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REFERENCE TITLE: health care business; consumer information |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1236 |
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Introduced by Senators Burton Cahill: Aboud, Aguirre, Alvarez, Garcia, Lopez, Rios; Representatives Ableser, Lopes
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AN ACT
amending title 44, chapter 11, Arizona Revised Statutes, by adding article 24; relating to health care businesses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 24, to read:
ARTICLE 24. HEALTH CARE BUSINESSES
44-1799.81. Definitions
In this article, unless the context otherwise requires:
1. "Health care business" means a person or entity, whether established to make a profit or not, that collects or retains individually identifiable health information about individuals in relation to medical care.
2. "Individually identifiable health information" has the same meaning prescribed in the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936).
44-1799.82. Regulations
A. A person or entity that contracts or subcontracts with a health care business to receive individually identifiable health information shall disclose to the health care business whether any of the information will be transferred to a site outside of the United States.
B. A health care business or person or entity that contracts or subcontracts with a health care business shall not transmit individually identifiable health information to a site outside the United States unless all of the following apply:
1. The health care business discloses to the individual at the time of enrollment and reenrollment or, in the case of a health facility, on admission or as soon as practicable after admission, that the individual's individually identifiable health information may be transmitted to a site outside the United States.
2. The health care business obtains a consent acknowledgment from the individual whose health information is identifiable that the individually identifiable health information may be transmitted to a site outside the United States. This consent shall be renewed annually.
3. The individual may revoke the consent in writing to the health care business at any time.
4. The obligations imposed on a health care business by this section are undertaken by the business itself and are not delegated to a physician employed by or contracted with the health care business.END_STATUTE
44-1799.83. Consent form to transmit information outside country
A health care business shall use a form to obtain consent to transmit individually identifiable health information to a site outside the United States. This section does not apply if an individual initiates a request for health care services, diagnosis or treatment outside the United States. The form shall:
1. Be dated and signed by the individual whose health care information is identifiable.
2. Clearly and conspicuously disclose all of the following:
(a) That by signing the form, the individual is consenting to the transmission of the individual's individually identifiable health information to a site outside the United States.
(b) That the consent of the individual must be renewed at least annually.
(c) That the individual may revoke the individual's consent at any time.
(d) The procedure necessary to revoke the individual's consent.
44-1799.84. Discrimination prohibited
A health care business shall not discriminate against an individual or deny an individual health care service because the individual has not provided the individual's consent pursuant to this article.