Regulatory Reform in the Home-Stretch

June 21st, 2013 by Will Humble Leave a reply »

Our Licensing & Rulemaking teams have spent the better part of 18 months working with hundreds of folks from numerous associations and licensed facilities as part of our regulatory reform initiative.  We’ve been overhauling 18 Articles of regulations for Healthcare Institutions and Behavioral Health Service Agencies including hospitals, skilled nursing facilities, outpatient surgery and treatment centers, recovery care, adult therapeutic foster homes, assisted living, home health agencies, hospice facilities, DUI services; residential treatment centers and midwives.  It’s been a long road- and we’re in the final-stretch now. 

Our teams are busy going through some final revisions to the 600 pages of new Rules, which we’ll be filing next week.  We’ll have an October 1 implementation date on each of the packages.  That’ll give our licensees a chance to learn the new rules before they’re expected to comply with them; it’ll give our surveyors time to learn the new rules so we can survey to them properly; and it’ll give AHCCCS the time that they need to figure out some reimbursement issues. 

As an added bonus- the state budget that was signed by the Governor on Monday gives us extended “exempt” rulemaking authority through April of 2014…  meaning that we’ll be able to make additional revisions as we implement the new regulations and find areas that can use tweaking.



  1. Jeff Cosgrove says:

    If you have until april 2014 to make changes. Then can we look at the 25 mile law? I can not afford 400 dollars an oz. I medicate about an oz a week. How can anyone afford 1600 dollars a month on one medication? This is insane and I would like to help fight this law. We the people should have a choice. Please contact me (phone number removed by editor) or Thank you Mr. Humble

  2. Will Humble says:

    The exempt rulemaking authority that I was referring to is for the healthcare institutions that we license (skilled nursing, hospitals, assisted living, outpatient treatment etc.).

    We don’t have exempt rulemaking authority for medical marijuana. Even if we had exempt authority- the 25 mile rule is in the voter approved language. The 25 mile rule is not a department regulation- but a statute passed by the voters in November of 2010.

    Because of the voter protection act, changing the 25 mile rule would require a voter initiative.

  3. Marvin Kremson says:

    I found the specific wording and I was wrong, it does exclude homebirth midwifery. I’m not sure if this is a rule or statute? Is it possible to address this in the scope of your reform initiative? It seems that removing this one line would be sufficient.

    R9-31-205. Attending Physician, Practitioner, and Primary Care Provider Services
    C. The following limitations and exclusions apply to physician and practitioner services and primary care provider services:
    3. The following services are excluded from AHCCCS coverage:
    f. Licensed midwife services for prenatal care and home birth.

    • Will Humble says:


      Statutes start with references like A.R.S. 36-xxx etc. Rules start with an R… so R9-31-205 is a Rule. In this case, a Rule promulgated and administered by AHCCCS. The best thing to do would be to contact AHCCCS regarding this issue. The ADHS doesn’t have any authority of AHCCCS rules.

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