Title 36 — Public Health and Safety

The department shall annually determine the cost-effectiveness study rate for persons who are receiving developmental disability services pursuant to chapter 5.1 of this title and provide that rate to the Arizona health care cost containment system administration. On or before Ju…

1. "Administration" means the Arizona health care cost containment system administration. 2. "Department" means the department of economic security. 3. "Parent" means a parent of or the legally responsible individual for the minor child. 4. "Program" means the parents as paid car…

1. An electronic visit verification system that delineates that a parent or a nonparent provider is providing the direct care services. 2. Unique modifiers for delineating both: (a) Whether a parent or nonparent provided the direct care services. (b) Attendant care services and h…

B. A parent may be employed by only a single agency to provide attendant care services and habilitation services under the program.

In this article, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 to …

A. Subject to continued federal financial participation as provided in sections 36-2919 and 36-2958, the director shall plan for and take all steps necessary to implement the qualified medicare beneficiary program under title XIX of the social security act, as amended. B. The adm…

A. The administration shall determine the eligibility of all applicants who may be eligible as qualified medicare beneficiaries only. The administration shall ensure that the calculation of income eligibility requirements is in accordance with federal law and the section 1115 wai…

A. For purposes of this section all contractors and program contractors are required to provide services to members. B. For a member who is dually eligible the director may implement a policy permitting a choice of contractors or program contractors to the extent the director dee…

The administration shall determine the eligibility of all persons who are specified low income medicare beneficiaries in accordance with federal law. The administration shall pay the monthly premiums under part B of title XVIII of the social security act on behalf of each specifi…

A. The administration shall determine the eligibility of all persons who are determined to be qualifying individuals pursuant to section 36-2971, paragraphs 12 and 13. B. The administration shall pay the medicare part B monthly premiums on behalf of each qualifying individual 1 a…

In this article, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Contractor" means a health plan that contracts with the administration to provide hospitalization and medical care to members acco…

A. The children's health insurance program is established for children who are eligible pursuant to section 36-2981, paragraph 6. The administration shall administer the program. All covered services shall be provided by health plans that have contracts with the administration pu…

A. The administration shall establish a streamlined eligibility process for applicants to the program and shall issue a certificate of eligibility at the time eligibility for the program is determined. Eligibility shall be based on gross household income for a member as defined i…

A. If the director determines that federal and state monies appropriated for the program are insufficient, the administration shall immediately notify the governor, the president of the senate and the speaker of the house of representatives and may stop processing all new applica…

1. Contract administration and oversight of contractors. 2. Development of a complete system of accounts and controls for the program, including provisions designed to ensure that covered health and medical services provided through the system are not used unnecessarily or unreas…

A. For inpatient hospital services, the administration shall reimburse the Indian health service or a tribal facility based on the reimbursement rates for the Indian health service as published annually in the federal register. For outpatient services, the administration shall re…

A. To the extent possible, the administration shall use contractors that have a contract with the administration pursuant to article 1 of this chapter or qualifying plans to provide services to members who qualify for the program. B. The administration has full authority to amend…

A. Except as provided in this section, health and medical services prescribed in section 36-2907 are covered services and include: 1. Inpatient hospital services that are ordinarily furnished by a hospital for the care and treatment of inpatients, that are medically necessary and…

A. The administration shall develop standards of care that each contractor shall use to monitor the quality of health care received by members. B. The director shall periodically determine whether each contractor has properly adopted and implemented standards to ensure the qualit…

A. A person shall not provide or cause to be provided false or fraudulent information on an application for eligibility pursuant to this article. B. A person who violates subsection A of this section, who is determined eligible for services pursuant to this article and who would …

A. All contractors and noncontracting providers shall advise the director or the director's designee immediately in a written report of any cases of suspected fraud or abuse. The director shall review the report and conduct a preliminary investigation to determine if there is a s…

A. A person shall not present or cause to be presented to this state or to a contractor: 1. A claim for a medical service or any other item that the person knows or has reason to know was not provided as claimed. 2. A claim for a medical service or any other item that the person …

A. The director shall include in the monthly report submitted to the president of the senate and the speaker of the house of representatives pursuant to section 36-2920 the following information about the program: 1. The actual year to date expenditures and projected annual expen…

A. The children's health insurance program fund is established. The administration shall administer the fund and shall use fund monies to pay administrative and program costs associated with the operation of the program established by this article. B. Separate accounting shall be…

A. A qualifying plan, as defined in section 36-2981, may elect to participate in the children's health insurance program established pursuant to this article, subject to all requirements established in this article and in accordance with section 36-2989. B. The director of the Ar…

