A.R.S. tit. 36 ch. 34 — Arizona Revised Statutes Title 36 Chapter 34 — Behavioral Health Services

36-3401. Definitions In this chapter, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Advisory council" means the Arizona state advisory council on the seriously mentally ill. 3. "Children" means persons who are under the age of nineteen years or persons who are under the age of twenty-two years and enrolled in an educational facility. 4. "Clean claim" means a claim that can be processed without obtaining additional information from the service provider or from a third party. Clean claim does not include claims under investigation for fraud or abuse or claims under review for medical necessity. 5. "Director" means the director of the administration. 6. "Regional behavioral health authority" means an organization under contract with the administration to coordinate the delivery of mental health services in a geographically specific service area of the state for eligible persons. 7. "Service provider" means an organization or mental health professional that meets the criteria established by the administration and has a contract with the administration or a regional behavioral health authority. 36-3403. Powers and duties of the director; study; capitation rates A. In addition to the powers and duties prescribed in chapter 29 of this title, in carrying out the duties of this chapter, the director may: 1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties of the administration, subject to legislative appropriation. 2. Contract for the services of consultants and other persons that are reasonably necessary to enable the administration to carry out its functions and duties, subject to legislative appropriation. 3. Contract and incur obligations that are reasonably necessary within the general scope of the administration. 4. Adopt rules that are necessary to carry out the requirements of the administration. 5. Contract or enter into intergovernmental agreements with other public and private nonprofit agencies and entities. 6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the administration. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of the administration. B. The director shall administer: 1. Unified mental health programs, excluding the functions of the state hospital but including community mental health. 2. Addictive behavior programs to include alcohol and drug abuse. C. Notwithstanding any other law, the director may waive or reduce the requirements for local match. D. Except as otherwise required by this chapter, the director shall carry out the duties of this chapter subject to and consistent with chapter 29 of this title. E. The administration shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to providers of behavioral health services. The administration may require and the regional behavioral health authorities and service providers shall provide to the administration financial data in the format prescribed by the administration to assist in the study. A complete study of reimbursement rates shall be completed at least once every five years. The administration shall provide the report to the joint legislative budget committee on or before October 1 of each year. If results of the study are not completely incorporated into the capitation rate, the administration shall provide a report to the joint legislative budget committee within thirty days of setting the final capitation rate, including reasons for differences between the rate and the study. F. Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate. 36-3404. Administration budget for behavioral health; funds A. The administration shall present a budget request that includes all information on the potential availability of other monies, including federal monies, that may be used in the following fiscal year to fund behavioral health services other than with respect to the operation of the Arizona state hospital. B. The budget request presented pursuant to subsection A of this section shall be divided as follows: 1. A proposed budget for the administration of behavioral health services. 2. A proposed budget for services for each behavioral health program. C. The director shall establish funds for each behavioral health program. Monies appropriated to the administration for these programs, fees generated by the provision of these programs and grants and gifts to the administration shall be maintained in the appropriate fund to pay program and administrative costs. The administrative costs of each program shall be separately identified in the accounting records of the administration. 36-3405. Annual report; reports A. On or before January 1 of each year, the director shall submit a financial and programmatic report for the preceding fiscal year to the governor, the speaker of the house of representatives and the president of the senate. B. The report required pursuant to subsection A of this section shall include revenues and expenditures for behavioral health programs and total revenues and expenditures, including specific identification of administrative costs for each behavioral health program by the following categories: 1. The seriously mentally ill. 2. Alcohol and drug abuse. 3. Children with severe emotional disabilities. 4. Domestic violence. C. The report required pursuant to subsection A of this section shall include the number of clients served by each behavioral health service. D. The director shall provide a monthly report to the governor, the speaker of the house of representatives and the president of the senate that shall, by regional behavioral health authority, separately report title XIX and nontitle XIX categories and shall include for each category the number of persons served, the units of service and the amount of funding provided for client services and the amount provided for regional behavioral health authority administration and case management expenses. 