Assigned to HHS AS
PASSED BY HOUSE
Assigned to HHS AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
patient referral inducements; prohibited compensation
Purpose
Prohibits a person, health care provider, health care facility or sober living home from offering, soliciting or receiving any form of payment for the referral of a patient or client to or from a sober living home or a substance use disorder treatment facility.
Background
Structured sober living home means any premise, place or building that provides alcohol-free or drug-free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting. The residents of a structured sober living home are a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home (A.R.S. § 9-500.40).
Health care provider means a person or institution that is licensed or certified by this state to provide health care, medical services, nursing services or other health-related services (A.R.S. § 12-561). Additionally, health care facility means a hospital, outpatient surgical center, health care laboratory, diagnostic imaging center or urgent care center (A.R.S. § 36-437).
There anticipated fiscal impact to the state General Fund (GF) associated with this legislation is unknown.
Provisions
1. Prohibits a person, health care provider, health care facility or sober living home, when only providing or offering substance use disorder services, from offering, paying, soliciting or receiving any form of payment or split fee arrangement, in return for the following:
a) referral of a patient or client to or from a sober living home or a substance use disorder treatment facility; or
b) acceptance or acknowledgment of the enrollment of a patient or client for substance use disorder services at a sober living home.
2. Classifies violations as follows:
a) a class 3 felony if the consideration has a value of $1,000 or more;
b) a class 4 felony if the consideration has a value between $101 and $999; and
c) a class 6 felony if the consideration has a value of $100 or less.
3. Permits the state to recover the costs of enforcing prohibitions regarding patient referrals from a person found to be in violation and requires that such payments be deposited in the state GF.
4. Defines sober living home.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Specifies that the delineated activities are prohibited when providing or offering substance use disorder treatment services.
Amendments Adopted by Committee of the Whole
1. Prohibits a person, health care provider, health care facility or sober living home from offering, paying, soliciting or receiving any form of payment or split fee arrangement in return for the referral of a patient to a sober living home for specified services.
2. Eliminates exemptions.
3. Classifies violations as felonies rather than civil penalties.
4. Defines sober living home.
Amendments Adopted by the House of Representatives
· Adds that it is unlawful to pay or receive any monetary or other consideration in return for referring a patient or client to or from a substance use disorder treatment facility.
Senate Action House Action
HHS 2/16/18 DPA 6-0-1 Health 3/22/18 DPA 8-0-0-1
3rd Read 4/5/18 59-0-1 3rd Read 4/5/18 59-0-1
Prepared by Senate Research
April 6, 2018
CRS/NW/lat