Arizona 2022 Regular Session

Arizona Senate Bill SB1366 Compare Versions

OldNewDifferences
1-Senate Engrossed AHCCCS; naturopathic physicians; contractors State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SENATE BILL 1366 An Act amending section 36-2901, Arizona Revised Statutes; relating to the Arizona health care cost containment system. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: AHCCCS; naturopathic physicians; contractors State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1366 Introduced by Senator Barto AN ACT Amending section 36-2901, Arizona Revised Statutes; amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2904.01; relating to the Arizona health care cost containment system. (TEXT OF BILL BEGINS ON NEXT PAGE)
22
33
44
55
66
77
88
9-Senate Engrossed AHCCCS; naturopathic physicians; contractors
9+REFERENCE TITLE: AHCCCS; naturopathic physicians; contractors
1010 State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
11-SENATE BILL 1366
11+SB 1366
12+Introduced by Senator Barto
1213
13-Senate Engrossed
14-
15-
16-
17-AHCCCS; naturopathic physicians; contractors
14+REFERENCE TITLE: AHCCCS; naturopathic physicians; contractors
1815
1916
2017
2118
2219
2320
2421
2522
2623
2724 State of Arizona
2825
2926 Senate
3027
3128 Fifty-fifth Legislature
3229
3330 Second Regular Session
3431
3532 2022
3633
3734
3835
3936
4037
4138
4239
43-SENATE BILL 1366
40+SB 1366
4441
4542
43+
44+Introduced by
45+
46+Senator Barto
4647
4748
4849
4950
5051
5152 AN ACT
5253
5354
5455
55-amending section 36-2901, Arizona Revised Statutes; relating to the Arizona health care cost containment system.
56+Amending section 36-2901, Arizona Revised Statutes; amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2904.01; relating to the Arizona health care cost containment system.
5657
5758
5859
5960
6061
6162 (TEXT OF BILL BEGINS ON NEXT PAGE)
6263
6364
6465
65- Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2901, Arizona Revised Statutes, is amended to read: START_STATUTE36-2901. Definitions In this article, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Administrator" means the administrator of the Arizona health care cost containment system. 3. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 or chapter 34 of this title to provide health care to members under this article or persons under chapter 34 of this title either directly or through subcontracts with providers. 4. "Department" means the department of economic security. 5. "Director" means the director of the Arizona health care cost containment system administration. 6. "Eligible person" means any person who is: (a) Any of the following: (i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan. (ii) Defined in title XIX of the social security act as an eligible pregnant woman with a family income that does not exceed one hundred fifty percent of the federal poverty guidelines, as a child under the age of six years and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines or as children who have not attained nineteen years of age and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines. (iii) Under twenty-six years of age and who was in the custody of the department of child safety pursuant to title 8, chapter 4 when the person became eighteen years of age. (iv) Defined as eligible pursuant to section 36-2901.01. (v) Defined as eligible pursuant to section 36-2901.04. (vi) Defined as eligible pursuant to section 36-2901.07. (b) A full-time officer or employee of this state or of a city, town or school district of this state or other person who is eligible for hospitalization and medical care under title 38, chapter 4, article 4. (c) A full-time officer or employee of any county in this state or other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee is employed has authorized participation in the system by resolution of the county board of supervisors. (d) An employee of a business within this state. (e) A dependent of an officer or employee who is participating in the system. (f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter. (g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2929. 7. "Graduate medical education" means a program, including an approved fellowship, that prepares a physician for the independent practice of medicine by providing didactic and clinical education in a medical discipline to a medical student who has completed a recognized undergraduate medical education program. 8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others. 9. "Member" means an eligible person who enrolls in the system. 10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14). 11. "Noncontracting provider" means a person who provides health care to members pursuant to this article but not pursuant to a subcontract with a contractor. 12. "Physician" means a person who is licensed pursuant to title 32, chapter 13, 14 or 17. 13. "Prepaid capitated" means a mode of payment by which a health care contractor directly delivers health care services for the duration of a contract to a maximum specified number of members based on a fixed rate per member notwithstanding: (a) The actual number of members who receive care from the contractor. (b) The amount of health care services provided to any member. 14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist. 15. "Primary care practitioner" means a nurse practitioner who is certified pursuant to title 32, chapter 15 or a physician assistant certified who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners as defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant to title 32, chapter 25. 16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. 17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services. 18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31. 19. "State plan" has the same meaning prescribed in section 36-2931. 20. "System" means the Arizona health care cost containment system established by this article. END_STATUTE Sec. 2. Conditional enactment; notice A. Subject to the approval by the centers for medicare and medicaid services, section 36-2901, Arizona Revised Statutes, as amended by this act, becomes effective on October 1 following that approval. B. The Arizona health care cost containment system administration shall notify the director of the Arizona legislative council in writing on or before October 1, 2025 either: 1. Of the date of the approval by the centers for medicare and medicaid services. 2. That the centers for medicare and medicaid services did not approve the administration's request.
