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REFERENCE TITLE: healthcare providers; religious beliefs |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2250 |
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Introduced by Representatives Powers Hannley: Andrade, Fernandez, Friese, Hernandez M, Salman, Stahl Hamilton, Terán, Senator Engel
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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 furnishing health care services under which the health care entity allows a physician or other health care practitioner to furnish such care.
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:
(a) Primarily provides, by or under the supervision of physicians, inpatient diagnostic services and therapeutic services to medically diagnose, treat and care for injured or sick persons or persons with a disability or rehabilitation services for injured or sick persons or persons with a disability.
(b) Maintains clinical records on all patients.
(c) 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 initiating treatment 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 shall provide a written notice to the patient or the patient's representative that includes the list of excluded health care services. 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 certain health care services based on the entity's 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 to patients based on the entity's religious beliefs. 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 excluded health care services.
C. When applying for any state grant that is related to providing any kind of health care service, a health care entity shall provide a list of the health care services that the health care entity will not provide to patients based on the entity's religious beliefs.
36-3303. Health plan providers; insurers; religious beliefs; excluded health care services; disclosure requirements
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:
1. Provide its enrollees with a list of each health care entity within the provider's or insurer's network of health care providers that will not provide certain health care services based on the entity's religious beliefs and each health care service that the entity will not provide.
2. Post on its website the information required by this subsection.
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 to patients 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 post on the entity's website the list of excluded health care services and shall provide to any person on request the list of excluded health care services.
Sec. 2. Short title
This act may be cited as the "Patient's Right to Know Act".