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REFERENCE TITLE: orthotics; prosthetics; standards |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1451 |
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Introduced by Senator Brophy McGee
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AN ACT
amending title 36, chapter 25, Arizona Revised Statutes, by adding article 2; relating to orthotic and prosthetic devices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The chapter heading of title 36, chapter 25, Arizona Revised Statutes, is changed from "HEALTH CARE QUALITY ASSURANCE" to "HEALTH CARE QUALITY".
Sec. 2. Title 36, chapter 25, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. ORTHOTIC AND PROSTHETIC DEVICE STANDARDS
36-2411. Custom orthotic and custom prosthetic devices; requirements; definition
A. Beginning January 1, 2018, a custom orthotic or custom prosthetic device furnished to an individual by a health care provider shall meet all of the following requirements:
1. Subject to the exemptions set forth in 42 United States Code section 1395m(a)(20)(F)(ii), be provided by a fabricator or supplier that is accredited by an independent accreditation organization approved by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1395m(a)(20)(B) and the regulations promulgated thereunder.
2. Be provided by a health care provider that is a qualified practitioner as defined in 42 United States Code section 1395m(h)(1)(F) or is licensed pursuant to title 32, chapter 7, 13, 17, 19, 25 or 34.
3. Have a valid prescription for the custom orthotic or custom prosthetic device.
B. A health care provider that does not receive insurance reimbursement for a custom orthotic or custom prosthetic device because the custom orthotic or custom prosthetic device or the provider does not meet the requirements of subsection A of this section may not attempt to collect payment or reimbursement for the custom orthotic or custom prosthetic device from the patient. The patient is not responsible for any reimbursement that would otherwise have been paid by the insurer.
C. This section does not require a health care provider to accept medicare patients.
D. For the purposes of this section, "custom orthotic or custom prosthetic device" means an orthotic or prosthetic device that is individually fabricated for a patient over a positive mold, a tracing or a scan of the patient. Custom orthotic or custom prosthetic device does not include shoes and shoe inserts, a dental device or the replacement of all or part of an internal body organ.