36-3406. Arizona state advisory council on the seriously mentally ill; membership; compensation; duties A. The Arizona state advisory council on the seriously mentally ill is established. B. The advisory council shall consist of the director or the director's designee and the following nine members appointed by the governor: 1. One member representing an advocacy group for the seriously mentally ill. 2. One service provider. 3. One member representing a behavioral health contract agency in an urban area. 4. One member representing a behavioral health contract agency in a rural area. 5. One member of a county health department specializing in the delivery of services to the seriously mentally ill. 6. One health care professional who works with the seriously mentally ill and who is not associated with a contract agency providing services. 7. Three family members of persons who are seriously mentally ill. C. The director or the director's designee shall serve as chairman. D. The advisory council shall meet at least every three months. E. Members of the advisory council are not entitled to compensation but members appointed are entitled to reimbursement of expenses pursuant to title 38, chapter 4, article 2. F. The administration shall provide necessary staff services to the advisory council. G. The advisory council shall advise the administration on matters relating to the seriously mentally ill. H. Appointed members of the advisory council shall serve staggered three-year terms. 36-3407. Services; contract The administration shall contract for the provision of the following services relating to the seriously mentally ill: 1. Community education to increase public awareness of the needs of persons experiencing behavioral health problems. 2. Coordinated screening and intake. 3. A coordinated service delivery system. 4. Coordinated case management and individualized treatment planning for each client. 5. Ongoing family participation in the planning for and selection of continuum of care services. 6. A comprehensive continuum of care services, as appropriate for each client, that includes the following: (a) Home-based services. (b) Prevention and early intervention. (c) Psychiatric evaluation and consultation. (d) Ancillary support services. (e) Crisis intervention, including short-term and mobile crisis stabilization. (f) Outpatient counseling. (g) Residential treatment services. (h) Case management. (i) Partial care services. (j) Secure residential treatment services. (k) Residential treatment services for clients discharged from the Arizona state hospital. (l) Hospitalization services. (m) Psychotropic medication services. (n) Independent living services. (o) Detoxification services. (p) Respite care. (q) Vocational rehabilitation. (r) Transportation. (s) Socialization and recreation. 36-3408. Eligibility for behavioral health service system; screening process; required information A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to this chapter shall comply with a preliminary financial screening and eligibility process developed by the Arizona health care cost containment system administration and administered at the initial intake level. A person who receives behavioral health services pursuant to this chapter and who has not been determined eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI services shall comply annually with the eligibility determination process. If the results indicate that the person may be eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI, in order to continue to receive services pursuant to this chapter, the applicant shall submit a completed application within ten working days to the social security administration, the department of economic security or the Arizona health care cost containment system administration, which shall determine the applicant's eligibility pursuant to title XVIII and for the medicare part D prescription drug benefit, section 36-2901, paragraph 6, subdivision (a), section 36-2931, paragraph 5 or section 36-2981, paragraph 6 for health and medical or long-term care services pursuant to chapter 29 of this title. The applicant shall cooperate fully with the eligibility determination process. If the person is in need of emergency services provided pursuant to this chapter, the person may begin to receive these services immediately provided that within five days from the date of service a financial screening is initiated. B. Applicants who refuse to cooperate in the financial screening and eligibility process are not eligible for services pursuant to this chapter. A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant. Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. The department of economic security shall promptly inform the administration of the applications that are denied based on an applicant's failure to cooperate with the eligibility determination process and, on request, of applicants who do not submit an application as required by this section. C. The department of economic security, in coordination with the administration, shall provide on-site eligibility determinations at appropriate program locations subject to legislative appropriation. D. This section only applies to persons who receive services that are provided pursuant to this section and that are paid for in whole or in part with state monies. E. A person who requests treatment services under this chapter shall provide personally identifying information required by the administration. F. Except as otherwise provided by law, this section and cooperation with the eligibility determination process do not entitle any person to any particular services that are subject to legislative appropriation. 