Arizona 2023 2023 Regular Session

Arizona House Bill HB2826 Comm Sub / Analysis

Filed 05/08/2023

                      	HB 2826 
Initials AG 	Page 1 	Appropriations 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HB 2826: health boards; AHCCCS; continuation. 
Sponsor: Representative Livingston, LD 28 
Committee on Appropriations 
Overview 
Continues the Arizona Health Care Cost Containment System and various health regulatory 
boards. 
History 
Arizona Health Care Cost Containment System (AHCCCS) 
Laws 1981, Fourth Special Session, Chapter 1, effective 1982, established AHCCCS to 
administer Arizona's Medicaid program. AHCCCS operates under an integrated managed care 
model, through a Research and Demonstration 1115 Waiver pursuant to Section 1115 of the 
Social Security Act. AHCCCS is a federal health care program, jointly funded by the federal and 
state government, that contracts with health plans for the delivery of health care services to low-
income individuals, children and families who qualify for Medicaid and other assistance programs. 
Members must meet certain financial and non-financial requirements to be eligible for AHCCCS. 
Contracted health plans provide services to enrolled members and receive a fixed monthly 
amount or capitation payment for each enrolled member. AHCCCS enrolled members receive a 
full range of medical services under the following categories: 1) inpatient and outpatient services; 
2) long term care services; and 3) behavioral health services (A.R.S. §§ 36-2901, 36-2904, 36-
2907, 36-2932 and 36- 3403). 
The Director of AHCCCS is appointed by the Governor and confirmed by the Senate (A.R.S. § 
36-2902). AHCCCS terminates on July 1, 2023, unless legislation is enacted for its continuation 
(A.R.S. § 41-3023.01). 
Arizona State Board of Dental Examiners (BODEX) 
The BODEX was established in 1913 to regulate and license dental professionals, including 
dentists, dental hygienists, dental consultants, dental therapists, denturists, and dental assistants. 
Its mission is to provide professional, courteous service and information to the dental profession 
and the public through examination, licensure, complaint adjudication and enforcement processes 
to protect the oral health, safety and welfare of Arizona citizens. BODEX reviews complaints, 
investigates allegations and takes disciplinary action for violations of law (A.R.S. §§ 32-1203, 32-
1207, 32-1233, 32-1234, 32-1261, 32-1276.01, 32-1284 and 32-1295). 
BODEX consists of 11 members appointed by the Governor to serve four-year terms: 1) six 
licensed dentists; 2) two licensed dental hygienists; 3) two public members; and 4) one business 
entity member (A.R.S. § 32-1203). BODEX terminates on July 1, 2023, unless legislation is 
enacted for its continuation (A.R.S. § 41-3023.07). 
Arizona State Board of Massage Therapy (ABMT) 
Established in 2003, ABMT licenses and regulates massage therapists who specialize in the 
wellness, relaxation, stress reduction, pain relief, postural improvement or therapeutic benefits of    	HB 2826 
Initials AG 	Page 2 	Appropriations 
the public. Its mission is to protect the health, safety and welfare of Arizona citizens by regulating 
and maintaining the standards of the massage therapy profession. ABMT evaluates the 
professional competency of massage therapists and promotes continued competency and fitness 
by investigating complaints, holding hearings, monitoring the activities of its licensees, providing 
information to the public and enforcing the standards of practice for the massage therapy 
profession as set forth by law (A.R.S. §§ 32-4201, 32-4203, 32- 4222, 32-4225, 32-4253, 32-4254 
and 32-4259).  
ABMT consists of five members, three public members and two massage therapists all appointed 
by the Governor to five-year terms (A.R.S. § 32-4202). 
ABMT terminates on July 1, 2023, unless legislation is enacted for its continuation (A.R.S. § 41-
3023.10). 
Arizona Naturopathic Physicians Medical Board (NPMB) 
NPMB was created in 1935 to protect the public through regulation of the practice of naturopathic 
medicine. NPMB responsibilities include: 1) issuing licenses and certificates to qualified 
applicants; 2) investigating and resolving complaints; 3) adopting rules relating to naturopathic 
training and education programs; 4) regulating naturopathic medical students and naturopathic 
medical assistants; and 5) providing information to the public about licensees and certificate 
holders (A.R.S. §§ 32-1504, 32-1524, 32-1551, 32-1555 and 32-1559). 
NPMB consists of seven members, four naturopathic physicians and three public members who 
are appointed by the Governor for five-year terms (A.R.S. § 32-1502). 
NPMB terminates on July 1, 2023, unless legislation is enacted for its continuation (A.R.S. § 41-
3023.05). 
Arizona State Board of Optometry (SBO) 
SBO was created in 1907 to protect the health, safety and welfare of Arizona citizens by licensing 
and regulating optometrists. It accomplishes this by: 1) issuing licenses to qualified applicants to 
practice optometry; 2) investigating and adjudicating complaints against licensees; 3) adopting 
rules used to approve continuing education programs for licensees to maintain competency; and 
4) providing information about licensees to the public, including disciplinary and nondisciplinary 
histories (A.R.S. §§ 32-1704, 32-1722, 32-1742 and 32-1744). 
SBO consists of seven members, five optometrists and two public members, who are appointed 
by the Governor to serve four-year terms (A.R.S. § 32-1702). 
SBO terminates on July 1, 2023, unless legislation is enacted for its continuation (A.R.S. § 41-
3023.08). 
Senate Health and Human Services and House Health & Human Services Committees of 
Reference (COR) 
The COR met jointly on January 12, 2023, to review the performance audits and sunset reviews 
conducted by the Auditor General, evaluate the agencies response to the sunset factors and 
receive public testimony. The COR recommended that BODEX and ABMT be continued for two 
years and that AHCCCS, NPMB and SBO be continued for six y ears. Additional 
recommendations were also adopted for each agency and can be found in their COR reports 
located here. 
Provisions 
1. Continues, retroactive to July 1, 2023, the following agencies until July 1, 2025: 
a) BODEX; and 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2826 
Initials AG 	Page 3 	Appropriations 
b) ABMT. (Sec. 2, 8) 
2. Continues, retroactive to July 1, 2023, the following agencies until July 1, 2029: 
a) AHCCCS 
b) NPMB; and 
c) SBO. (Sec. 2, 8) 
3. Repeals: 
a) BODEX and ABMT on January 1, 2026; and 
b) AHCCCS, NPMB and SBO on January 1, 2030. (Sec. 2) 
4. Includes a purpose statement for AHCCCS, BODEX, AMDT, NPMB and SBO. (Sec. 3-7) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note