Insurance and Health Care
55th Legislature - 1st Regular Session, 2021 Sunday, Jan 23 2022 4:57 AM
Bill Summaries
H2044: INSURANCE; OMNIBUS

Makes various changes to statutes relating to insurance. Expands applicability of statute regulating electronic communications and records of insurance to include disability, marine and transportation, surety, prepaid legal, prepaid dental, title, identity theft, disability, workers' compensation, and annuities that are subject to Title 20 (Insurance). The list of persons exempt from the requirement to obtain a license as an insurance producer is expanded to include a person whose activities in Arizona are limited to providing a website or other electronic platform for insurers and a person that processes payments or charges for insurance premiums if that person does not sell, solicit or negotiate insurance. A "federal home loan bank" (defined) cannot be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer member under any federal home loan bank security agreement or other similar arrangement relating to a security agreement to which that federal home loan bank is a party. Service contracts are required to disclose whether the contracts cover or exclude preexisting conditions. More.

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 1049

H2044: INSURANCE; OMNIBUS 2/1 House COW approved with amend #4053.
H2047: INSURANCE; OPTOMETRISTS; CONTRACTS; COVERED SERVICES

A contract entered into or renewed on or after January 1, 2022, between an optometric service corporation, health care services organization or disability insurer and an licensed optometrist cannot require the optometrist to provide services to an individual covered under a subscription contract, evidence of coverage or insurance policy based on a fee set by the corporation, organization or insurer unless the service for which the fee applies is a "covered service" (defined) under the individual's contract, coverage or policy. These contracts are also prohibited from requiring an optometrist to use specific vendors to replenish inventory of spectacle lenses, and from prohibiting an optometrist from offering or providing a vision service that is not a covered service at a fee determined by the optometrist. AS SIGNED BY GOVERNOR

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

H2047: INSURANCE; OPTOMETRISTS; CONTRACTS; COVERED SERVICES 3/23 signed by governor; Chap. 72, Laws 2021. message
H2065: MEDICAL FREEDOM; PARENTAL RIGHTS

Students are no longer prohibited from attending school without submitting documentary proof of required immunizations to the school administrator. Schools are prohibited from requiring a student to receive the recommended immunizations and from refusing to admit or otherwise penalizing a student because that student has not received the recommended immunizations. If a parent chooses to have the student immunized, the parent is required to submit documentary proof to the school administrator to verify that the pupil has received the recommended immunizations if an outbreak occurs. A student who lacks documentary proof of immunization may be excluded from school only if the student lacks an immunization for which there is an active case of a disease that the immunization is intended to prevent in that student's school and if the Department of Health Services or a local health department has declared an outbreak of that disease for an area that includes the student's school.

First sponsor: Rep. Fillmore ( - Dist )


 

General Comments (all lists):

1/25/21 IH- oppose

PA 1-29-21: Approved OPPOSE

H2065: MEDICAL FREEDOM; PARENTAL RIGHTS 1/14 referred to House hel-hu ser, educ.
H2102: AHCCCS; PREGNANT WOMEN; DENTAL CARE

The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include comprehensive dental care during a pregnancy for women who are at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from the general fund in FY2021-22 to the AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2021-22 to the AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. By October 1, 2022, the AHCCCS Administration is required to report to the Governor and the Legislature the actual costs incurred to provide dental services to pregnant women and the actual costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women during FY2021-22.

First sponsor: Rep. Jermaine ( - Dist )
Others: Sen. Alston (D - Dist 24), Rep. Andrade (D - Dist 29), Rep. Bolding (D - Dist 27), Rep. Bowers (R - Dist 25), Sen. Bowie (D - Dist 18), Rep. Butler (D - Dist 28), Rep. Chavez (D - Dist 29), Rep. DeGrazia (D - Dist 10), Sen. Engel (D - Dist 10), Rep. Espinoza (D - Dist 19), Rep. Friese (D - Dist 9), Sen. Gabaldon (D - Dist 2), Rep. D. Hernandez (D - Dist 2), Rep. Lieberman (D - Dist 28), Rep. Longdon (D - Dist 24), Sen. Marsh (D - Dist 28), Sen. Mendez (D - Dist 26), Rep. Meza (D - Dist 30), Rep. Pawlik (D - Dist 17), Sen. Rios (D - Dist 27), Rep. Salman (D - Dist 26), Rep. Schwiebert (D - Dist 20), Rep. Shah (D - Dist 24), Rep. Sierra (D - Dist 19), Sen. Stahl Hamilton (D - Dist 10), Sen. Steele (D - Dist 9), Rep. Teller (D - Dist 7), Sen. Terán (D - Dist 30)


 

General Comments (all lists):

1/25/21 IH- monitor

H2102: AHCCCS; PREGNANT WOMEN; DENTAL CARE 1/14 referred to House hel-hu ser, appro.
H2103: NURSING SHORTAGE; WORKFORCE PREPARATION; PLAN

Establishes an 18-member Nursing Workforce Preparation and Shortage Work Group in the Department of Health Services to review nursing education curriculum, establish a long-term plan to address Arizona's nursing workforce preparation and shortage, and prepare recommendations for changes to curriculum and the feasibility of a nurse residency pilot program. The Work Group is required to report its recommendations to the Legislature, the Arizona Board of Regents, and the Joint Legislative Budget Committee by June 30, 2022. Self-repeals January 1, 2024.

