ATTENTION ARIZONA ALTCS PROVIDERS – Part II

Behavioral and Sober Living Providers

If you are a licensed behavioral health or sober living provider in Arizona, be aware of recent press releases from AHCCCS regarding practices by certain alleged “bad actors” in the behavioral health and sober living service areas that are being scrutinized.

AHCCCS is working closely with the Arizona Department of Health Services (ADHS), the FBI, and local law enforcement to route tips involving alleged promises of care and transportation to health care or residential services. Specifically:

  • Individuals are targeting American Indians/Alaskan Natives (AI/AN) who reside on tribal reservations by recruiting and transporting them to live in what they are calling sober living homes or behavioral health residential facilities in Phoenix, and

  • Individuals are enrolling applicants into the American Indian Health Program (AIHP) who do not qualify for the program.

Click here for the Press Release concerning those type of activities and the joint government response concerning them.

It is unfortunate that legitimate behavioral health and sober living home providers are being swept up into the negative publicity surrounding these alleged bad actors. Particularly at a time when Fentanyl is involved in more deaths of Americans under the age of 50 than any other cause of death, including heart disease, cancer, homicide, suicide, or other accidental deaths. May 9, 2023 is Fentanyl Awareness day, and more facts about the dangers of this drug can be found at Fentanyl Awareness Day. Indeed, Maricopa County Sheriff Paul Penzone just held a Press Conference, outlining statistics concerning the drug problem within the Maricopa County jail system as well as Maricopa County and the US overall.

Providers should recognize that contraband may sneak into their residential settings, and that the state will likely be scrutinizing these particular licensees more closely at their annual inspections.

Our office recommends that all Arizona behavioral health providers conduct a thorough internal audit or review of their documentation and compliance with Department of Health Services (DHS) rules, along with AHCCCS Policy Manual provisions. Feel free to reach out to a trusted consultant or legal advisor who is knowledgeable about these rules to do a confidential “mock inspection” of your facility, similar to what was discussed in a previous PLPG Blog Article regarding Assisted Living Facilities.

The information herein is intended to be educational and an introduction to the subject matter presented. Despite any statutory or regulatory references cited in the article above, it is NOT specific legal advice to be relied upon for specific individual circumstances. Contact your own legal professional or reach out to our firm if you would like specific advice on this topic.

Look for additional blog posts on topics of interest to Assisted Living and Behavioral Health operators.  We welcome topic suggestions!  Write to info@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.