HB2089 - 511R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-260, Arizona Revised Statutes, is amended to read:

START_STATUTE36-260. Definitions

In this article, unless the context otherwise requires:

1. "Administration" means the Arizona health care cost containment system administration.

2. 1. "Children who are chronically ill or physically disabled children" means children who are under twenty‑one years of age and whose primary diagnosis is a severe physical condition that may require ongoing, medical or surgical intervention.

3. "Director" means the director of the Arizona health care cost containment system administration.

2. "Department" means the department of health services. END_STATUTE

Sec. 2. Repeal

Sections 36-261, 36-263 and 36-264, Arizona Revised Statutes, are repealed.

Sec. 3. Title 36, chapter 2, article 3, Arizona Revised Statutes, is amended by adding a new section 36-261, to read:

START_STATUTE36-261. Children who are chronically ill or physically disabled; program

Based on the availability of monies, the department shall establish and administer a program for children who are chronically ill or physically disabled or who are suffering from conditions that lead to a chronic illness or physical disabilities. The program shall provide for:

1. The development, extension and improvement of services for locating these children.

2. Evaluation of needs.

3. Gathering statistical information.

4. A statewide information and referral service for children who are chronically ill or physically disabled to link those children and their families with local service providers. END_STATUTE

Sec. 4. Section 36-262, Arizona Revised Statutes, is amended to read:

START_STATUTE36-262. Central statewide information and referral service for children who are chronically ill or physically disabled

A. The purposes of the information and referral service for children who are chronically ill or physically disabled children as prescribed pursuant to this article are to:

1. Establish a roster of agencies providing medical, educational, financial, social and transportation services to children who are chronically ill or physically disabled children.

2. Develop or use an existing statewide, computerized information and referral service that provides information on services for children who are chronically ill or physically disabled children.

B. This section does not require any person or public or private agency or other entity to participate in the information and referral service.

Sec. 5. Section 36-797.43, Arizona Revised Statutes, is amended to read:

START_STATUTE36-797.43. Care and treatment of children with sickle cell anemia; reimbursement

A. Subject to available funding, the Arizona health care cost containment system administration, through the children's rehabilitative services, department of health services may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of children suffering from sickle cell anemia.

B. The programs developed and operated pursuant to this section are part of the children's rehabilitative services provided by the administration pursuant to section 36‑261.

C. B. The parent or other responsible person, agency or third-party payor shall reimburse the administration department for part or all of the costs of services rendered to a child pursuant to this section according to a scale of rates and charges established by the administration department and based on the cost of services provided and the ability of the parent or responsible person to pay for these services. END_STATUTE

Sec. 6. Section 36-797.44, Arizona Revised Statutes, is amended to read:

START_STATUTE36-797.44. Care and treatment of adults with sickle cell anemia; reimbursement

B. The adult or other responsible person, agency or third‑party payor shall reimburse the administration department for part or all of the costs of services rendered to an adult pursuant to this section according to a scale of rates and charges established by the administration department and based on the cost of services provided and the ability of the adult or other responsible person to pay for these services.END_STATUTE

Sec. 7. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2905.09, to read:

START_STATUTE36-2905.09. Children's rehabilitative services program; program termination; definition

A. The administration shall:

1. Establish a children's rehabilitative services program for children who are chronically ill or physically disabled and shall develop, implement, monitor, supervise, control and establish policies for that program.

2. Develop and implement policies to determine medical eligibility for the children's rehabilitative services program.

3. Develop and implement all rules and policies for the operation of the children's rehabilitative services program.

4. Establish and administer a program of service for children, and for individuals determined to be eligible before they reach twenty-one years of age, who are chronically ill or physically disabled or who are suffering from conditions that lead to a chronic illness or a physical disability and are in active treatment. The program shall provide for:

(a) Medical, surgical, corrective and other services and care.

(b) The receipt and expenditure of monies made available to the administration for services to children who are chronically ill or physically disabled by the federal government, this state or its political subdivisions or from other sources, excluding monies received from parents or guardians for the care of children.

(d) Establishing and maintaining safeguards relating to the confidentiality of medical records.

(e) Acceptance and use of federal monies for children's rehabilitative services at the discretion of the administration and subject to any limitations imposed by the annual state appropriations.

(f) Any other activities the administration determines are necessary for the effective operation of the program.