First sponsor: Rep. Jermaine ( - Dist )
Others: Sen. Alston (D - Dist 24), Rep. Andrade (D - Dist 29), Rep. Bolding (D - Dist 27), Rep. Bowers (R - Dist 25), Sen. Bowie (D - Dist 18), Rep. Butler (D - Dist 28), Rep. Chavez (D - Dist 29), Rep. DeGrazia (D - Dist 10), Sen. Engel (D - Dist 10), Rep. Espinoza (D - Dist 19), Rep. D. Hernandez (D - Dist 2), Rep. Lieberman (D - Dist 28), Sen. Mendez (D - Dist 26), Rep. Meza (D - Dist 30), Rep. Pawlik (D - Dist 17), Sen. Rios (D - Dist 27), Rep. Schwiebert (D - Dist 20), Rep. Sierra (D - Dist 19), Sen. Steele (D - Dist 9), Sen. Terán (D - Dist 30)


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

H2103: NURSING SHORTAGE; WORKFORCE PREPARATION; PLAN 1/14 referred to House hel-hu ser.
H2119: HEALTH CARE INSURANCE; AMENDMENTS

Various changes to statutes relating to health insurance. The article of statute regulating insurance holding company systems applies to all service corporations. Statute prohibiting payment for services to persons other than the assignee applies to a service corporation. Hospital, medical, dental and optometric service corporations are no longer prohibited from influencing the subscriber in the subscriber's free choice of hospital or practitioner. Modifies reporting requirements due dates. Statute establishing requirements for premium rates and rating practices does not apply if a small employer obtains a health benefits plan that is subject to and complies with specified federal law. Modifies exemptions from utilization review activities. AS SIGNED BY GOVERNOR

First sponsor: Rep. Bolick ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 1075

H2119: HEALTH CARE INSURANCE; AMENDMENTS 2/18 signed by governmor. Chap. 24, Laws 2021. message
H2240: MOTOR VEHICLE INSURANCE; NONRENEWAL

Insurers are authorized to fail to renew a motor vehicle insurance policy if the named insured, any person who resides in the same household as the named insured and who customarily operates a motor vehicle insured under the policy or any other person who regularly and frequently operates a motor vehicle insured under the policy has had at any time during the 24 months immediately before the notice of nonrenewal three or more at-fault accidents under any motor vehicle insurance policy issued by the insurer. The insurer is prohibited from failing to renew a motor vehicle insurance policy due to the driving record of a person other than the named insured, if the named insured agrees in writing to exclude as insured the person by name when operating a motor vehicle. An insurer may transfer up to one percent of its policies to an affiliated insurer within one calendar year if under a policy to be transferred one or more of the insureds that are insured under the policy have individually within the past 36 months had two or more at-fault accidents under any motor vehicle insurance policy issued by the insurer in which the property damage paid by the insurer for each accident exceeded $1,500 or individually have had three or more moving violations. More.

First sponsor: Rep. Biasiucci ( - Dist )


 

General Comments (all lists):

1/25/21 IH- oppose

PA 1-29-21: Approved OPPOSE

H2240: MOTOR VEHICLE INSURANCE; NONRENEWAL 1/21 referred to House com.
H2275: AHCCCS; DENTAL CARE; PREGNANT WOMEN

The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include comprehensive dental care for women who are at least 21 years of age and in any stage of pregnancy. Appropriates $178,900 from the general fund and $478,300 from federal Medicaid authority in FY2021-22 to the AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the Prescription Drug Rebate Fund in FY2021-22 to the AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. By October 1, 2022, the AHCCCS Administration is required to report to the Governor and the Legislature the actual costs incurred to provide dental services to pregnant women and the actual costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women during FY2021-22.

First sponsor: Rep. Butler ( - Dist )
Others: Sen. Alston (D - Dist 24), Rep. Andrade (D - Dist 29), Rep. Jermaine (D - Dist 18), Rep. Lieberman (D - Dist 28), Rep. Pawlik (D - Dist 17), Rep. Powers Hannley (D - Dist 9), Rep. Salman (D - Dist 26), Rep. Schwiebert (D - Dist 20), Sen. Terán (D - Dist 30)


 

General Comments (all lists):

1/25/21 IH- monitor

 

H2275: AHCCCS; DENTAL CARE; PREGNANT WOMEN 1/25 referred to House hel-hu ser, appro.
H2290: HEALTH CARE INSTITUITIONS; ACCREDITATION; INSPECTIONS

The Department of Health Services is authorized to accept an accreditation report in lieu of a compliance inspection for any health care institution, instead of only a behavioral health residential facility providing services to children, only if the institution is accredited by an independent, nonprofit accrediting organization approved by the Secretary of the U.S. Department of Health and Human Services, and the institution has not been subject to an enforcement action within the year preceding the annual licensing fee anniversary date.

First sponsor: Rep. Osborne ( - Dist )
Others: Rep. Chaplik (R - Dist 23), Rep. Dunn (R - Dist 13), Rep. Longdon (D - Dist 24)


 

General Comments (all lists):

1/25/21 IH- monitor

H2290: HEALTH CARE INSTITUITIONS; ACCREDITATION; INSPECTIONS 2/2 from House rules okay.
H2291: AHCCCS; PREGNANT WOMEN; DENTAL CARE

The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include comprehensive dental care during a pregnancy for women who are at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from the general fund in FY2021-22 to the AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2021-22 to the AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. By October 1, 2022, the AHCCCS Administration is required to report to the Governor and the Legislature the actual costs incurred to provide dental services to pregnant women and the actual costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women during FY2021-22.

