36-2930.06. Substance use disorder services fund; AHCCCS administration; use of monies

A. The substance use disorder services fund is established consisting of monies appropriated to the fund, any gifts or donations to the fund and interest earned on those monies. The director shall administer the fund.

B. Monies in the fund:

1. Do not revert to the state general fund.

2. Are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

3. Are continuously appropriated.

C. The administration shall enter into agreements with one or more contractors for substance use disorder services using monies from the substance use disorder services fund. In addition to terms and conditions the director deems appropriate, the agreement between the administration and each contractor shall require that:

1. The monies allocated in the agreement not be used for persons who are eligible under title XIX or title XXI of the social security act. Preference shall be given to persons with lower household incomes.

2. The contractor coordinate benefits provided under this section with any third parties that are legally responsible for the cost of services.

3. The contractor make payments to providers based on contracts with providers or, in the absence of a contract, at the capped fee schedule established by the administration.

4. The contractor submit expenditure reports monthly in a format determined by the director for reimbursement of services provided under the agreement. The agreement may also provide for additional reimbursement for administering the agreement in an amount not to exceed eight percent of the expenditures for services.

5. The administration not be held financially responsible to the contractor for any costs incurred by the contractor in excess of the monies allocated in the agreement.

D. The system shall act as payor of last resort for persons who are eligible pursuant to this section. On receipt of services under this section, a person is deemed to have assigned to the system all rights to any type of medical benefit to which the person is entitled.

E. This section does not:

1. Establish an entitlement for any individual to receive any particular service.

2. Establish a duty on the part of the administration to provide services or spend monies in excess of the monies in the fund.