36-3409. Fee requirements; fee schedules A. Clients who are eligible for nontitle XIX services from the administration shall be required to pay fees for services. B. The administration shall establish a schedule for fees charged for services provided by public or private agencies receiving state monies pursuant to this article that includes a sliding fee schedule based on the ability of the client to pay for part or the total cost for services. 36-3410. Regional behavioral health authorities; contracts; monthly summaries; inspection; copying fee; children's behavioral health and seriously mentally ill services A. If the administration contracts with behavioral health contractors that would act as regional behavioral health authorities or directly with a service provider for behavioral health services, the administration and each behavioral health contractor or service provider shall prepare and make available monthly summary statements, in a format prescribed by the administration, that separately detail by title XIX and nontitle XIX and by service category and service type, as defined by contract with the administration, the number of clients served, the units of service provided and the state and federal monies distributed through the administration to each regional behavioral health authority or direct contract service provider and the amounts distributed by each regional behavioral health authority or direct contract service provider to its subcontractors. The director may require additional information in the monthly statement that the director determines to be critical for proper regulation and oversight of the regional behavioral health authority or the direct contract service provider. B. For services provided directly by a regional behavioral health authority, the maximum reimbursement to that regional behavioral health authority shall be thirty percent above the Arizona health care cost containment system fee for service rate for the particular service rendered. C. Except as provided in subsections D and E of this section, behavioral health contractors under contract with the administration to act as regional behavioral health authorities may perform only managed care functions. Regional behavioral health authorities and their subsidiaries shall not deliver behavioral health services directly to clients. D. If a direct services behavioral health provider experiences contract performance failure, the regional behavioral health authority, after receiving approval from the administration, may provide direct care services for only as long as necessary to ensure delivery of uninterrupted care to clients and either: 1. Accomplish the orderly transition of those members to a new provider or other existing providers. 2. Until the provider in question reorganizes or otherwise corrects the contract performance failure. E. Subsection C of this section does not apply to a regional behavioral health authority operated by a federally recognized Indian tribe. F. In the contracts specified under subsection A of this section, the administration may include a provision to charge, payable to the department of health services, for services provided at the state hospital. The charges are only for clients on whose behalf the contractor has been paid by the administration. G. The summaries and the contracts on which they are based are open to public inspection. The administration and each regional behavioral health authority or direct contract service provider shall make the summaries available for inspection and copying at the office of each regional behavioral health authority or direct contract service provider and at the administration. H. The administration and a regional behavioral health authority or direct contract service provider shall charge a copying fee that is not in excess of the actual cost of reproduction or the amount charged by the secretary of state pursuant to section 41-126, whichever is less. I. Copying fees received by the administration, pursuant to subsection H of this section, shall be placed in the Arizona health care cost containment system fund established by section 36-2913. J. Monies appropriated each fiscal year for children's behavioral health services shall be spent on services only as prescribed by the appropriation and may not be used for any other purpose. K. Monies appropriated each fiscal year for seriously mentally ill services shall be spent on services only as prescribed by the appropriation and shall not be used for any other purpose. 36-3411. Behavioral health services; timely reimbursement; penalties A. The administration shall ensure that behavioral health service providers are reimbursed within ninety days after the service provider submits a clean claim to a regional behavioral health authority. B. Any contract issued by or on behalf of the administration for the provision of behavioral health services shall include language outlining provisions for penalties for noncompliance with contract requirements. C. If the regional behavioral health authority does not reimburse a provider as required by this section, the director shall subject the regional behavioral health authority to the penalty provisions prescribed in the contract, which shall not exceed the interest charges prescribed in section 44-1201. The director shall impose any financial penalties levied on the regional behavioral health authority through a reduction in the amount of monies payable to the regional behavioral health authority for administrative expenses. D. The ninety-day deadline imposed by this section is suspended while a formal grievance regarding the legitimacy of a claim is pending. E. The administration or a regional behavioral health authority shall not pay claims for covered services that are initially submitted more than nine months after the date of the services for which payment is claimed or that are submitted as clean claims more than twelve months after the date of service for which payment is claimed. A person who is dissatisfied with the denial of