First sponsor: Rep. Osborne ( - Dist )
Others: Rep. Butler (D - Dist 28), Rep. Cobb (R - Dist 5)


 

General Comments (all lists):

1/25/21 IH- monitor

H2291: AHCCCS; PREGNANT WOMEN; DENTAL CARE 1/25 House hel-hu ser held.
H2392: AHCCCS; GRADUATE MEDICAL EDUCATION; REIMBURSEMENT

Beginning March 1, 2022, the Arizona Health Care Cost Containment System Administration is required to establish a separate Graduate Medical Education Program to reimburse qualifying community health centers and rural health clinics that have an approved primary care graduate medical education program. The Program is contingent on approval by the federal Centers for Medicare and Medicaid Services. The AHCCCS Administration is required to adopt rules specifying the formula by which monies appropriated for graduate medical education are distributed to qualifying community health centers and rural health clinics. Establishes reporting requirements for recipients of the funds, and requires the AHCCCS Administration to report to the Joint Legislative Budget Committee by July 1 of each year on the number of new residency positions created with the funds. AS SIGNED BY GOVERNOR

First sponsor: Rep. Osborne ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. John (R - Dist 4)


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

H2392: AHCCCS; GRADUATE MEDICAL EDUCATION; REIMBURSEMENT 3/23 signed by governor; Chap. 81, Laws 2021. message
H2422: PATIENTS' BILL OF RIGHTS

Establishes a patients' bill of rights and requires health care providers to have each patient sign that the patient received a copy of the patients' bill of rights. The patients' bill of rights states that each patient is guaranteed the freedom to consult with the physician of their choice, be treated confidentially, refuse medical treatment, be informed about medical conditions and risks and benefits of treatment, communicate with family members, and receive full disclosure of their health care insurance plan in plain language.

First sponsor: Rep. Carroll ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. Nutt (R - Dist 14), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

1/25/21 IH- oppose

PA 1-29-21: Approved OPPOSE

H2422: PATIENTS' BILL OF RIGHTS 1/26 referred to House hel-hu ser.
H2423: IMMUNIZATIONS; EXEMPTION; REQUIREMENTS

A person who is required to receive an immunization for any purpose, including as a condition of employment, school attendance or obtaining any license, certification or degree, is allowed to claim an exemption from the immunization requirement if there is not a vaccine that has been approved by the U.S. Food and Drug Administration available to fulfill the requirement that also meets all of a list of specified criteria, including that the risk of permanent disability or death from the vaccine has been proven to be less than that caused by the infection it is intended to prevent. A person may claim the exemption on the person's own behalf or on behalf of the person's child or dependent.

First sponsor: Rep. Carroll ( - Dist )
Others: Rep. Nutt (R - Dist 14), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

1/25/21 IH- oppose

PA 1-29-21: Approved OPPOSE

H2423: IMMUNIZATIONS; EXEMPTION; REQUIREMENTS 1/26 referred to House hel-hu ser.
H2454: TELEHEALTH; HEALTH CARE PROVIDERS; REQUIREMENTS

Modifies the requirements for health and disability insurers to cover telehealth services. Insurers are required to reimburse health care providers at the same level of payment for equivalent services whether provided through telehealth using an audio-visual format or in-person care. Does not apply to a telehealth encounter provided through a platform sponsored or provided by the insurer. Insurers cannot require a health care provider to use a telehealth platform sponsored or provided by the insurer as a condition of network participation. The definition of "telehealth" is expanded to include the use of an audio-only telephone encounter between an insured and a health care provider if specified conditions are met. Establishes a 27-member Telehealth Advisory Committee on Telehealth Best Practices to review standards for telehealth best practices and relevant peer-reviewed literature, and to adopt telehealth best practice guidelines and recommendations. Factors the Committee must consider when doing so are listed. The Committee is required to submit a report of its findings and recommendations to the Governor and the Legislature by December 1, 2021. Beginning January 1, 2022, insurers are required to cover services provided through an audio-only telehealth encounter if the Committee recommends that the services may appropriately be provided in that manner. Before January 1, 2022, insurers are required to cover services provided through an audio-only telehealth encounter if that service is covered by Medicare or the Arizona Health Care Cost Containment System when provided in this manner. A health care provider regulatory board or agency is prohibited from enforcing any statute, rule or policy that would require a health care provider who is licensed by that board or agency and who is authorized to write prescriptions to require an in-person examination of the patient before issuing a prescription, except as specifically prescribed by federal law. Consistent with the best practice guidelines adopted by the Committee, health care providers are required to make a good faith effort to use best practices in determining whether a health care service should be provided through telehealth instead of in person, and in determining the communication medium of telehealth. Network adequacy standards required by state or federal law cannot be met by an insurer through the use of contracted health care providers who provide only telehealth services and do not provide in-person health care services in Arizona. Health care providers who are licensed in another state are authorized to provide telehealth services to a person in Arizona if the provider complies with a list of requirements, including maintaining liability insurance and following community of care standards. By September 1, 2021 or 30 days after the effective date of this legislation, whichever is earlier, the Department of Health Services is required to develop a three-year pilot program that allows the delivery of acute care services to patients in the patient's home by licensed hospitals in Arizona working in coordination with licensed home health professionals. By March 31, 2023, the Department of Insurance and Financial Institutions is required to report specified information on telehealth encounters to the Legislature. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Cobb ( - Dist )
Others: Sen. Barto (R - Dist 15), Rep. Osborne (R - Dist 13)


