Ariz. Rev. Stat. § 8-512

Comprehensive medical and dental care; guidelines

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A. The department shall provide comprehensive medical and dental care, including behavioral health services, as prescribed by rules of the department, for each child who is:

1. In a voluntary placement pursuant to section 8-806.

2. In the custody of the department in an out-of-home placement.

3. In the custody of a probation department and placed in foster care. The department shall not provide this care if the cost exceeds funds currently appropriated and available for that purpose.

B. The comprehensive medical and dental care consists of those benefits provided by the Arizona health care cost containment system benefit as prescribed in title 36, chapter 29, article 1 and as set forth in the approved medicaid state plan.

C. The department shall require providers to submit claims for medical and dental services pursuant to section 36-2903.01.

D. The department shall require that the provider pursue other third party payors before submitting a claim to the department. Payment received by a provider from the department is considered payment by the department of the department's liability for the bill. A provider may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

E. The department shall not pay claims for services pursuant to this section that are submitted more than one hundred eighty days after the date of the service for which the payment is claimed.

F. The department may provide for payment through an insurance plan, hospital service plan, medical service plan, or any other health service plan authorized to do business in this state, fiscal intermediary or a combination of such plans or methods. The state shall not be liable for and the department shall not pay to any plan or intermediary any portion of the cost of comprehensive medical and dental care in excess of funds appropriated and available for such purpose at the time the plan or intermediary incurs the expense for such care.

G. The total amount of state monies that may be spent in any fiscal year by the department for comprehensive medical and dental care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