a claim by the administration or by the regional behavioral health authority has twelve months from the date of the service for which payment is claimed to institute a grievance against the administration or regional behavioral health authority. F. For claims paid by the administration, either directly or through a third-party payor, the director may impose a penalty on a regional behavioral health authority or a service provider who submits a claim to the administration for payment more than one time after the same claim had been previously denied by the administration without having attempted to address the reason given for the denial. The penalty imposed by the director shall not exceed the average cost incurred by the administration for processing a claim and shall be levied on the regional behavioral health authority or service provider through reducing any future payment or payments until the amount of the penalty has been paid. G. This section does not apply to services provided by a hospital pursuant to section 36-2903.01, subsection G, or section 36-2904, subsection H or I. 36-3412. Contracts; regional behavioral health authorities A. The director shall prepare and issue a request for proposals for behavioral health services consistent with sections 36-2906 and 36-2906.01. B. Consistent with section 36-2903, subsection M, the administration's contracts with regional behavioral health authorities shall include terms as necessary in the judgment of the director: 1. To ensure adequate performance and compliance with all applicable federal laws by the regional behavioral health authorities. 2. For the maintenance of deposits, performance bonds, financial reserves or other financial security. 3. For the withholding or forfeiture of payments to be made to a regional behavioral health authority by the administration due to the authority's failure to comply with a provision of the authority's contract with the administration or with adopted rules. 4. Authorizing the administration to operate a regional behavioral health authority directly. C. If there is an insufficient number of qualified bids for prepaid capitated behavioral health services within a geographic service area described in a request for proposals, the director may employ any of the options authorized by section 36-2904, subsection A. D. During any period in which services are needed and no contract exists, the director may employ any of the options authorized by section 36-2904, subsection B. E. If there is an insufficient number of, or an inadequate member capacity in, contracts awarded to contractors, the director, in order to deliver covered services to members enrolled or expected to be enrolled in the system within a county, may negotiate and award without a bid a contract pursuant to section 36-2904, subsection J. F. To the extent that services are furnished pursuant to this chapter, and unless otherwise required by this chapter, a regional behavioral health authority is not subject to title 20. G. Regional behavioral health authorities are subject to section 36-2905. 36-3413. Grievance and appeal process A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and appeal process for use by service providers and by individuals receiving and requesting services. The administration shall stipulate any required elements of the process in the request for proposal issued to solicit bids from entities that wish to become a regional behavioral health authority. B. The process shall be as prescribed in title 41, chapter 6, article 10, subject to the exceptions in section 36-2903.01, subsection B, paragraph 4 and rules adopted by the director, for grievances and appeals filed by regional behavioral health authorities and by service providers and individuals receiving and requesting services that have already exhausted the regional behavioral health authority grievance and appeal process. In the case of individuals receiving behavioral health services by a service provider that has contracted directly with the administration instead of through a regional behavioral health authority, the administration's grievance and appeal process is considered the primary process. 36-3415. Behavioral health expenditures; annual reports A. The administration shall report annually to the joint legislative budget committee on each fiscal year's medicaid and nonmedicaid behavioral health expenditures, including behavioral health demographics that include client income, utilization and expenditures, medical necessity oversight practices, tracking of high-cost beneficiaries, mortality trends, placement trends, program integrity and access to services. B. The administration shall report annually to the joint legislative budget committee and the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees. The report shall be in a substantially comparable format as the fiscal year 2014-2015 annual report of the department of health services submitted pursuant to this section and shall include the following information relating to individuals living with serious mental illness: 1. Annual mortality. The administration and the department of health services shall enter into a data sharing agreement for the purposes of vital records information necessary for the report under this subsection. 2. Complaints received from individuals with serious mental illness or their representatives regarding access to services by geographic service area and eligibility category. 3. Enrollment by geographic service area and eligibility category. 4. Demographics by geographic service area and eligibility category, including: (a) Age. (b) Gender. (c) Race. (d) Student status. (e) Employment status. (f) Percentage incarcerated in the preceding year. (g) Percentage who are homeless. (h) Type of disability, if the individual is deaf, hard of hearing or deafblind. 