 

General Comments (all lists):

1/25/21 IH- monitor

H2454: TELEHEALTH; HEALTH CARE PROVIDERS; REQUIREMENTS 5/5 signed by governor. Chap. 320, Laws 2021. message
H2575: HOSPITALS; VISITATION

A hospital is required to provide notice of its visitation policy to a patient or the patient's representative. If a hospital's visitation policy allows in-person visitation of any kind and if authorized by the patient or patient's representative, the hospital is required to facilitate the ability of clergy to visit the patient in-person for religious purposes. Clergy are required to comply with reasonable health and safety precautions imposed by hospitals in connection with in-person visitation. If a hospital's visitation policy does not allow in-person visitation, the hospital is required to facilitate a virtual clergy visit using communication technology. AS SIGNED BY GOVERNOR

First sponsor: Rep. Nguyen ( - Dist )
Others: Rep. Bowers (R - Dist 25), Rep. Grantham (R - Dist 12), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15), Rep. Shah (D - Dist 24), Rep. Toma (R - Dist 22)


 

General Comments (all lists):

1/25/21 IH- monitor

H2575: HOSPITALS; VISITATION 5/5 signed by governor. Chap. 321, Laws 2021. message
H2620: HEALTH CARE WORKERS; ASSAULT; PREVENTION

The list of victims of assault that cause an assault to be classified as aggravated assault if the defendant knows of their profession is expanded to include a "health care worker" (defined) while engaged in the health care worker's work duties. Aggravated assault committed on a health care worker is a class 5 (second lowest) felony if the assault involves physical injury and a class 6 (lowest) felony otherwise. By July 1, 2022, "health care employers" (defined as licensed health care institutions with more than 50 employees) are required to develop, implement and maintain a written workplace violence prevention plan that includes specified provisions. As soon as practicable after a workplace violence incident is reported to a health care employer, the employer is required to investigate the incident and to document the findings, recommendations and corrective measures taken for each investigation conducted. AS PASSED HOUSE

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolick (R - Dist 20), Rep. Bowers (R - Dist 25), Rep. Cobb (R - Dist 5), Rep. Lieberman (D - Dist 28), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Osborne (R - Dist 13), Rep. Teller (D - Dist 7), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

1/25/21 IH- monitor

H2620: HEALTH CARE WORKERS; ASSAULT; PREVENTION 2/18 referred to Senate jud.
H2621: PRIOR AUTHORIZATION; UNIFORM REQUEST FORMS

By January 1, 2022, the Department of Insurance and Financial Institutions is required to approve a uniform prior authorization request form for prescription drugs, devices or durable medical equipment and a uniform prior authorization request form for all other health care procedures, treatments and services. By January 1, 2023, all providers are required to use only the forms and all health care services plans and utilization review agents must accept and process prior authorization requests submitted using the forms. Requirements for the form are specified. AS SIGNED BY GOVERNOR

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Bowers (R - Dist 25), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. M. Hernandez (D - Dist 26), Rep. Kavanagh (R - Dist 23), Rep. Longdon (D - Dist 24), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Osborne (R - Dist 13), Rep. Roberts (R - Dist 11), Sen. Stahl Hamilton (D - Dist 10), Rep. Teller (D - Dist 7), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

1/25/21 IH- monitor

H2621: PRIOR AUTHORIZATION; UNIFORM REQUEST FORMS 3/24 signed by governor; Chap. 115, Laws 2021. message
H2622: NONRETALIATION POLICIES; HEALTH CARE INSTITUTIONS

A "third-party contractor" (defined) of a health care institution is prohibited from taking retaliatory action against a health professional who in good faith reports a practice or policy that violates professional standards of practice or is against the law or poses a substantial risk to the health, safety or welfare of a patient. There is a rebuttable presumption that any termination or other adverse action that occurs more than 6 months, instead of 180 days, after the date of a report made is not a retaliatory action. AS SIGNED BY GOVERNOR

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Biasiucci (R - Dist 5), Rep. Bowers (R - Dist 25), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. M. Hernandez (D - Dist 26), Rep. Kavanagh (R - Dist 23), Rep. Lieberman (D - Dist 28), Rep. Longdon (D - Dist 24), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Osborne (R - Dist 13), Rep. Roberts (R - Dist 11), Sen. Stahl Hamilton (D - Dist 10), Rep. Teller (D - Dist 7), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

1/25/21 IH- monitor

H2622: NONRETALIATION POLICIES; HEALTH CARE INSTITUTIONS 3/23 signed by governor; Chap. 89, Laws 2021. message
H2625: OVERDOSE; DISEASE PREVENTION; PROGRAMS

Counties, municipalities, and nongovernmental organizations, or any combination of these entities, are authorized to establish and operate an overdose and disease prevention program, and required objectives for the program are listed. A program is required to offer specified services, including disposal of used needles and hypodermic syringes, needles and hypodermic syringes at no cost, access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the U.S. Food and Drug Administration to treat a drug overdose or referrals to programs that provide access, and consultations concerning mental health or substance use disorder treatment. An employee, volunteer or participant in the program cannot be charged with or prosecuted for possession of a needle, hypodermic syringe or other injection supply item obtained from or returned to a program or possession of a residual amount of a controlled substance contained in a used needle, hypodermic syringe or injection supply item obtained from or returned to a program, if the person claiming immunity provides verification that the item was obtained from a program.

