Arnold v. Sarn

About thirty years ago, the state of Arizona recognized the dire need for health services for the mentally ill by passing a series of statutes to provide community based services to persons with serious mental illness.  Although the need for mental health programs has only increased, in early 2010, Governor Jan Brewer and the legislature began threatening to repeal these statutes.  The Center, which filed this case years before due to the state's failure to comply with its obligations under these mental health laws, stepped in to save what is left of Arizona's already-broken mental health system.

On March 9, 2010 the Court entered an order staying the litigation in recognition of the impact the state’s budget crisis was having on the Defendants’ ability to comply with the Court orders.  The Parties mutually agreed that the stay would be in effect until June 30, 2012.  During the pendency of the stay the Defendants were to make their best efforts to serve the Class Members with all appropriated resources available to the State. 

During the past ten months, the Parties have worked to reach an agreement to define the services, supports and benefits that must be provided to the Plaintiff class and the measurement of compliance in order for Defendants to exit the case.  Due to the continued uncertainty of the State revenues, as well as the unknown impact of the changes made to the federal Medicaid program by the Affordable Care Act to fund necessary services to the Class Members, the Parties have agreed to an interim two year agreement that will focus the Parties’ attention on the development of specific community based services for Class Members going forward.  

At a press conference on May 17, 2012, Governor Brewer announced a proposed Agreement in the Arnold v. ADHS case.  The Court has scheduled a hearing for June 14, 2012, at 9:00 a.m. to determine whether the Agreement is fair and reasonable.

The services agreed to by the Parties include: Mobile Crisis Services; Supported Employment, Case Management, Assertive Community Treatment Teams, Family and Peer Support, Supported Housing, Living Skills Training, Health Promotion, Personal Assistance, Respite, and Medication services.  The recently approved budget increase of $38.7 million dollars statewide championed by Governor Brewer will significantly increase these services in the first year of this Agreement.  The Parties have agreed to meet prior to July 1, 2012 to discuss the data elements that will be used to assess network capacity, including the adequacy of supported employment, supported housing, peer support and crisis services.  These are critical services for future years.

 In addition, the Agreement provides that the Defendants will adopt nationally recognized standards for community based services endorsed by the Substance Abuse and Mental Health Services Administration (“SAMHSA”) and incorporate those standards into the next Maricopa County Regional Behavioral Health Authority (“RBHA”) contract for services to the class.  The Agreement defers the discussion of exit criteria for one year and envisions further court orders at its expiration on July 1, 2014.  

A copy of the Agreement is available below.