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National Association of State Mental Health Program Directors Legal Division 2007 Annual Meeting. Arizona’s Children’s System Reform under Medicaid Law October 21, 2007. Handouts. JK vs. Gerard Settlement Agreement ADHS System of Care Plan
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National Association of State Mental Health Program DirectorsLegal Division 2007 Annual Meeting Arizona’s Children’s System Reform under Medicaid Law October 21, 2007
Handouts • JK vs. Gerard Settlement Agreement • ADHS System of Care Plan • ADHS and Community Partnership of Southern Arizona Plan Presentation • Cases
Complaint Filed in 1991 • Alleged ADHS violated EPSDT statute by failing to provide medically necessary behavioral health services to Medicaid eligible children • Certified as a class action for all Medicaid eligible children in Arizona • Parties file pre-trial motions, conduct discovery and settlement conferences
Settlement Agreement • Approved in 2001 • Foster a behavioral health system that practices according to 12 principles “as quickly as practicable” • Principles are strength-based, family-centered • Child and family teams
Settlement Agreement (continued) • Annual Plan • Training • Quality Management System • Dispute Resolution • Expiration date of July 2007
12 Principles • Collaboration with the child and family • Functional outcomes • Collaboration with others • Accessible services • Best practices • Most appropriate setting • Timeliness • Services tailored to the child and family • Stability • Respect for the child and family’s unique cultural heritage • Independence • Connection to natural supports
Plaintiffs Dispute • Filed January 2006 • ADHS not moving “as quickly as practicable” • Direct support services, case managers, measurement of practice according to the principles • Mediation─Agreement extended to July 2010
Does EPSDT Require A Wraparound or a Bundling of Services Approach? • Katie A., ex rel Lundin v. Los Angeles County, 481 F.3d 1150 (9th Cir. 2007)