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Jermaine (D - Dist 18), Rep. Teller (D - Dist 7), Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

1/25/21 IH- monitor

H2625: OVERDOSE; DISEASE PREVENTION; PROGRAMS 2/1 referred to House hel-hu ser.
H2627: HEALTH FACILITIES; RESUSCITATION; EMERGENCY CARE

All licensed health care institutions that provide congregant or residential care are required to provide cardiopulmonary resuscitation (CPR) and first aid training for all staff as prescribed in rule by the Department of Health Services. Facility staff who are certified in CPR must be available at all times. These facilities are required to establish and implement policies that require facility staff to immediately evaluate the condition and circumstances of any resident who experiences cardiac arrest, cessation of respiration or any other medical emergency. On a determination that immediate resuscitation or first aid is feasible and appropriate in accordance with that resident's advance directives or do-not-resuscitate order, facility staff are required to provide basic appropriate CPR or first aid care. These facilities are prohibited from implementing policies that prevent employees from providing immediate resuscitation that complies with these requirements. A facility or facility staff member who in good faith renders emergency care or emergency assistance in reasonable accordance with training to a person who experiences a medical emergency is not liable for civil damages as the result of any act or omission by the person, unless the person acted with gross negligence.

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. M. Hernandez (D - Dist 26)


 

General Comments (all lists):

1/25/21 IH- monitor

H2627: HEALTH FACILITIES; RESUSCITATION; EMERGENCY CARE 2/1 referred to House hel-hu ser.
H2633: HOME HEALTH CARE SERVICES (NURSING SHORTAGE; WORKFORCE PREPARATION; PLAN)

An "allowed practitioner" (defined as a certified nurse practitioner, certified clinical nurse specialist or certified physician assistant) is authorized to order home health services for a member of the Arizona Long-Term Care System (ALTCS). AS SIGNED BY GOVERNOR

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Jermaine (D - Dist 18)


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

H2633: HOME HEALTH CARE SERVICES 4/20 signed by governor. Chap. 265, Laws 2021. message
H2687: MEDICAL PRODUCTS; CONDITION OF EMPLOYMENT

A person cannot be required to take or otherwise receive or disclose whether the person has taken or received a "medical product" (defined as any drug or biologic) as a condition of employment, entry into any business or "public space" (defined) or receipt of any service or good unless the manufacturer of the medical product is liable for any death or serious injury caused by the medical product. Prohibits discrimination for refusing to take or otherwise receive a medical product if its manufacturer is not liable for all deaths and serious injuries caused by the medical product.

First sponsor: Rep. Carroll ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

H2687: MEDICAL PRODUCTS; CONDITION OF EMPLOYMENT 2/4 referred to House hel-hu ser, com.
H2695: HIV MEDICATION; PRIOR AUTHORIZATION; PROHIBITION

Health care services plans and utilization review agents, including Arizona Health Care Cost Containment System (AHCCCS) contractors, are prohibited from subjecting antiretroviral drugs prescribed to treat or prevent the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) to any prior authorization requirement, step therapy or other protocol that could restrict or delay dispensing the drug.

First sponsor: Rep. Wilmeth ( - Dist )
Others: Rep. Carroll (R - Dist 22), Rep. Chavez (D - Dist 29), Rep. Cobb (R - Dist 5), Rep. Grantham (R - Dist 12), Rep. John (R - Dist 4), Rep. Lieberman (D - Dist 28), Rep. Meza (D - Dist 30), Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

IH 2-22: Monitor

H2695: HIV MEDICATION; PRIOR AUTHORIZATION; PROHIBITION 2/2 referred to House hel-hu ser.
H2795: INSURANCE; IMPLEMENTATION CREDITS; EXCEPTIONS

Disability insurers and service corporations are authorized to pay implementation credits to offset expenses that a group policyholder or employer incurs in specified circumstances in the same manner as life insurers. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kaiser ( - Dist )


 

General Comments (all lists):

IH 2-22: Monitor

H2795: INSURANCE; IMPLEMENTATION CREDITS; EXCEPTIONS 4/1 signed by governor. Chap. 167, Laws 2021. message
HCR2024: MEDICAL MARIJUANA; MENTAL HEALTH; RESEARCH

The 2022 general election ballot is to carry the question of whether to amend state statute to make various changes relating to medical marijuana. The Department of Health Services (DHS) is required to develop warning labels based on the U.S. Surgeon General's warnings on marijuana and to require the labels to be affixed to the packaging of any medical marijuana dispensed. DHS is required to provide grants from monies in the Medical Marijuana Fund for meta-analysis on the correlation between marijuana use and mental illness and violent behavior. The DHS Director is required to transfer $2 million from the Fund to DHS to provide grants for the research studies. AS PASSED HOUSE

First sponsor: Rep. Bowers ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

HCR2024: MEDICAL MARIJUANA; MENTAL HEALTH; RESEARCH 3/24 Senate hel-hu ser held.
S1014: AHCCCS; CHIROPRACTIC CARE; REPORT

Subject to approval by the federal Centers for Medicare and Medicaid Services, the list of medically necessary health and medical services that Arizona Health Care Cost Containment System (AHCCCS) contractors are required to provide is expanded to include chiropractic services that are performed by a licensed chiropractor and that are ordered by a primary care physician or primary care practitioner pursuant to rules adopted by the AHCCCS Administration. The primary care physician or practitioner is permitted to initially order up to 20 visits annually and to authorize additional medically necessary chiropractic services in that same year. Monies from the Hospital Assessment Fund are prohibited from being used to provide chiropractic services. The AHCCCS Administration is required to prescribe qualifying conditions for chiropractic services and require contractors to report on the use of chiropractic services. The AHCCCS Administration is required to submit a report of chiropractic care cost savings determinations to the Governor and the Legislature by January 21, 2024.

