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REFERENCE TITLE: nonretaliation
policies; health care institutions |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2529 |
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Introduced by Representative Shah |
AN ACT
Amending section
36‑450.02, Arizona Revised Statutes; relating to health care
institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-450.02, Arizona Revised Statutes, is amended to read:
36-450.02. Nonretaliatory
policy; definition
A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action by the health care institution or any of its third‑party contractors against a health professional who in good faith:
1. Makes a report to the health care institution pursuant to the requirements of section 36‑450.01.
2. Having provided the health care institution a reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice that was the subject of the report.
B. This section does not prohibit a health care institution licensed pursuant to this chapter from taking action against a health professional for a purpose not related to a report filed pursuant to section 36‑450.01.
C. Except as provided in section 23‑1501, subsection A, paragraph 3, subdivisions (a) and (c), this section shall only be enforced through the provisions of this chapter.
D. There shall be a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days after the date of a report made pursuant to either subsection A, paragraph 1 or 2 of this section is not a retaliatory action.
E. For the purposes of this section,
"third‑party contractor" means an entity that contracts with
the health care institution to provide health care services in the health care
institution by contracting or hiring health professionals.