The Arizona Senate has signed off on a bill that would scrap a long-standing 55-bed limit on how many Maricopa County residents can receive treatment in the civil unit of the Arizona State Hospital. That cap, baked into the Arnold v. Sarn settlement, has left some patients waiting months in county hospital units. Backers say tearing it up would let the state move people out of crowded Valleywise facilities into a more therapeutic setting at ASH, while officials caution that reopening shuttered floors will still take money and staff.
Senate Action And The Local Reckoning
The measure has cleared the Arizona Senate and is set for a House committee hearing next week, according to KJZZ. Will Humble, executive director of the Arizona Public Health Association and a former ADHS director who signed the 2014 stipulation, told the station he regrets agreeing to the cap, saying, “I agreed to the 55 cap. So, mea culpa there.” He noted the limit was part of a broader settlement that secured performance measures, but said it now keeps people from the care they need.
What The Bill Would Change
Senate amendments to S.B. 1813, detailed by the Arizona Legislature, would direct the state hospital to admit patients “based on clinical need” and explicitly bar limiting admissions by county of residence. The 55-bed restriction for Maricopa County stems from the Arnold v. Sarn stipulation rather than state law, as explained by AHCCCS.
Capacity Mismatch
The ASH fiscal report shows the civil hospital is licensed for 116 beds, so the settlement cap covers far fewer people than the facility could legally house. Reporting from the Arizona Center for Investigative Reporting and accounts from local clinicians have documented long waits at Valleywise for people who might benefit from state hospital care, a backlog advocates say could be eased if the cap is lifted.
How Lifting The Cap Would Work
Supporters note there is already physical space at ASH. Humble told KJZZ that empty floors in the Ironwood building could hold “dozens more” beds. He and hospital leaders also stress that staffing is the real choke point, since the state would have to budget for and recruit clinicians, nurses and security staff before any new beds could open.
Legal Questions
Because the 55-bed limit lives inside the 2014 Arnold v. Sarn stipulation and not in statute, any legislative move to override it could prompt plaintiffs or a court monitor to seek enforcement or modification of the agreement, according to AHCCCS. That legal tension is one reason lawmakers and advocates say any statutory fix should come with clear funding and an implementation timeline.
What To Watch Next
The bill now heads into the House committee process. If S.B. 1813 clears the Legislature and is signed by the governor, advocates say it would provide the legal green light to move patients from Valleywise into ASH, but it would not instantly create staffed beds. Lawmakers, hospital officials and advocates would still have to line up dollars, recruitment efforts and a schedule to reopen vacant floors once the legal barrier is out of the way.