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

S1014: AHCCCS; CHIROPRACTIC CARE; REPORT 2/23 referred to House hel-hu ser, appro.
S1044: CREDIT FOR REINSURANCE

Statutes governing credit for reinsurance are repealed and replaced. Establishes requirements for domestic ceding insurers to be allowed a credit for reinsurance. If the assuming insurer does not meet the requirements prescribed in this legislation, the credit for reinsurance cannot be allowed unless the assuming insurer agrees in the trust agreements to a list of specified conditions. Much more. The Director of the Department of Insurance and Financial Institutions is authorized to adopt rules to carry out this legislation. Applies to all cessions after the effective date of this legislation under reinsurance agreements that have an inception, anniversary or renewal date at least six months after the effective date. Contains a legislative intent section. AS SIGNED BY GOVERNOR

First sponsor: Sen. Livingston ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

S1044: CREDIT FOR REINSURANCE 5/11 signed by governor. Chap. 357, Laws 2021. message
S1049: INSURANCE; OMNIBUS

Makes various changes to statutes relating to insurance. Expands applicability of statute regulating electronic communications and records of insurance to include disability, marine and transportation, surety, prepaid legal, prepaid dental, title, identity theft, disability, workers' compensation, and annuities that are subject to Title 20 (Insurance). The list of persons exempt from the requirement to obtain a license as an insurance producer is expanded to include a person whose activities in Arizona are limited to providing a website or other electronic platform for insurers and a person that processes payments or charges for insurance premiums if that person does not sell, solicit or negotiate insurance. A "federal home loan bank" (defined) cannot be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer member under any federal home loan bank security agreement or other similar arrangement relating to a security agreement to which that federal home loan bank is a party. Service contracts are required to disclose whether the contracts cover or exclude preexisting conditions. Service contracts can exclude preexisting conditions only if the conditions were either known or would have been known by visually inspecting, operating, or testing the covered property. AS SIGNED BY GOVERNOR

First sponsor: Sen. Livingston ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 2044

S1049: INSURANCE; OMNIBUS 2/9 signed by governor. Chap. 5, Laws 2021. message
S1075: HEALTH CARE INSURANCE; AMENDMENTS

Various changes to statutes relating to health insurance. The article of statute regulating insurance holding company systems applies to all service corporations. Statute prohibiting payment for services to persons other than the assignee apply to a hospital and medical service corporation. Hospital, medical, dental and optometric service corporations are no longer prohibited from influencing the subscriber in the subscriber's free choice of hospital or practitioner. Modifies reporting requirements due dates. Statute establishing requirements for premium rates and rating practices does not apply if a small employer obtains a health benefits plan that is subject to and complies with specified federal law. Modifies exemptions from utilization review activities.

First sponsor: Sen. Livingston ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 2119

S1075: HEALTH CARE INSURANCE; AMENDMENTS 2/3 Senate COW approved with amend #4020 and flr amend #4081.
S1141: HEALTH CARE INSTITUTIONS; ACCREDITATION; INSPECTIONS

The Department of Health Services is authorized to accept an accreditation report in lieu of a compliance inspection for any health care institution, instead of only a behavioral health residential facility providing services to children, only if the institution is accredited by an independent, nonprofit accrediting organization approved by the Secretary of the U.S. Department of Health and Human Services, and the institution has not been subject to an enforcement action within the year preceding the annual licensing fee anniversary date. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

S1141: HEALTH CARE INSTITUTIONS; ACCREDITATION; INSPECTIONS 2/12 signed by governor. Chap. 15, Laws 2021. message
S1145: TELEMEDICINE; PHYSICIANS

For Arizona Medical Board and Board of Osteopathic Examiners in Medicine and Surgery licensees, it is "unprofessional conduct" to prescribe, dispense or furnish a prescription medication or prescription-only device through telemedicine without conducting a physical or mental health status examination that includes a clinical evaluation that is appropriate for the patient and the condition with which the patient presents. For Board of Pharmacy licensees, the definition of "unprofessional conduct" is modified to exclude knowingly dispensing a drug on a prescription order that was issued relating to diagnosis by the internet if the prescription was written because of a physical or mental health status examination conducted through “telemedicine” (defined elsewhere in statute), instead of only an examination conducted during a real-time telemedicine encounter with audio and video capability. AS PASSED SENATE

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

S1145: TELEMEDICINE; PHYSICIANS 2/24 referred to House hel-hu ser.
S1270: INSURANCE; PRESCRIPTION DRUGS; STEP THERAPY

