ARIZONA STATE SENATE

KAYTIE SHERMAN

ASSISTANT RESEARCH ANALYST

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY & ELECTIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

JUDICIARY & ELECTIONS COMMITTEE

DATE:            March 24, 2025

SUBJECT:      Strike everything amendment to H.B. 2137, relating to medical records

Purpose

            Deems, as failure to maintain adequate records, a person's knowing failure to maintain or report the destruction of behavioral health service records that disclose the behavioral health services for which a claim is submitted or payment is received or that disclose information on which rates of payment are based. Prescribes penalty classifications for the failure to maintain or report the destruction of records as outlined.

Background

            Statute outlines the period of time during which a health care provider must retain the original or copies of a patient's medical records, including: 1) at least six years after the last date that an adult patient received medical or health care services from the provider; 2) at least three years after a child's 18th birthday or at least six years after the last date that the child received medical or health care services from the provider, whichever occurs later; and 3) six years from the date of collection of source data. A health care provider must take reasonable measures to retain medical records as outlined when the provider retires or sells the provider's practice. A nursing care institution must retain patient records for six years after the date of the patient's discharge, except as prescribed for minor patients of the nursing care institution (A.R.S.
§ 12-2297).

Behavioral health services means services that pertain to mental health and substance use disorders and that are: 1) performed by or under the supervision of a licensed professional whose scope of practice allows the professional to provide these services; or 2) performed on behalf of patients by behavioral health staff as prescribed by rule (A.R.S. § 36-401).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Stipulates that a person commits failure to maintain adequate records if, when submitting a claim or receiving payment for behavioral health services, the person:

a) knowingly fails to maintain records, in the manner prescribed for the retention of medical records, that fully disclose the nature of the behavioral health services for which a claim is submitted or payment is received or that fully disclose all income and expenditures on which rates of payment are based; or

b) knowingly fails to report the destruction of the outlined records that are required to be maintained.

2. Classifies the failure to maintain the outlined behavioral health service records as a class 1 misdemeanor.

3. Classifies the failure to report the destruction of the outlined behavioral health records as a class 2 misdemeanor.

4. Specifies that behavioral health services has the same meaning as prescribed by statute governing health care institutions.

5. Becomes effective on the general effective date.