m writing this at Event Details | AZ Inauguration.

The outgoing legislature doesn’t have any hearings scheduled except for a meeting of the Joint Legislative Psychiatric Hospital Review Council Thursday afternoon at 2pm. I’m on the agenda to talk about psychiatric treatment facility network, provider accountability, the importance of having actuarial rates that support the treatment network you need, and Arizona State Hospital governance. legislative session begins next Monday, January 9, 2023.

Arizona Public Health in 2022: The Good, the Bad & the Ugly

Public health policy & operations were in a 2022 whirlwind. We started off with the Omicron surge amid disappointing COVID-19 vaccination rates, no statewide interventions and executive orders preempting local jurisdictions from doing anything – leading to a surge in hospitalizations (albeit with far fewer deaths that in January 2021).

Spring brought shocking revelations that the Arizona Department of Health Services (under the leadership of Cara Christ and Colby Bower) failed to investigate thousands of high-risk complaints at AZ nursing homes and covering up the nonfeasance by reclassifying 98% of their high-risk complaints as low, giving them a year to follow up rather than a week and jeopardizing the health and safety of nursing home residents (can you say criminal misconduct?).

Summer was a whipsaw, with the US Supreme Court overturning Roe v. Wade upending and throwing up in the air how Arizona is supposed to regulate abortion care (which won’t be resolved until sometime in 2023). But the summer also brought us the first bipartisan state budget in 14 years. With it came substantial new investments in public health and education.

Fall brought us an early influenza season, a historic RSV epidemic, and a predictable late fall COVID wave. A national assessment of COVID vaccination rates showed AZ has the lowest percentage of boosted nursing home residents (ADHS is the regulatory authority for nursing homes and did not use their authority to compel vaccination efforts among licensees).

As we closed out 2022, we learned Arizona has had the highest overall per-capital death rate from COVID-19 (no surprise given the policy decisions made by Doug Ducey, Cara Christ and Don Herrington). However, we closed out 2022 with optimism that the leadership decisions and operational integrity of state government and ADHS will improve when Dr. Theresa Cullen takes the reins of the ADHS in February 2023.

Here’s our 10-point summary of the good, the bad, and the ugly for public health in 2022:

  • January- Omicron in full swing with practically no interventions in place by the state (except vaccine distribution) resulting in an enormous amplification of infections. Hospitals were stressed (30% of beds occupied by COVID patients) but less so than the complete disaster of January 2021 (when there were also no interventions in place by the state) when 70% of beds were occupied by COVID patients:  Arizona Has the 2nd Highest COVID-19 Death Rate Per Capita During the First 2 Years of the Pandemic
  • March – Governor Ducey finally ends the state public health emergency. Decision has little impact on public health because the public health emergency authority was only being used to preempt local jurisdictions and schools from implementing interventions: Ducey Finally Ends the Public Health Emergency (And with It his Harmful Micromanagement of Political Subdivisions & Others)
  • April – Follow-up from the 2019 Auditor General’s report finds ADHS had continued to fail to follow up on thousands of care complaints at nursing homes. Instead of fixing the shortcomings found in the 2019 report, the April 2022 report found ADHS (under former Director Christ’s leadership) simply reclassified 98% of all high-risk complaints as low risk (giving them a full year to investigate high risk complaints that should have been done within a week). Auditors also discovered that ADHS (under Interim Director Herrington’s leadership) never used more than $1M in appropriations from the previous year to improve nursing home inspections and complaint investigations: Auditor General’s Office Produces Scathing Review of ADHS’ Nursing Home Complaint Investigations During the Director Christ Era
  • April – May: Governor Ducey signs several bills that preempt local and county jurisdictions from using public health authority. Mr. Ducey also signs SB1009 restricting his successors public health emergency authority to 120 days (Mr. Ducey enjoyed more than 600 days of public health emergency authority): Dozens of New Laws Take Effect this Weekend… Some Good & Some Bad – Our Summary and see preemption bills PowerPoint 2022.pptx
  • JuneBipartisan budget passes with several investments in public health (Maternal health, access to care, behavioral health, human services [e.g., APS, housing, and water]: Legislature Passes a Bipartisan Budget for 1st Time in 14 Years: Here’s A Summary Top Line Health & Human Service Line Items
  • June-July U.S. Supreme Court overturns Roe v Wade upending reproductive/abortion care in Arizona: AzPHA Special Report: Women’s Reproductive Rights in Arizona 1864-2022. Later in 2022 courts would stay the territorial era law prohibiting nearly all abortions but a final resolution of how AZ will regulate abortion won’t be resolved until 2023.
  • September – Omicron booster becomes available but would remain among the states with the lowest uptake of the booster. Indeed, AZ nursing homes rank dead last in booster shot uptake.
  • October – Record year for RSV infections – stressing pediatric care. Influenza arrives much earlier than normal with a large spike. COVID cases also increase in late fall, but only 9% of hospital admissions are due to the illness.
  • November Voters elect Katie Hobbs Governor & Kris Mayes as Attorney General– decisions that will likely profoundly impact public health decision-making over the next 4 years. New state public health leadership is expected, staffing changes have not yet been announced.
  • December – Arizona overtakes Mississippi as the state with the highest per capita death rate from COVID-19. AZ also has the dubious distinction of having the largest increase in all-cause mortality among all states. Arizona now has the highest COVID-19 death rate of any state
  • Year End: Governor-elect Hobbs names Dr. Theresa Cullen as the next Director of the Arizona Department of Health Services, finally bringing talented leadership back to ADHS. Dr. Cullen most recently served as Director of the Pima County Public Health Department. Prior to that, Dr. Cullen served 25 years in the U.S. Public Health Service, rising to the rank of Assistant Surgeon General.  Dr. Cullen received her M.D. from the University of Arizona, College of Medicine and M.S. in Administrative Medicine/Population Health from the University of Wisconsin, Madison.

Final Call for Presentations: AzPHA Annual Conference

Call for Presentations: AZPHA Annual Conference
Addressing Health Disparities:
Building Infrastructure & Engaging the Next Generation of Public Health Leaders

AzPHA will be holding our annual conference on Thursday, February 23, 2023 at the Desert Willow Conference Center in Phoenix, AZ. In preparation for the conference, AZPHA is conducting an open call for abstracts for persons wishing to present at the conference.

We invite you to propose any presentation related to our theme of Addressing Health Disparities: Building Infrastructure & Engaging the Next Generation of Public Health Leaders and especially proposals regarding:

  • The CDC Workforce Infrastructure Grants
  • Work/Plans Related to Opioid Settlement Activities – (especially related to health disparities)
  • The CDC Health Disparities Grant
  • Addressing the Unique Challenges to Public Health in Rural & Tribal Communities

Presentations are scheduled to be held in person. Depending on your selection, you may be asked to present twice. You may propose your work as a solo presenter or as a team. The breakout sessions will be 45 minutes, there will be a morning and an afternoon session.

Presenting teams: All presenters must register for the full event. Please identify the primary presenter for your team presentation. This individual will communicate conference-related information with the rest of the team.

If you are submitting this proposal as part of a team, please confirm the following before applying:

  • Proposed speakers have agreed to participate
  • Proposed speakers will be available on Thursday, 2/23/23
  • Deadline for submission is December 23, 2022

We look forward to reviewing your proposal for the 2023 AZPHA Annual Conference!

Please submit your proposal to present by 12/23/22 using our call for proposals form
You can also propose to present a poster at the conference. Use our poster presentation proposal form