Notes of Decisions
Cited in 12 cases, 1965–2019 · leading case: DIANA H. v. Rubin
DIANA H. v. Rubin (2007) arizctapp · cites it 32× “Statutory Construction of A.R.S. § 8-512 ¶ 54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent's religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Tinsley v. McKay (2015) azd · cites it 8× “For all children in voluntary placement, DCS custody, or custody of the probation department, DCS collaborates with DHS and AHCCCS to “provide comprehensive medical and dental care,” A.”
In Re the Appeal in Pima County Juvenile Action No. J-78632 (1986) ariz · cites it 2× “§ 8-242; provision for comprehensive medical and dental care for children in the custody of the Department and placed with a relative or placed in a foster home, A.R.S. § 8-512. In addition, the legislature has for many years appropriated substantial amounts of money to the…”
Arizona Department of Economic Security v. Superior Court (1992) arizctapp · cites it 10× “ments for which DES must provide medical and dental care for dependent children are enumerated in A.R.S. § 8-512(A): A. The department [DES] shall provide comprehensive medical and dental care, as prescribed by the rules and regulations of the department, for each child: 1.”
Caruso v. Superior Court in and for County of Pima (1966) ariz · cites it 2× “The mother relinquished the child for adoption to The Catholic Social Service pursuant to A.R.S. § 8-512, subsec. B. Petitioner is the natural father of the child and filed a certificate of parental acknowledgment as provided in A.”
Caruso v. Superior Court (1965) arizctapp · cites it 6× “The natural mother relinquished the child for adoption to The Catholic Social Service, a licensed child placement agency, in pursuance of A.R.S. § 8-512, subsec. B. The petitioner herein, who contends that he is the natural father of this child, has acknowledged parentage *136…”
In Re the Appeal in Maricopa County, Juvenile Action No. J-57445 (1984) arizctapp · cites it 2× “A.R.S. § 8-512. Finally, D.E.S. or the authorized placing agency may “withdraw a child from a foster home when the division or agency determines that withdrawal is necessary for the child’s interests and welfare.”
In Re Adoption of Krueger (1968) ariz · cites it 2× “In that case, the natural mother relinquished her child to the Catholic Social Service pursuant to A.R.S. § 8-512, subsec. B. The father desired to obtain custody of the child.”
Diana H. v. Arizona Department of Economic Security (2007) arizctapp · cites it 16× “Statutory Construction of A.R.S. § 8-512 ¶54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent’s religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Tinsley v. Flanagan (2019) azd · cites it 4× “59 (AHCCCS “must provide 10 the screening services”); and A.R.S. § 8-512(A) (DCS “shall provide comprehensive 11 medical and dental care”).”
Steffen v. Bunker (1968) ariz · cites it 2× “In that case, the natural mother relinquished her child to the Catholic Social Service pursuant to A.R.S. § 8-512, subsec. B. The father desired to obtain custody of the child.”
Arlene L. v. Dcs (2014) arizctapp · cites it 4× “Moreover, when a dependent child is placed in foster care, as the Children were, DCS must also provide the child with “comprehensive medical and dental care,” A.R.S. § 8-512(A)(1), which “may include [a] program of regular health exams and immunizations.”
— Ariz. Rev. Stat. § 8-512(A) — 3 cases
Tinsley v. McKay (2015) azd “For all children in voluntary placement, DCS custody, or custody of the probation department, DCS collaborates with DHS and AHCCCS to “provide comprehensive medical and dental care,” A.”
Arizona Department of Economic Security v. Superior Court (1992) arizctapp “ments for which DES must provide medical and dental care for dependent children are enumerated in A.R.S. § 8-512(A): A. The department [DES] shall provide comprehensive medical and dental care, as prescribed by the rules and regulations of the department, for each child: 1.”
Tinsley v. Flanagan (2019) azd “59 (AHCCCS “must provide 10 the screening services”); and A.R.S. § 8-512(A) (DCS “shall provide comprehensive 11 medical and dental care”).”
— Ariz. Rev. Stat. § 8-512(A)(1) — 3 cases
DIANA H. v. Rubin (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶ 54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent's religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Diana H. v. Arizona Department of Economic Security (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent’s religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Arlene L. v. Dcs (2014) arizctapp “Moreover, when a dependent child is placed in foster care, as the Children were, DCS must also provide the child with “comprehensive medical and dental care,” A.R.S. § 8-512(A)(1), which “may include [a] program of regular health exams and immunizations.”
— Ariz. Rev. Stat. § 8-512(A)(2) — 1 case
Arizona Department of Economic Security v. Superior Court (1992) arizctapp “ments for which DES must provide medical and dental care for dependent children are enumerated in A.R.S. § 8-512(A): A. The department [DES] shall provide comprehensive medical and dental care, as prescribed by the rules and regulations of the department, for each child: 1.”
— Ariz. Rev. Stat. § 8-512(A)(l) — 1 case
DIANA H. v. Rubin (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶ 54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent's religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
— Ariz. Rev. Stat. § 8-512(B) — 4 cases
DIANA H. v. Rubin (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶ 54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent's religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Tinsley v. McKay (2015) azd “For all children in voluntary placement, DCS custody, or custody of the probation department, DCS collaborates with DHS and AHCCCS to “provide comprehensive medical and dental care,” A.”
Tinsley v. Flanagan (2019) azd “59 (AHCCCS “must provide 10 the screening services”); and A.R.S. § 8-512(A) (DCS “shall provide comprehensive 11 medical and dental care”).”
Diana H. v. Arizona Department of Economic Security (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent’s religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
— Ariz. Rev. Stat. § 8-512(B)(1)(a) — 2 cases
DIANA H. v. Rubin (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶ 54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent's religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
Diana H. v. Arizona Department of Economic Security (2007) arizctapp “Statutory Construction of A.R.S. § 8-512 ¶54 The majority recognizes that a state may constitutionally require the immunization of children despite a parent’s religious objection, see ¶ 24, supra, and there can be no serious question about this proposition.”
— Ariz. Rev. Stat. § 8-512(C)(1) — 1 case
Arlene L. v. Dcs (2014) arizctapp “Moreover, when a dependent child is placed in foster care, as the Children were, DCS must also provide the child with “comprehensive medical and dental care,” A.R.S. § 8-512(A)(1), which “may include [a] program of regular health exams and immunizations.”
— Ariz. Rev. Stat. § 8-512(D) — 1 case
Tinsley v. McKay (2015) azd “For all children in voluntary placement, DCS custody, or custody of the probation department, DCS collaborates with DHS and AHCCCS to “provide comprehensive medical and dental care,” A.”
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