66+ Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2901, Arizona Revised Statutes, is amended to read: START_STATUTE36-2901. Definitions In this article, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Administrator" means the administrator of the Arizona health care cost containment system. 3. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 or chapter 34 of this title to provide health care to members under this article or persons under chapter 34 of this title either directly or through subcontracts with providers. 4. "Department" means the department of economic security. 5. "Director" means the director of the Arizona health care cost containment system administration. 6. "Eligible person" means any person who is: (a) Any of the following: (i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan. (ii) Defined in title XIX of the social security act as an eligible pregnant woman with a family income that does not exceed one hundred fifty percent of the federal poverty guidelines, as a child under the age of six years and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines or as children who have not attained nineteen years of age and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines. (iii) Under twenty-six years of age and who was in the custody of the department of child safety pursuant to title 8, chapter 4 when the person became eighteen years of age. (iv) Defined as eligible pursuant to section 36-2901.01. (v) Defined as eligible pursuant to section 36-2901.04. (vi) Defined as eligible pursuant to section 36-2901.07. (b) A full-time officer or employee of this state or of a city, town or school district of this state or other person who is eligible for hospitalization and medical care under title 38, chapter 4, article 4. (c) A full-time officer or employee of any county in this state or other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee is employed has authorized participation in the system by resolution of the county board of supervisors. (d) An employee of a business within this state. (e) A dependent of an officer or employee who is participating in the system. (f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter. (g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2929. 7. "Graduate medical education" means a program, including an approved fellowship, that prepares a physician for the independent practice of medicine by providing didactic and clinical education in a medical discipline to a medical student who has completed a recognized undergraduate medical education program. 8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others. 9. "Member" means an eligible person who enrolls in the system. 10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14). 11. "Noncontracting provider" means a person who provides health care to members pursuant to this article but not pursuant to a subcontract with a contractor. 12. "Physician" means a person who is licensed pursuant to title 32, chapter 13, 14 or 17. 13. "Prepaid capitated" means a mode of payment by which a health care contractor directly delivers health care services for the duration of a contract to a maximum specified number of members based on a fixed rate per member notwithstanding: (a) The actual number of members who receive care from the contractor. (b) The amount of health care services provided to any member. 14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist. 15. "Primary care practitioner" means a nurse practitioner who is certified pursuant to title 32, chapter 15 or a physician assistant certified who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners as defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant to title 32, chapter 25. 16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. 17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services. 18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31. 19. "State plan" has the same meaning prescribed in section 36-2931. 20. "System" means the Arizona health care cost containment system established by this article. END_STATUTE Sec. 2. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2904.01, to read: START_STATUTE36-2904.01. Contracts with naturopathic physicians; approved list of supplements, drugs and therapies A. Beginning October 1, 2022, the director shall require contractors to contract with at least one physician who is licensed pursuant to title 32, chapter 14 in each geographic service area for which the contractor is contracted pursuant to this article. B. Within six months after the centers for medicare and medicaid services approves a state plan amendment authorizing the administration to contract for services provided by physicians who are licensed pursuant to title 32, chapter 14, the administration shall approve a list of supplements, vitamins, minerals, nutrients, drugs, therapies, devices and modalities and other natural substances prescribed, dispensed or otherwise used by these physicians in providing covered services to members.
6667
6768 Be it enacted by the Legislature of the State of Arizona:
6869
6970 Section 1. Section 36-2901, Arizona Revised Statutes, is amended to read:
7071
7172 START_STATUTE36-2901. Definitions
7273
7374 In this article, unless the context otherwise requires:
7475
7576 1. "Administration" means the Arizona health care cost containment system administration.
