ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	House: HHS DP 9-0-0-0 | COM DP 6-1-1-1

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HB 2529: nonretaliation policies; health care institutions

Sponsor:  Representative Shah, LD 24

Caucus & COW

Overview

Specifies that a health care institution or any of its third-party contractors is prohibited from retaliatory actions against a health care provider for making a report.

History

Current law requires a licensed health care institution to adopt a procedure for reviewing reports made in good faith by a health professional concerning an activity, policy or practice that the professional reasonably believes:

a) Violates professional standards of practice or is against the law; and

b) Poses a substantial risk to the health, safety or welfare of a patient (A.R.S. § 36-450.01).

Licensed health care institutions must adopt policies that prohibit retaliatory actions against a health professional who in good faith: 1) makes a report to the institution relating to an unlawful activity, policy or practice; and 2) after providing the institution with reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice. There is a rebuttable presumption that any termination or other adverse action that occurs more than 180 days after the date of the report is not a retaliatory action (A.R.S. 36-§ 450.02).

Retaliatory action is defined as a termination of or other adverse action against a health professional's employment taken by a health care institution because the professional has made a report which address concerns to an unlawful activity, policy or practice (A.R.S. § 36-450).

Provisions

1. Specifies that a health care institution or any of its third-party contractors is prohibited from retaliatory actions against a health professional for making a report. (Sec. 1)

2. Defines third-party contractor. (Sec. 1)

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6. Initials PRB/MCL              Caucus & COW

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