Governor’s Regulatory Review Council

Council Meeting Minutes

December 1, 2015

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GOVERNOR’S REGULATORY REVIEW COUNCIL (GRRC)

MINUTES OF THE

DECEMBER 1, 2015COUNCIL MEETING

The Governor’s Regulatory Review Council Meeting was held on Tuesday, December 1, 2015, at 10:00 a.m., at the Pharmacy Boardroom located at 1616 West Adams, Suite 120, Phoenix, Arizona 85007, in the Land Department building.

PRESENT:

Council Chairwoman:Nicole A. Ong

Council Member:Jason Isaak

Council Member: Lori Daniels

Council Member:Mike Lofton

Council Member:Brenda Burns

Council Member:John Sundt

Council Member:Connie Wilhelm (telephonically)

Staff Attorney:Christopher Kleminich

Staff Attorney:Kara Kerker

Staff Assistant:Dolores Habre

Assistant Attorney General:Christopher Munns

  1. CALL TO ORDER:

ChairwomanOngcalled the Council Meeting to order at 10:00 a.m. and led the Pledge of Allegiance.

  1. DISCLOSURE OF CONFLICTS OF INTEREST:

None

  1. CONSENT AGENDA
  1. Council Meeting Minutes 11/3/15
  2. Study Session Minutes 11/24/15
  3. Five-Year Review Reports:

3.1ARIZONA DEPARTMENT OF ECONOMIC SECURITY (F-15-1001)

Title 6, Chapter 6, Article 1, General Provisions; Article 3, Eligibility for Developmental Disabilities Services; Article 4, Application; Article 5, Admission/Redetermination/ Termination; Article 6, Program Services; Article 8, Programmatic Standards and Contract Monitoring for Community Residential Settings; Article 9, Managing Inappropriate Behaviors; Article 10, Child Developmental Foster Home License; Article 11, Adult Developmental Home License; Article 12, Cost of Care Portion; Article 13, Coordination of Benefits, Third-party Payments; Article 15, Standards for Certification of Home and Community-based Service (HCBS) Providers; Article 16, Abuse and Neglect; Article 18, Administrative Review; Article 20, Contracts; Article 21, Division Procurement and Rate Setting -Qualified Vendors; Article 22, Appeals and Hearings; Article 23, Deemed Status

3.2ARIZONA DEPARTMENT OF GAMING (F-15-1104)

Title 19, Chapter 2, Article 1, Horse Racing; Article 2, Racing Regulation Fund; Article 3, Greyhound Racing; Article 4, Advanced Deposit Wagering, Teletracking, and Simulcasting; Article 5, Pari-Mutuel Wagering; Article 6, State Boxing Administration

3.3ARIZONA ACUPUNCTURE BOARD OF EXAMINERS (F-15-1201)

Title 4, Chapter 8, Article 1, General Provisions; Article 2, Acupuncture Licensing, Visiting Professor Certificate; Article 3, Auricular Acupuncture Certification; Article 4, Training Programs and Continuing Education; Article 5, Supervision, Recordkeeping; Article 6, Complaints, Hearing Procedures, Discipline; Article 7, Public Participation Procedures

3.4 ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

(F-15-1202)

Title 18, Chapter 2, Article 7, Existing Stationary Source Performance Standards; Article 9, New Source Performance Standards; Article 11, Federal Hazardous Air Pollutants; Appendix 8, Procedures for Utilizing the Sulfur Balance Method for Determining Sulfur Emissions

  1. Rules:

3

4

4.1ARIZONA STATE BOARD OF COSMETOLOGY (R-15-1202)

Title 4, Chapter 10, Board of Cosmetology

Amend:R4-10-102; R4-10-107; R4-10-110

4.3 ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM

(R-15-1204)

Title 9, Chapter 22, Article 7, Standards for Payments

Amend:R9-22-712.05

Member Sundt asked to remove item 4.2from the Consent Agenda.

ACTION: Member Danielsmotioned to remove item 4.2 from the Consent Agenda and to approve all other items onthe Consent Agenda. Member Burnsseconded the motion. The motion passed unanimously.

4.2ARIZONA BOARD OF PSYCHOLOGIST EXAMINERS (R-15-1203)

Title 4, Chapter 26, Board of Psychologist Examiners

Amend: R4-26-101; R4-26-102; R4-26-104; R4-26-105; R4-26-106; R4-26-107;

R4-26-108; R4-26-201; R4-26-202; R4-26-203;R4-26-203.01;

R4-26-204; R4-26-205; R4-26-206; R4-26-207; R4-26-208; Table 1;

R4-26-209; R4-26-210; R4-26-211; R4-26-301; R4-26-302; R4-26-303;

R4-26-304; R4-26-305; R4-26-308

New Section: R4-26-203.02; R4-26-203.03; R4-26-309; R4-26-310

Repeal:R4-26-103

Member Sundt asked the Board for additional clarification its policies related to recordkeeping, and the potential impact of the Board’s position on the regulated public.

Dr. Cindy Olvey, Executive Director of the Board, responded that the Board has its own set of minimum standards for recordkeeping for its licensees.Depending on the medical systems that licensees use,individuals must follow the particular requirements for each of those systems.

ACTION: Council Member Sundt motioned to approve the agenda item. Council Member Daniels seconded the motion. The motion passed unanimously.

  1. CONSIDERATION AND APPROVAL OF FIVE-YEAR REVIEW REPORTS:

None.

  1. CONSIDERATION AND APPROVAL OF RULES:
  1. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (R-15-1201)

Title 9, Chapter 22, Article 7, Standards for Payments

Member Burns asked about the position that the Administration has taken with this rulemaking with regard to legislative intent. Specifically, Member Burns wanted to clarify that the hospitals affected by this rulemaking were in agreement that the decrease in Rural Hospital Inpatient Funds (RHIF) distributed to non- Critical Access Hospitals was an unintended consequence of the appropriation increase and that the Legislature would not have been expected to know this decrease would occur.

Ms. Amy Upston,AHCCCS Hospital Finance Administrator, reiterated the Administration’s position that the Legislature would not have been expected to know about the impact on the Rural Hospital Inpatient Fund at the time of voting on an increased appropriation for Critical Access Hospitals. Additionally, Ms. Upston stated that all hospitals affected by the legislative action were in agreement with this rulemaking to base the RHIF allocation on the “claims paid amount” for hospitals instead of the amount of total inpatient payments.

ACTION: Member Daniels motioned to approve the agenda item. Member Isaak seconded the motion. The motion passed unanimously.

  1. ADJOURNMENT

Chairwoman Ong adjournedthe meetingat 10:14 a.m.

Respectfully submitted,

/S/dh

GRRCExecutive Staff Assistant

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