Adds a new chapter to Title 20 (Insurance) governing "Step Therapy Protocols," defined as a protocol or program that establishes the specific sequence in which prescription drugs that are for a specified medical condition and that are medically necessary for a particular patient are covered by a health care insurer under a health care plan. Establishes requirements for clinical review criteria. If coverage of a prescription drug for the treatment of any medical condition is restricted for use by a health care insurer, pharmacy benefits manager or utilization review organization through the use of a step therapy protocol, the patient and prescribing provider must have access to a clear and convenient process to request a step therapy exception determination, and an exception must be granted if sufficient justification and supporting clinical documentation of any of a list of circumstances is submitted. A health care insurer, pharmacy benefits manager or utilization review organization is required to grant or deny a step therapy exception request within 72 hours after receiving the request, or within 24 hours if an exigent circumstance exists. On granting a step therapy exception determination, the health care insurer, pharmacy benefits manager or utilization review organization is required to authorize coverage for the prescription drug prescribed by the patient's treating health care provider if the prescription drug is covered by the patient's health care plan. Applies to any policy, contract or evidence of coverage delivered, issued for delivery or renewed on or after December 31, 2022. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )
Others: Rep. Cobb (R - Dist 5), Sen. Leach (R - Dist 11), Sen. Mesnard (R - Dist 17), Sen. Navarrete (D - Dist 30), Sen. Pace (R - Dist 25)


 

General Comments (all lists):

1/25/21 IH- oppose

PA 1-29-21: Approved OPPOSE

3/1/21 - NEUTRAL

S1270: INSURANCE; PRESCRIPTION DRUGS; STEP THERAPY 7/9 signed by governor. Chap. 431, Laws 2021. message
S1271: MEDICAL GRADUATE TRAINING PERMITS (ASSOCIATE PHYSICIANS; LICENSURE; COLLABORATIVE PRACTICE)

The Arizona Medical Board and the Board of Osteopathic Examiners in Medicine and Surgery are required to grant a one-year transitional training permit to a graduate of a school of medicine who is not otherwise eligible to apply for a license or training permit and who meets a list of specified requirements, including having submitted a valid application to an accredited internship or residency program but was not selected for a position, and successfully completing examinations. A transitional training permit can be renewed for two additional one-year periods. A transitional training permit holder is authorized to function only under the supervision of a qualified physician within the setting of an eligible entity. Establishes requirements for a supervising qualified physician, and limits a physician to supervising one permittee at a time. Establishes requirements for an eligible entity and the supervising physician, including to provide ongoing clinical training to a permittee and ensure the permittee’s tasks are within the scope of training, experience and competence. Before employing or contracting with a permittee, an eligible entity is required to notify the Department of Health Services (DHS) of the types and extent of medical training the entity plans to provide to the permittee and the names of the qualified physicians who will supervise the permittee. Establishes reporting requirements for entities that employ or contract with permittees. Requires permittees to participate in at least 60 hours of continuing medical education programs per year. By January 1, 2024, and January 1, 2025, DHS is required to report to the Legislature on the number of transitional training permits issued and other specified information relating to permittees. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )
Others: Rep. Chavez (D - Dist 29), Rep. Cobb (R - Dist 5), Rep. A. Hernandez (D - Dist 3), Sen. Leach (R - Dist 11), Rep. Meza (D - Dist 30)


 

General Comments (all lists):

1/25/21 IH- monitor

S1271: MEDICAL GRADUATE TRAINING PERMITS 5/10 signed by governor. Chap. 354, Laws 2021. message
S1297: INCOME TAX FILING EXTENSION; 2020 (INSURANCE; OPTOMETRISTS; CONTRACTS; COVERED SERVICES)

For tax year 2020, individual tax returns and individual income taxes owed are due on or before May 17, 2021, instead of April 15, 2021. A contribution to a qualifying charitable organization, contribution to a school tuition organization, contribution to a public school, or contribution to a certified school tuition organization that is made on or before May 17, 2021 may be applied to either than 2020 taxable year or the 2021 taxable year. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

3/23/21 - tax extension striker - SUPPORT

S1297: INCOME TAX FILING EXTENSION; 2020 4/5 signed by governor. Chap. 177, Laws 2021. message
S1300: OUTPATIENT FACILITIES; STANDARDS; DISCHARGE REQUIREMENTS

Standards for health care institutions adopted in rule by the Department of Health Services must allow an outpatient surgical center to require that either a licensed anesthesia provider or a licensed physician remain present on the premises until all patients are discharged from the recovery room.

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

S1300: OUTPATIENT FACILITIES; STANDARDS; DISCHARGE REQUIREMENTS 3/2 referred to House hel-hu ser.
S1355: DEVELOPMENTAL DISABILITIES; PROVIDER INCREASES

Appropriates the following amounts in the following fiscal years to the Department of Economic Security (DES) to provide reimbursement rate increases for services to individuals with intellectual and developmental disabilities: $30 million from the general fund and an unspecified amount (blank in original) in Medicaid expenditure authority in FY2021-22, and an unspecified amount (blank in original) from the general fund and an unspecified amount (blank in original) in Medicaid expenditure authority in FY2022-23 and FY2023-24. DES is required to use the FY2019-20 rate rebase study to provide reimbursement rate increases for all services provided to individuals with intellectual and developmental disabilities in FY2021-22, FY2022-23, and FY2023-24 so that each service receives an increase in each of the three fiscal years. DES is required to ensure that all reimbursement rates for services provided to individuals with intellectual and developmental disabilities are at 100 percent of the benchmark rates by the end of FY2023-24. DES is required to report to the Joint Legislative Budget Committee by September 1 each fiscal year describing its plans to implement these provider rate increases. Contains a legislative intent section.

