PREFILED JAN 08 2018
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REFERENCE TITLE: health care providers; religious beliefs |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2103 |
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Introduced by Representatives Powers Hannley: Alston, Blanc, Clark, Engel, Epstein, Fernandez, Friese, Gabaldón, Rios, Saldate, Salman
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AN ACT
aMENDING Title 36, Arizona Revised Statutes, by adding chapter 33; RELATING TO health care providers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 33, to read:
CHAPTER 33
PATIENT REPRODUCTIVE HEALTH CARE OPTIONS
ARTICLE 1. GENERAL PROVISIONS
36-3301. Definitions
In this article, unless the context otherwise requires:
1. "Clinical privileges" means privileges with or membership on the medical staff of a health care entity and other circumstances pertaining to the furnishing of health care services under which a physician or other health care practitioner is allowed to furnish such care by the health care entity.
2. "Health care entity" means any of the following:
(a) A hospital that is licensed to provide health care services in this state.
(b) An entity that provides health care services and that follows a formal peer review process to further quality health care.
(c) A health care facility or institution that is licensed pursuant to chapter 4 of this title.
(d) A health professional as defined in section 32‑3201 who provides reproductive health care services to humans.
3. "Health care practitioner" means an individual, other than a physician, who is licensed or otherwise authorized by this state to provide any type of reproductive health care services.
4. "Health care services" means:
(a) Inpatient hospital services, including inpatient critical access hospital services or extended care services.
(b) Outpatient diagnostic or therapeutic items or services, outpatient surgical services or outpatient medical services with a physician or other licensed health care practitioner who has clinical privileges.
(c) Any services provided by a health care practitioner.
5. "Hospital" means an entity that is primarily engaged in providing, by or under the supervision of physicians, inpatient diagnostic services and therapeutic services for the medical diagnosis, treatment and care of injured or sick persons or persons with a disability or rehabilitation services for the rehabilitation of injured or sick persons or persons with a disability, that maintains clinical records on all patients and that has bylaws in effect with respect to its staff of physicians.
6. "Physician" means a physician who is licensed pursuant to title 32, chapter 13 or 17 and who provides any type of reproductive health care services.
7. "Religious beliefs" means any set of philosophical or religious beliefs, guidelines, decrees or directives or other instructions determining patient care that are not based on legal, peer-reviewed or scientifically accepted standards of health care and that may be imposed on a health care entity through employment or clinical privileges.
36-3302. Health care entities; policy; religious beliefs; excluded health care services; disclosure requirements; applications for state grants
A. Not later than twelve months after the effective date of this section, a health care entity that does not provide certain health care services based on the entity's religious beliefs shall adopt a policy that provides a complete list of health care services that the health care entity will not provide to patients based on the entity's religious beliefs. Before treatment is initiated or, in the case of an emergency, as soon as a patient is capable or the patient's representative is available, the health care entity that adopted the policy shall provide a written notice to the patient or the patient's representative that includes the list of health care services that the entity will not provide based on the entity's religious beliefs. The patient or patient's representative shall acknowledge receipt of the notice that includes the list of excluded health care services.
B. Not later than twelve months after the effective date of this section, a health care entity that does not provide health care services based on religious beliefs shall inform any state or federal agency that licenses or otherwise regulates the health care entity of all health care services that the entity will not provide. State agencies that enroll or otherwise oversee the application of health care entities into state or federal health care reimbursement programs shall amend the application process to include a requirement that health care entities disclose any health care services the entity does not provide based on the entity's religious beliefs.
C. A health care entity shall provide a list of the health care services that the health care entity does not provide based on religious beliefs when applying for any state grant that is related to providing any kind of health care service.
36-3303. Health plan providers; insurers; religious beliefs; excluded health care services; availability of health care services
A. Not later than eighteen months after the effective date of this section, each group health plan provider and health insurer offering group or individual health insurance coverage shall provide its enrollees with a list of all health care entities within the provider's or insurer's network of health care providers that do not provide certain health care services based on religious beliefs and any health care service that will not be provided by each health care entity listed. The information required in this subsection shall also be available on the provider's and insurer's website.
B. Not later than twelve months after the effective date of this section, each health care entity shall provide a complete list of health care services that the health care entity will not provide based on the entity's religious beliefs to all group health plan providers and health insurers offering group or individual health insurance coverage from whom the health care entity seeks and accepts payments. Each health care entity shall prominently list on the entity's website the health care services that it will not provide to patients based on the entity's religious beliefs and shall provide the list of excluded health care services to any person on request.
Sec. 2. Short title
This act may be cited as the "Patient's Right to Know Act".