5. Per capita expenditures by geographic service area and eligibility category for the following: (a) The number receiving services. (b) Per capita expenditures. (c) The number receiving services and per capita costs per service category. 6. Per capita expenditures by service type and eligibility category for the following: (a) Support services. (b) Inpatient services. (c) Pharmacy. (d) Rehabilitation services. (e) Treatment services. (f) Medical services. (g) Crisis intervention services. 7. Average length of stay and readmission rates by eligibility category for the following settings: (a) Level I. (b) Level I subacute. (c) Behavioral health residential facilities. 8. Beginning with information from state fiscal year 2022-2023 and annually thereafter, for individuals living with serious mental illness, by geographic service area: (a) The number of individuals who are on a waitlist maintained by the administration or its contractors for a type of housing and the length of time that each individual was on the waitlist. (b) The criteria and process that the administration or its contractors use to assign an individual to the housing waitlist or to move an individual up or down on the housing waitlist in prioritizing housing placement. 36-3416. Contracting requirements; art therapy services; definition A. The administration may contract for art therapy services, directly or through a contractor, only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy under the active supervision of a board-certified art therapist to qualify for national registration or board certification with the art therapy credentials board. B. Subsection A of this section does not require the administration to contract or reimburse for art therapy services. C. For the purposes of this section, "art therapy" means the interactive use of psychotherapeutic principles and methods from an individual with master's level training in art media, the neurobiological implications of art-making and art-based assessment models to facilitate alternative modes of receptive and expressive communication and to define and implement therapeutic interventions to meet cognitive, developmental, behavioral and emotional needs. 36-3431. Comprehensive behavioral health service system for children; administration duties A. The administration shall develop and implement a comprehensive behavioral health service system for children that includes the following: 1. Annual needs assessment and resource assessment studies. 2. Annual planning to develop policy issues, programs and services. 3. Community education to increase public awareness of the needs of children. 4. Centralized and coordinated screening and intake. 5. Coordinated case management. 6. A continuum of treatment services, which may include the following: (a) Home-based services. (b) Prevention and early intervention. (c) Psychological evaluation and consultation. (d) Ancillary support services. (e) Crisis intervention. (f) Outpatient counseling. (g) Independent living services. (h) Secure residential treatment services for seriously emotionally disturbed children. (i) Residential treatment services for children's substance abuse. (j) Psychiatric hospitalization services. 7. Evaluation that determines both cost effectiveness and client outcome. B. Subject to legislative appropriation, the administration shall maintain the system identified in subsection A of this section. C. For the purposes of developing needs assessments and resource assessments and for planning, the administration may consult and coordinate with any state agency established for that purpose. 36-3432. System plan; annual report The administration shall develop a plan for each fiscal year identifying the services, the estimated number of clients and an appropriations request for the purposes of systematic development and implementation of the comprehensive behavioral health service system for children. The plan shall be presented to the speaker of the house of representatives, the president of the senate and the governor on or before November 1 of each year. 36-3433. Annual budget; request and allocation A. The administration shall annually include in its budget request a separate appropriations request for the comprehensive behavioral health service system for children. The request shall be based on the annual plan and assessment. All behavioral health services provided for children by the administration shall be included in the request. B. In preparing its budget request, the administration shall: 1. Identify that at least twenty percent of the total amount of appropriations requested be set aside for prevention and early identification programs. 2. Allocate up to five percent of the total appropriations requested for evaluation of the system. 3. Establish priorities for allocation of funding that include: (a) Outpatient services. (b) Secure residential services for seriously emotionally disturbed children. (c) Residential services for children with substance abuse problems. (d) Partial care and day treatment services. (e) Emergency services, including crisis shelter, crisis stabilization and emergency inpatient hospitalization. 4. Consider the special needs of rural and urban areas of the state and the special needs of cultural and ethnic groups requiring services. C. The administration may modify the priorities identified in subsection B of this section based on the results of the administration's needs assessments and resource assessments and shall include the justification for modifications in its annual plan required pursuant to section 36-3432. No monies allocated for evaluation under subsection B, paragraph 2 of this section shall be used for design and implementation of a management information system. D. Subject to legislative appropriation, the administration shall establish as a goal an annual increase of total children's service system capacity by ten percent annually. 