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

IH 2-22: Monitor

S1355: DEVELOPMENTAL DISABILITIES; PROVIDER INCREASES 3/18 from House appro with amend #4864.
S1356: PHARMACY BENEFIT MANAGERS; PROHIBITED FEES

A pharmacy benefit manager is prohibited from directly or indirectly, on behalf of itself, a plan sponsor or an insurer, charging or holding a pharmacist or pharmacy responsible for a fee for any step of or component or mechanism related to the claims adjudication process. A pharmacy is authorized to submit a complaint of a violation of this prohibition to the Director of the Department of Insurance and Financial Institutions, and the Director is required to investigate the complaint. Establishes penalties for violations. Applies to contracts entered into, amended, extended or renewed after the effective date of this legislation. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

IH 2-22: Oppose

PA 2-26: Oppose

S1356: PHARMACY BENEFIT MANAGERS; PROHIBITED FEES 4/9 signed by governor. Chap. 217, Laws 2021. message
S1373: HEALTH FACILITIES; DUTY OF CARE

Licensed health care institutions that provide residential care and the institution's employees and agents have an affirmative duty of care for their residents. These institutions are required to initiate cardiopulmonary resuscitation (CPR), in accordance with that resident's advance directives and do-not-resuscitate order, to a resident who is nonresponsive or has a cessation of respiration, and are required to provide appropriate first aid to a resident who is in distress or who has fallen and is unable to reasonably recover independently. These institutions are prohibited from implementing policies that prevent employees from providing appropriate CPR or first aid to the institution's residents. Health care institutions and staff members who render CPR or first aid according to these requirements are not liable for civil damages as a result of any act or omission by the person rendering care, if the care is rendered in good faith and consistent with CPR or first aid certification standards. This liability exclusion does not apply to a person who acts with gross negligence while rendering care. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

IH 2-22: Oppose

PA 2-26: Oppose

S1373: HEALTH FACILITIES; DUTY OF CARE 5/4 signed by governor. Chap. 314, Laws 2021. message
S1374: CRISIS STANDARDS OF CARE; REQUIREMENTS

If the Department of Health Services (DHS) adopts or establishes a crisis standards of care plan or crisis guidelines or standards to address resource allocation when the demand for certain health care services exceeds the supply of necessary resources, a list of specified provisions must be included in the plan, guidelines, or standards, including that decisions on the allocation of health care resources cannot be discriminatory on the basis of specified factors, that each patient has the right to an individualized assessment on the basis of the best available objective medical evidence, and that a patient or the patient's family or health care decision maker has the right to appeal any triage decision. A health care provider or health care institution staff member is prohibited from requiring a patient or the patient's health care decision maker to sign a do-not-resuscitate order or make a particular health care treatment decision. DHS is required to modify any existing crisis standards of care plan or crisis guidelines or standards within 60 days after the effective date of this legislation to comply with these requirements. AS PASSED SENATE

First sponsor: Sen. Barto ( - Dist )
Others: Rep. Bolick (R - Dist 20), Sen. Borrelli (R - Dist 5), Sen. Fann (R - Dist 1), Rep. Fillmore (R - Dist 16), Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Rep. Griffin (R - Dist 14), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15), Rep. Kavanagh (R - Dist 23), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Mesnard (R - Dist 17), Rep. Parker (R - Dist 16), Sen. Petersen (R - Dist 12), Rep. Roberts (R - Dist 11), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

IH 2-22: Monitor

S1374: CRISIS STANDARDS OF CARE; REQUIREMENTS 3/11 referred to House hel-hu ser.
S1430: HIGHLY FATAL; DEFINITION

During a state of emergency, the Governor is authorized to issue orders that encourage, instead of mandate, medical examinations for exposed persons and/or treatment or vaccination of persons who are diagnosed with an illness or who are reasonably believed to have been exposed. The Governor's authority to issue orders that isolate and quarantine persons is limited to quarantine in the person's home while infected and contagious with a virus or other infectious agent for no longer than 30 days. On finding that a "highly contagious and highly fatal disease" (defined) with transmission characteristics similar to smallpox exists in Arizona, the measures allowed for addressing such a disease apply only to counties where at least 3.5 percent of the population of that county is confirmed to have been infected with the virus and the death rate from the virus in that county is greater than 3.5 percent when dividing the number of individuals confirmed to have died from the virus in that county by the total number of individuals in that county estimated to have been infected with the virus.

First sponsor: Sen. Townsend ( - Dist )
Others: Sen. Barto (R - Dist 15), Rep. Fillmore (R - Dist 16)


 

General Comments (all lists):

IH 2-22: Monitor

S1430: HIGHLY FATAL; DEFINITION 6/30 referred to House rules only.
S1679: HEALTH INSURERS; PROVIDER NETWORK; DENIAL

If a "health care provider" requests to join a "health care insurer's" "provider network" (all defined) and the insurer denies the request, the insurer is required to give the provider a written response that includes an explanation of the basis of the denial, detailed instructions that explain the process to file an appeal, and other specified information. A health care insurer is prohibited from denying a request to join the insurer's provider network based solely on the insurer's perception that additional network health care providers are not needed.

First sponsor: Sen. Pace ( - Dist )


 
S1679: HEALTH INSURERS; PROVIDER NETWORK; DENIAL 2/17 FAILED Senate fin 5-5.
S1682: HEALTH CARE PROVIDERS; TELEMEDICINE

For the purpose of the Arizona Medical Board, Board of Osteopathic Examiners in Medicine and Surgery, and Board of Pharmacy, the definition of "unprofessional conduct" is modified to remove the requirement for a telemedicine encounter to have real-time audio and video capability, and replace it with a requirement for a telemedicine encounter to follow specified state and federal law.

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

IH 2-22: Monitor

S1682: HEALTH CARE PROVIDERS; TELEMEDICINE 3/2 referred to House hel-hu ser.