Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 


 

 

ARIZONA STATE SENATE

Fiftieth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1405

 

hospital admissions; restrictions

 

Purpose

 

            Requires an admissions officer of a hospital to verify a person’s citizenship or legal status before admitting the person for nonemergency care.  Specifies methods for verification and requires the admissions officer to contact the local federal immigration office if a person does not meet citizenship or legal status requirements.

 

Background

 

The Arizona Department of Health Services (DHS) licenses hospitals and other health care institutions in Arizona.  DHS rules define a hospital as a health care institution that provides, through an organized medical staff, inpatient beds, medical services and continuous nursing services for the diagnosis and treatment of patients (R9-10-201).  In addition to other licensing requirements, hospitals must comply with certain admissions procedures.  According to DHS rules, a hospital must adhere to the following admissions requirements to receive a state operating license: a) a patient is admitted only on the order of a medical staff member; b) an authorized individual is available at all times to accept a patient for admission; c) except in an emergency, the hospital obtains informed consent from a patient or the patient’s representative before or at the time of admission; d) informed consent is documented in the patient’s medical record; e) a physician or other medical staff member performs a medical history and physical exam on a patient within 30 days before admission or within 48 hours after admission, and documents the medical history and physical exam in the patient’s medical record within 48 hours of admission; and f) if a physician or medical staff member performs a medical history and physical exam on a patient before admission, the physician or the medical staff member enters an interval note into the patient’s medical record at the time of admission (R9-10-210).

 

            Pursuant to the federal Emergency Medical Treatment and Labor Act (EMTALA), hospitals that participate in Medicare are required to screen individuals who present in emergency departments to determine if the person has an emergency medical condition, regardless of the person’s ability to pay or legal status. EMTALA also requires hospitals to provide treatment necessary to stabilize the patient and to arrange for transfer of the patient if the hospital is unable to stabilize the patient, or if the patient requests.  Hospitals and physicians (including on-call physicians) that provide services in participating hospitals are subject to civil penalties and, in certain cases, exclusion from Medicare for violations of EMTALA.

 

            The fiscal impact associated with this legislation is unknown.

 

 

 

Provisions

 

1.      Requires the admissions officer of a hospital, before admitting a person for nonemergency care, to confirm the person is a citizen, a legal resident of or lawfully present in the United States.

 

2.      Authorizes the admissions officer to use any of the following to verify citizenship or legal status:

a)      an Arizona driver license issued after 1996 or an Arizona non-operating identification license;

b)      a birth certificate or delayed birth certificate issued in any state, territory or possession   of the United States;

c)      a United States certificate of birth abroad;

d)     a United States passport;

e)      a foreign passport with a United States visa;

f)       an I-94 form with a photograph;

g)      a United States citizenship and immigration services employment authorization document or refugee travel document;

h)      a United States certificate of naturalization;

i)        a United States certificate of citizenship;

j)        a tribal certificate of Indian blood; or

k)      a tribal or Bureau of Indian affairs affidavit of birth.

 

3.      Requires the admissions officer to contact the local federal immigration office if the person does not meet citizenship or legal status requirements.

 

4.      Requires the admissions officer, if a hospital provides emergency care to a person who does not meet citizenship or legal status requirements, to contact the local federal immigration office upon the patient’s successful treatment.

 

5.      States a hospital that complies with the requirements of this legislation is not subject to civil liability.

 

6.      Becomes effective on the general effective date.

 

 

Prepared by Senate Research

February 11, 2011

ER/tf