B. Pursuant to the requirements of section 36-2903, the director shall prepare and issue a public request for proposals, including a proposed contract format, at least once every five years to contract for the care and treatment of children who are chronically ill or physically disabled.

C. The total amount of state monies that the administration may spend in any fiscal year for children's rehabilitative services may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This subsection does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

D. Pursuant to the requirements of section 36-2923, the administration shall coordinate benefits provided pursuant to this section so that any costs payable by the administration are costs avoided or recovered from any available provider of first-party health insurance benefits. The administration shall act as payor of last resort unless specifically required by federal law.

E. The program established by this section ends on July 1, 2023 pursuant to section 41-3102.

F. For the purposes of this section, "children who are chronically ill or physically disabled" means children who are medically eligible for the children's rehabilitative services program and who require covered medical, surgical or therapeutic services for covered conditions that are medically disabling or potentially disabling, as prescribed by the administration. END_STATUTE

Sec. 8. Section 43-1088, Arizona Revised Statutes, is amended to read:

START_STATUTE43-1088. Credit for contribution to qualifying charitable organizations; definitions

A. A credit is allowed against the taxes imposed by this title for voluntary cash contributions by the taxpayer or on the taxpayer's behalf pursuant to section 43‑401, subsection G during the taxable year to a qualifying charitable organization not to exceed:

1. Two hundred dollars in any taxable year for a single individual or a head of household.

2. Four hundred dollars in any taxable year for a married couple filing a joint return.

B. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the tax credit that would have been allowed for a joint return.

C. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the taxpayer may carry forward the amount of the claim not used to offset the taxes under this title for not more than five consecutive taxable years' income tax liability.

D. The credit allowed by this section:

1. Is allowed only if the taxpayer itemizes deductions pursuant to section 43‑1042 for the taxable year.

2. Is in lieu of a deduction pursuant to section 170 of the internal revenue code and taken for state tax purposes.

E. Taxpayers taking a credit authorized by this section shall provide the name of the qualifying charitable organization and the amount of the contribution to the department of revenue on forms provided by the department.

F. A qualifying charitable organization shall provide the department of revenue with a written certification that it meets all criteria to be considered a qualifying charitable organization. The organization shall also notify the department of any changes that may affect the qualifications under this section.

G. The charitable organization's written certification must be signed by an officer of the organization under penalty of perjury. The written certification must include the following:

1. Verification of the organization's status under section 501(c)(3) of the internal revenue code or verification that the organization is a designated community action agency that receives community services block grant program monies pursuant to 42 United States Code section 9901.

2. Financial data indicating the organization's budget for the organization's prior operating year and the amount of that budget spent on services to residents of this state who either:

(a) Receive temporary assistance for needy families benefits.

(b) Are low income residents of this state.

3. A statement that the organization plans to continue spending at least fifty per cent of its budget on services to residents of this state who receive temporary assistance for needy families benefits, who are low income residents of this state or who are children who are chronically ill or physically disabled children.

4. A statement that the organization does not provide, pay for or provide coverage of abortions and does not financially support any other entity that provides, pays for or provides coverage of abortions.

H. The department shall review each written certification and determine whether the organization meets all the criteria to be considered a qualifying charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile and make available to the public a list of the qualifying charitable organizations.

I. For the purposes of this section:

1. "Children who are chronically ill or physically disabled children" has the same meaning prescribed in section 36‑260.

2. "Low income residents" means persons whose household income is less than one hundred fifty per cent of the federal poverty level.

3. "Qualifying charitable organization" means a charitable organization that is exempt from federal income taxation under section 501(c)(3) of the internal revenue code or is a designated community action agency that receives community services block grant program monies pursuant to 42 United States Code section 9901. The organization must spend at least fifty per cent of its budget on services to residents of this state who receive temporary assistance for needy families benefits or low income residents of this state and their households or to children who are chronically ill or physically disabled children and who are residents of this state. Taxpayers choosing to make donations through an umbrella charitable organization that collects donations on behalf of member charities shall designate that the donation be directed to a member charitable organization that would qualify under this section on a stand‑alone basis. Qualifying charitable organization does not include any entity that provides, pays for or provides coverage of abortions or that financially supports any other entity that provides, pays for or provides coverage of abortions.

4. "Services" means cash assistance, medical care, child care, food, clothing, shelter, job placement and job training services or any other assistance that is reasonably necessary to meet immediate basic needs and that is provided and used in this state. END_STATUTE