Arizona 2023 Regular Session

Arizona House Bill HB2246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: AHCCCS; eligibility; immigration status State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2246 Introduced by Representatives De Los Santos: Aguilar, Gutierrez, Mathis, Ortiz, Sandoval, Stahl Hamilton An Act amending section 36-2901, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 56; amending section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2; repealing section 36-2903.03, Arizona Revised Statutes; relating to the Arizona health care cost containment system. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: AHCCCS; eligibility; immigration status
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2246
12	12	Introduced by Representatives De Los Santos: Aguilar, Gutierrez, Mathis, Ortiz, Sandoval, Stahl Hamilton
13	13
14	14	REFERENCE TITLE: AHCCCS; eligibility; immigration status
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2246
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representatives De Los Santos: Aguilar, Gutierrez, Mathis, Ortiz, Sandoval, Stahl Hamilton
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending section 36-2901, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 56; amending section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2; repealing section 36-2903.03, Arizona Revised Statutes; relating to the Arizona health care cost containment system.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2901, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 56, 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. (vii) otherwise eligible pursuant to this article but for the person's immigration status. (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 licensed pursuant to title 32, chapter 13 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 certified pursuant to title 32, chapter 15 or a physician assistant certified 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. Section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2, 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 or a woman who is less than one year postpartum 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. (vii) otherwise eligible pursuant to this article but for the person's immigration status. (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 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 or certified nurse midwife who is certified pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners or certified nurse midwives 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. 3. Repeal Section 36-2903.03, Arizona Revised Statutes, is repealed. Sec. 4. Conforming legislation The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-sixth legislature, second regular session. Sec. 5. Conditional enactment Section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2 and this act, becomes effective only on the occurrence of the condition prescribed by Laws 2022, chapter 314, section 27.
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 36-2901, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 56, is amended to read:
83	83
84	84	START_STATUTE36-2901. Definitions
85	85
86	86	In this article, unless the context otherwise requires:
87	87
88	88	1. "Administration" means the Arizona health care cost containment system administration.
89	89
90	90	2. "Administrator" means the administrator of the Arizona health care cost containment system.
91	91
92	92	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.
93	93
94	94	4. "Department" means the department of economic security.
95	95
96	96	5. "Director" means the director of the Arizona health care cost containment system administration.
97	97
98	98	6. "Eligible person" means any person who is:
99	99
100	100	(a) Any of the following:
101	101
102	102	(i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan.
103	103
104	104	(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.
105	105
106	106	(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.
107	107
108	108	(iv) Defined as eligible pursuant to section 36-2901.01.
109	109
110	110	(v) Defined as eligible pursuant to section 36-2901.04.
111	111
112	112	(vi) Defined as eligible pursuant to section 36-2901.07.
113	113
114	114	(vii) otherwise eligible pursuant to this article but for the person's immigration status.
115	115
116	116	(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.
117	117
118	118	(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.
119	119
120	120	(d) An employee of a business within this state.
121	121
122	122	(e) A dependent of an officer or employee who is participating in the system.
123	123
124	124	(f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter.
125	125
126	126	(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.
127	127
128	128	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.
129	129
130	130	8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.
131	131
132	132	9. "Member" means an eligible person who enrolls in the system.
133	133
134	134	10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14).
135	135
136	136	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.
137	137
138	138	12. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.
139	139
140	140	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:
141	141
142	142	(a) The actual number of members who receive care from the contractor.
143	143
144	144	(b) The amount of health care services provided to any member.
145	145
146	146	14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.
147	147
148	148	15. "Primary care practitioner" means a nurse practitioner certified pursuant to title 32, chapter 15 or a physician assistant certified 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.
149	149
150	150	16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.
151	151
152	152	17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.
153	153
154	154	18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.
155	155
156	156	19. "State plan" has the same meaning prescribed in section 36-2931.
157	157
158	158	20. "System" means the Arizona health care cost containment system established by this article. END_STATUTE
159	159
160	160	Sec. 2. Section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2, is amended to read:
161	161
162	162	START_STATUTE36-2901. Definitions
163	163
164	164	In this article, unless the context otherwise requires:
165	165
166	166	1. "Administration" means the Arizona health care cost containment system administration.
167	167
168	168	2. "Administrator" means the administrator of the Arizona health care cost containment system.
169	169
170	170	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.
171	171
172	172	4. "Department" means the department of economic security.
173	173
174	174	5. "Director" means the director of the Arizona health care cost containment system administration.
175	175
176	176	6. "Eligible person" means any person who is:
177	177
178	178	(a) Any of the following:
179	179
180	180	(i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan.
181	181
182	182	(ii) Defined in title XIX of the social security act as an eligible pregnant woman or a woman who is less than one year postpartum 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.
183	183
184	184	(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.
185	185
186	186	(iv) Defined as eligible pursuant to section 36-2901.01.
187	187
188	188	(v) Defined as eligible pursuant to section 36-2901.04.
189	189
190	190	(vi) Defined as eligible pursuant to section 36-2901.07.
191	191
192	192	(vii) otherwise eligible pursuant to this article but for the person's immigration status.
193	193
194	194	(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.
195	195
196	196	(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.
197	197
198	198	(d) An employee of a business within this state.
199	199
200	200	(e) A dependent of an officer or employee who is participating in the system.
201	201
202	202	(f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter.
203	203
204	204	(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.
205	205
206	206	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.
207	207
208	208	8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.
209	209
210	210	9. "Member" means an eligible person who enrolls in the system.
211	211
212	212	10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14).
213	213
214	214	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.
215	215
216	216	12. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
217	217
218	218	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:
219	219
220	220	(a) The actual number of members who receive care from the contractor.
221	221
222	222	(b) The amount of health care services provided to any member.
223	223
224	224	14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.
225	225
226	226	15. "Primary care practitioner" means a nurse practitioner or certified nurse midwife who is certified pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners or certified nurse midwives as defined pursuant to title 32, chapter 15 or for physician assistants as defined pursuant to title 32, chapter 25.
227	227
228	228	16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.
229	229
230	230	17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.
231	231
232	232	18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.
233	233
234	234	19. "State plan" has the same meaning prescribed in section 36-2931.
235	235
236	236	20. "System" means the Arizona health care cost containment system established by this article. END_STATUTE
237	237
238	238	Sec. 3. Repeal
239	239
240	240	Section 36-2903.03, Arizona Revised Statutes, is repealed.
241	241
242	242	Sec. 4. Conforming legislation
243	243
244	244	The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-sixth legislature, second regular session.
245	245
246	246	Sec. 5. Conditional enactment
247	247
248	248	Section 36-2901, Arizona Revised Statutes, as amended by Laws 2022, chapter 314, section 2 and this act, becomes effective only on the occurrence of the condition prescribed by Laws 2022, chapter 314, section 27.