36-3434. Current service delivery system; continuation Nothing in this article relieves the state department of corrections, the department of economic security, the department of child safety, the department of education, the Arizona health care cost containment system, the department of health services or the Arizona supreme court from any current responsibility as prescribed by state or federal law. 36-3435. Intergovernmental agreement; needs and resources assessment; funding and service delivery plan; definition A. Pursuant to section 11-952, the administration, the department of child safety, the state department of corrections, the department of education and the supreme court shall enter into an intergovernmental agreement to develop a coordinated multiagency assessment of needs and resources and to develop a plan for interagency cooperation relating to funding and service delivery for children with behavioral health problems. The plan shall designate agency areas of responsibility for delivery of services. The needs and resources assessment study shall be completed within one year after the intergovernmental agreement is entered into. The funding and service delivery plan shall be completed within two years after the agreement is entered into. B. The administration shall require each contract that is awarded, renewed or amended with any regional behavioral health authority, subcontractor or service provider to specify that every reasonable effort must be made to provide services outside of regular school hours for any child who is placed in out-of-home care pursuant to title 8, chapter 4, article 8, 9, 10, 11, 12, 13 or 14. C. For the purposes of this section, "services" includes appointments and activities that are not related to school. 36-3436. Children's behavioral health services fund; exemption; use of monies A. The children's behavioral health 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. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 2. Are continuously appropriated. C. The administration shall enter into an agreement with one or more contractors for children's behavioral health services using monies from the children's behavioral health services fund to pay for behavioral health services for children. To be eligible to receive behavioral health services paid by the fund, an individual must meet all of the following conditions: 1. Meet the legal age requirements for school admission under title 15 at the time the individual was admitted and be enrolled in school. 2. Be uninsured or underinsured. 3. Be referred for behavioral health services by an educational institution. 4. Have written parental consent to obtain the behavioral health services. 5. Receive the behavioral health services by a contracted licensed behavioral health provider. 6. Receive the behavioral health services on or off school grounds. D. 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. E. The administration may impose cost sharing requirements on a sliding fee scale for behavioral health services provided by contractors. F. The administration 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 administration all rights to any type of medical benefit to which the person is entitled. G. This section does not establish: 1. An entitlement for any person to receive any particular service. 2. A duty on the administration to provide services or spend monies in excess of the monies in the fund. 36-3436.01. School-based behavioral health services; referrals; requirements; annual report A. Before a school provides school-based referrals for behavioral health services to a contracted behavioral health services provider either pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system, the school district governing board or charter school governing body shall adopt policies relating to school-based referrals. These policies shall be vetted at a public meeting in which the school district governing board or charter school governing body considers any comments submitted by the public before the governing board or governing body adopts the policies. The school district governing board or charter school governing body shall post the polices adopted pursuant to this section on each applicable school website. The policies shall include the following: 1. A process to allow a parent to annually opt into the school-based referrals. 2. A process to conduct a survey of parents whose children were referred to and received behavioral health services pursuant to this section. The survey may be completed online. The survey shall include at least the following: (a) Whether the parent opted into the program. (b) Whether the parent was notified before the referral took place. (c) Whether the behavioral health services referred were appropriate to meet the student's need. (d) Whether the parent is satisfied with the choice of behavioral health services providers. (e) Whether the parent intends to opt into a program again in the following school year. 3. A requirement that each school's website contain a list of behavioral health services providers with whom the school contracts. B. At the end of each school year, each participating school district and charter school shall report to the administration the school survey results. C. The administration shall compile a report based on the surveys received from participating school districts and charter schools as well as utilization data for behavioral health services received pursuant to the children's behavioral health services fund established by section 36-3436. On or before December 31 each year, the administration shall provide the report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state. The report shall include at least all of the following information: 1. The number of students served. 2. The types of behavioral health services provided. 3. The costs of the behavior health services provided.