7677
7778 2. "Administrator" means the administrator of the Arizona health care cost containment system.
7879
7980 3. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 or chapter 34 of this title to provide health care to members under this article or persons under chapter 34 of this title either directly or through subcontracts with providers.
8081
8182 4. "Department" means the department of economic security.
8283
8384 5. "Director" means the director of the Arizona health care cost containment system administration.
8485
8586 6. "Eligible person" means any person who is:
8687
8788 (a) Any of the following:
8889
8990 (i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan.
9091
9192 (ii) Defined in title XIX of the social security act as an eligible pregnant woman with a family income that does not exceed one hundred fifty percent of the federal poverty guidelines, as a child under the age of six years and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines or as children who have not attained nineteen years of age and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines.
9293
9394 (iii) Under twenty-six years of age and who was in the custody of the department of child safety pursuant to title 8, chapter 4 when the person became eighteen years of age.
9495
9596 (iv) Defined as eligible pursuant to section 36-2901.01.
9697
9798 (v) Defined as eligible pursuant to section 36-2901.04.
9899
99100 (vi) Defined as eligible pursuant to section 36-2901.07.
100101
101102 (b) A full-time officer or employee of this state or of a city, town or school district of this state or other person who is eligible for hospitalization and medical care under title 38, chapter 4, article 4.
102103
103104 (c) A full-time officer or employee of any county in this state or other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee is employed has authorized participation in the system by resolution of the county board of supervisors.
104105
105106 (d) An employee of a business within this state.
106107
107108 (e) A dependent of an officer or employee who is participating in the system.
108109
109110 (f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter.
110111
111112 (g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2929.
112113
113114 7. "Graduate medical education" means a program, including an approved fellowship, that prepares a physician for the independent practice of medicine by providing didactic and clinical education in a medical discipline to a medical student who has completed a recognized undergraduate medical education program.
114115
115116 8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.
116117
117118 9. "Member" means an eligible person who enrolls in the system.
118119
119120 10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14).
120121
121122 11. "Noncontracting provider" means a person who provides health care to members pursuant to this article but not pursuant to a subcontract with a contractor.
122123
123124 12. "Physician" means a person who is licensed pursuant to title 32, chapter 13, 14 or 17.
124125
125126 13. "Prepaid capitated" means a mode of payment by which a health care contractor directly delivers health care services for the duration of a contract to a maximum specified number of members based on a fixed rate per member notwithstanding:
126127
127128 (a) The actual number of members who receive care from the contractor.
128129
129130 (b) The amount of health care services provided to any member.
130131
131132 14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.
132133
133134 15. "Primary care practitioner" means a nurse practitioner who is certified pursuant to title 32, chapter 15 or a physician assistant certified who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners as defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant to title 32, chapter 25.
134135
135136 16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.
136137
137138 17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.
138139
139140 18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.
140141
141142 19. "State plan" has the same meaning prescribed in section 36-2931.
142143
143144 20. "System" means the Arizona health care cost containment system established by this article. END_STATUTE
144145
145-Sec. 2. Conditional enactment; notice
146+Sec. 2. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2904.01, to read:
146147
147-A. Subject to the approval by the centers for medicare and medicaid services, section 36-2901, Arizona Revised Statutes, as amended by this act, becomes effective on October 1 following that approval.
148+START_STATUTE36-2904.01. Contracts with naturopathic physicians; approved list of supplements, drugs and therapies
148149
149-B. The Arizona health care cost containment system administration shall notify the director of the Arizona legislative council in writing on or before October 1, 2025 either:
150+A. Beginning October 1, 2022, the director shall require contractors to contract with at least one physician who is licensed pursuant to title 32, chapter 14 in each geographic service area for which the contractor is contracted pursuant to this article.
150151
151-1. Of the date of the approval by the centers for medicare and medicaid services.
152-
153-2. That the centers for medicare and medicaid services did not approve the administration's request.
152+B. Within six months after the centers for medicare and medicaid services approves a state plan amendment authorizing the administration to contract for services provided by physicians who are licensed pursuant to title 32, chapter 14, the administration shall approve a list of supplements, vitamins, minerals, nutrients, drugs, therapies, devices and modalities and other natural substances prescribed, dispensed or otherwise used by these physicians in providing covered services to members.