(Rpld. 10/1/31) In this article, unless the context otherwise requires: 1. "Continuing care retirement community" means an entity that provides nursing facility services and assisted living or independent living services on a contiguous campus that is either registered as a life …

(Rpld. 10/1/31) A. Beginning October 1, 2012, the administration shall charge a quality assessment on health care items and services provided by nursing facilities in order to obtain federal financial participation in the services provided pursuant to this chapter. The administra…

(Rpld. 10/1/31) A. The nursing facility assessment fund is established consisting of the following: 1. Monies received by the administration from nursing facility assessments pursuant to this article. 2. Federal monies and federal matching monies received by the administration as…

(Rpld. 10/1/31) A. Each nursing facility shall pay a quality assessment as prescribed pursuant to this article. The administration shall determine the assessment rate prospectively for the applicable fiscal year on a per resident day basis, exclusive of medicare resident days. Th…

(Rpld. 10/1/31) A. A nursing facility is eligible for quarterly nursing facility adjustments based on nursing facility days from the most recent cost report before the start of the fiscal year. If cost report data is unavailable for a nursing facility, the administration may use …

(Rpld. 10/1/31) The administration may modify the categories of facilities exempt from the quality assessment and the rate adjustment provisions of this article if this is necessary to obtain and maintain approval by the centers for medicare and medicaid services and if the modif…

(Rpld. 10/1/31) A. The department of revenue shall discontinue collection of all assessments if any of the following applies: 1. The quality assessment waiver or the state plan amendment reflecting the quarterly nursing facility adjustment payments is not approved by the centers …

(Conditionally Rpld.) In this article, unless the context otherwise requires: 1. "Administration" has the same meaning prescribed in section 36-2901. 2. "Base reimbursement level": (a) Means the total expenditures by the Arizona health care cost containment system and its contrac…

(Conditionally Rpld.) A. In addition to the assessment established pursuant to section 36-2901.08, beginning October 1, 2020, the director shall establish, administer and collect an assessment on hospital revenues, discharges or bed days with respect to inpatient or outpatient se…

(Conditionally Rpld.) A. The health care investment fund is established consisting of the following: 1. Monies deposited in the fund pursuant to section 36-2999.72. 2. Interest earned pursuant to this section. 3. Legislative appropriations. B. The director shall administer the he…

In this chapter, unless the context otherwise requires: 1. "Administration" means the community services administration in the department of economic security. 2. "Domestic violence" means attempting to cause or causing bodily injury to a family or household member or placing a f…

A. The domestic violence services fund is established consisting of monies received pursuant to section 12-116.06, section 12-284.03, subsection A, paragraph 2, section 41-178 and section 43-618. The program administrator shall administer the fund for the purposes prescribed in t…

A. To be eligible to receive fund monies under this chapter, a domestic violence service provider shall adhere to statewide service standards for domestic violence programs that are approved by the department of economic security in collaboration with a state coalition against do…

After full consultation with a state coalition against domestic violence, the department shall develop a weighted methodology for allocation of funding that considers the following: 1. The need for services. 2. Existing services. 3. Geographic location. 4. Population ratios.

A. The department of economic security shall file an annual report with the governor, the speaker of the house of representatives and the president of the senate on or before October 1 and shall provide a copy of this report to the secretary of state. In preparing the report the …

A. Employees and volunteers of a domestic violence service provider shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment or beginning volu…

A. Information that may disclose the location or address of a shelter for victims of domestic violence is confidential and is not subject to public disclosure by a person or by a public or private agency in a manner that identifies the location or address as a shelter and threate…

1. "Department" means the department of economic security. 2. "Program administrator" has the same meaning prescribed in section 36-3001.

B. The department, in consultation with the federally designated statewide coalition to end sexual violence, shall establish program priorities for the fund. The department shall spend monies in the fund to provide grants to service providers for victims of sexual violence.

B. A sexual violence service provider does not qualify for grant monies if the service provider discriminates in its admission or provision of services on the basis of race, gender, religion, color, age, disability, marital status, national origin or ancestry.

1. The need for services. 2. Existing services. 3. Geographic location. 4. Population ratios.

[Repealed or reserved.]

In this chapter, unless the context otherwise requires: 1. "Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney. 2. "Artificially administered" means prov…

Except as provided in section 36-3285 in regard to a mental health care power of attorney, a person may revoke the person's own health care directive or disqualify a surrogate by doing any of the following: 1. Making a written revocation of a health care directive or a written st…

A. A person authorized as a surrogate to make health care decisions under this chapter is not responsible for paying the patient's health care costs unless the person is otherwise required to do so. B. This chapter does not authorize a surrogate to consent to any act or omission …