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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
nonretaliation policies; health care institutions
Purpose
Prohibits a third-party contractor of a health care institution (HCI) from taking retaliatory action against a health professional.
Background
Statute requires HCIs to adopt procedures for reviewing reports made by health professionals concerning activities, policies or practices that a health professional believes violate professional standards of practice or are illegal and pose a substantial risk to the health, safety or welfare of a patient (A.R.S. § 36-450.01).
HCIs must adopt policies prohibiting retaliatory action against a health professional who makes a report to an HCI and provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice. Statute asserts the rebuttable presumption that any termination or other adverse action that occurs more than 180 days after the report date is not a retaliatory action (A.R.S. § 36-450.02).
Retaliatory action is the termination of, or other adverse action against, a health professional’s employment taken by an HCI because the professional has made a report concerning an activity, policy or practice that poses substantial risk to a patient's health, safety or welfare (A.R.S. § 36-450).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a third-party contractor of an HCI from taking retaliatory action against a health professional acting in good faith.
2. Defines third-party contractor as an entity that contracts with an HCI to provide health care services in the HCI by contracting or hiring health professionals.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
HHS 2/1/21 DPA 9-0-0-0
3rd Read 2/11/21 59-0-1
Prepared by Senate Research
March 1, 2021
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