Bill Text: AZ HB2822 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Health care providers; refused services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-11 - House read second time [HB2822 Detail]
Download: Arizona-2021-HB2822-Introduced.html
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REFERENCE TITLE: health care providers; refused services |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2822 |
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Introduced by Representative Friese
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AN ACT
aMENDING Title 36, chapter 11, Arizona Revised Statutes, by adding article 2; RELATING TO HEALTH CARE SERVICES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. PATIENTS' RIGHT TO KNOW ACT
36-1306. Definitions
In this article, unless the context otherwise requires:
1. "Accommodated entity":
(a) Means any health care institution that uses or plans to use a denial of care provision to refuse to provide a health care service or referral for a health care service for any reason.
(b) Does not include a health professional.
2. "Denial of care provision" means any federal or state law that purports to allow a health care institution to opt out of providing a health care service or referral.
3. "Department" means the department of health services.
4. "Health care institution" has the same meaning prescribed in section 36-401.
5. "Health care service" means any health-related services or medical services as defined in section 36-401.
6. "Health insurer" has the same meaning prescribed in section 20-238.
7. "Health professional" has the same meaning prescribed in section 32-3201.
8. "Refused service":
(a) Means a health care service that an accommodated entity chooses not to provide or provide a referral for pursuant to one or more denial of care provisions.
(b) Includes health care services that an accommodated entity selectively provides to some patients but not others based on the patient's identity, an objection to a health care service or another nonmedical reason.
36-1306.01. List of refused services; policy; civil penalty
A. Not later than six months after the effective date of this section, each accommodated entity shall adopt a policy to provide patients with a complete list of refused services. This policy shall provide that:
1. Before any health care service is initiated, the accommodated entity will provide written notice to the patient or the patient's representative that includes the complete list of refused services.
2. In the case of emergency, the written notice will be provided promptly after patient is capable of receiving such notice or when patient's representative is available.
3. The patient or patient's representative must acknowledge receipt of the written notice of refused services.
4. The accommodated entity will retain all acknowledgements of receipt for a period of not less than three years.
5. The accommodated entity will provide a complete list of refused services to any person on request.
B. Not later than six months after the effective date of this section, an accommodated entity shall provide to the department a complete list of refused services. The accommodated entity shall inform the department within thirty days after any change is made to the list of refused services.
C. An accommodated entity shall provide a complete list of refused services when applying for any state grant or contract that is related to providing any health care service.
D. An accommodated entity that fails to comply with any provision of this section is subject to a civil penalty of not more than $5,000 per day of noncompliance.
36-1306.02. Department; rules; list; posting; community education program
A. The department shall adopt rules implementing this article, including a process to take and investigate complaints regarding accommodated entities that fail to comply with this article.
B. Not later than nine months after the effective date of this section, the department shall post on its website a current list of accommodated entities and the refused services for each.
C. The department shall develop and administer a program of community education and awareness concerning denial of health care services, including how the denial of health care can negatively impact health care access and quality, how the denial of care may be avoided and how the denial of care affects vulnerable people and communities.
36-1306.03. Health insurers; list of accommodated entities; refused services
Not later than twelve months after the effective date of this section and at least annually thereafter, each health insurer shall provide to all enrolled individuals a current list of accommodated entities and the refused services for each.
36-1306.04. Construction of article
A. This article does not allow or authorize denials of health care or discrimination in the provision of health care or health insurance.
B. This article does not limit any cause of action under state or federal law or limit any remedy in law or equity against a health care institution or health professional.
C. Compliance with this article does not reduce or limit any potential liability for accommodated entities in connection with the refused services or violations of state or federal law.
Sec. 2. Short title; purpose
A. This act may be cited as the "Patients' Right to Know Act".
B. An essential component of the fundamental health care principles of informed consent and freedom of choice is that individuals must be informed about the range of health care services available to them.
C. Health care institutions and health professionals have a duty to provide informed consent and to be forthright about the services they provide regardless of their beliefs.
D. It is the public policy of this state, consistent with all constitutionally protected rights, that every person shall have access to the vital information necessary to allow them to make informed decisions about their health and well-being.
E. While this state or the federal government may create various exemptions to allow health care institutions and health professionals to deny appropriate care to patients, these exemptions are not required by the Constitution of Arizona, and in fact, these exemptions are limited, based on the United States and Arizona Constitutions, to the extent that they would cause a substantive burden to any third party.
F. The Patients' Right to Know Act is intended to facilitate informed decision-making by patients and to increase transparency among health care institutions regarding the services they offer.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
