PRATT FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2010
(Reference to printed bill)
Page 1, strike lines 28 through 45
Strike pages 2 through 5
Page 6, strike lines 1 through 16
Renumber to conform
Strike pages 7 through 9
Page 10, strike lines 1 through 25, insert:
"Sec. 3. Section 36-2239, Arizona Revised Statutes, is amended to read:
36-2239. Rates or charges of ambulance service
A. An ambulance service that applies for an adjustment in its rates or charges shall automatically be granted a rate increase equal to the amount determined under section 36‑2234, subsection E, if the ambulance service is so entitled. An automatic rate adjustment that is granted pursuant to this subsection and that is filed on or before April 1 is effective June 1 of that year. The department shall notify the applicant and each health care services organization as defined in section 20‑1051 of the rate adjustment on or before May 1 of that year.
B. Notwithstanding subsection E of this section, if the department does not hold a hearing within ninety days after an ambulance service submits an application to the department for an adjustment of its rates or charges, the ambulance service may adjust its rates or charges to an amount not to exceed the amount sought by the ambulance service in its application to the department. An ambulance service shall not apply for an adjustment of its rates or charges more than once every six months.
C. At the time it holds a hearing on the rates or charges of an ambulance service pursuant to section 36‑2234, the department may adjust the rates or charges adjusted by the ambulance service pursuant to subsection B of this section, but the adjustment shall not be retroactive.
D. Except as provided in subsection H of this section, an ambulance service shall not charge, demand or collect any remuneration for any service greater or less than or different from the rate or charge determined and fixed by the department as the rate or charge for that service. An ambulance service may charge for disposable supplies, medical supplies and medication and oxygen related costs if the charges do not exceed the manufacturer's suggested retail price, are uniform throughout the ambulance service's certificated area and are filed with the director. An ambulance service shall not refund or limit in any manner or by any device any portion of the rates or charges for a service which that the department has determined and fixed or ordered as the rate or charge for that service.
E. The department shall determine and render its decision regarding all rates or charges within ninety days after commencement of the applicant's hearing for an adjustment of rates or charges. If the department does not render its decision as required by this subsection, the ambulance service may adjust its rates and charges to an amount that does not exceed the amounts sought by the ambulance service in its application to the department. If the department renders a decision to adjust the rates or charges to an amount less than that requested in the application and the ambulance service has made an adjustment to its rates and charges that is higher than the adjustment approved by the department, within thirty days after the department's decision the ambulance service shall refund to the appropriate ratepayer the difference between the ambulance service's adjusted rates and charges and the rates and charges ordered by the department. The ambulance service shall provide evidence to the department that the refund has been made. If the ambulance service fails to comply with this subsection, the director may impose a civil penalty subject to the limitations provided in section 36‑2245.
F. An ambulance service shall charge the advanced life support base rate as prescribed by the director under any of the following circumstances:
1. A person requests an ambulance by dialing telephone number 911, or a similarly designated telephone number for emergency calls, and the ambulance service meets the following:
(a) The ambulance is staffed with at least one ambulance attendant.
(b) The ambulance is equipped with all required advanced life support medical equipment and supplies for the advanced life support attendants in the ambulance.
(c) The patient receives advanced life support services or is transported by the advanced life support unit.
2. Advanced life support is requested by a medical authority or by the patient.
3. The ambulance attendants administer one or more specialized treatment activities or procedures as prescribed by the department by rule.
G. An ambulance service shall charge the basic life support base rate as prescribed by the director under any of the following circumstances:
1. A person requests an ambulance by dialing telephone number 911, or a similarly designated telephone number for emergency calls, and the ambulance service meets the following:
(a) The ambulance is staffed with two ambulance attendants certified by this state.
(b) The ambulance is equipped with all required basic life support medical equipment and supplies for the basic life support medical attendants in the ambulance.
(c) The patient receives basic life support services or is transported by the basic life support unit.
2. Basic life support transportation or service is requested by a medical authority or by the patient, unless any provision of subsection F of this section applies, in which case the advanced life support rate shall apply.
H. This section does not apply to reimbursement by the Arizona health care cost containment system administration or its contractors or subcontractors. The Arizona health care cost containment system administration or its contractors or subcontractors shall provide reimbursement for ambulance services under chapter 29, article 1 of this title.
H. For each contract year, the Arizona health care cost containment system administration and its contractors and subcontractors shall provide remuneration for ambulance services for persons who are enrolled in or covered by the Arizona health care cost containment system in an amount equal to eighty per cent of the amounts as prescribed by the department as of July 1 of each year for services specified in subsections F and G of this section and eighty per cent of the mileage charges as determined by the department as of July 1 of each year pursuant to section 36-2232. The Arizona health care cost containment system administration shall make annual adjustments to the Arizona health care cost containment system fee schedule according to the department's approved ambulance service rate in effect as of July 1 of each year. The rate adjustments made pursuant to this subsection are effective beginning October 1 of each year.
I. In establishing rates and charges the director shall consider the following factors:
1. The transportation needs assessment of the medical response system in a political subdivision.
2. The medical care consumer price index of the United States department of labor, bureau of labor statistics.
3. Whether a review is made by a local emergency medical services coordinating system in regions where that system is designated as to the appropriateness of the proposed service level.
4. The rate of return on gross revenue.
5. Response times pursuant to section 36‑2232, subsection A, paragraph 2.
J. Notwithstanding section 36‑2234, an ambulance service may charge an amount for medical assessment, equipment or treatment that exceeds the requirements of section 36‑2205 if requested or required by a medical provider or patient.
K. Notwithstanding subsections D, F and G of this section, an ambulance service may provide gratuitous services if an ambulance is dispatched and the patient subsequently declines to be treated or transported."
Renumber to conform
Page 11, line 4, after "hundred" insert "thirty‑three"
Line 6, strike "twenty‑one" insert "twenty‑six"
Page 12, line 33, after "1396d(z)" insert "that is applicable to this state"
Line 39, strike "section 36‑2901.01" insert "costs specified in section 36‑2901.08, subsection A"
Line 42, after "revenues" insert ", discharges"
Line 43, after "costs" insert ", except for costs of the services described in section 36‑2907, subsection F,"; after "2014" strike remainder of line
Strike lines 44 and 45, insert "and that are not covered by the proposition 204 protection account established by section 36‑778 and the Arizona tobacco litigation settlement fund established by section 36‑2901.02 or any other monies appropriated to cover these costs, for all of the following individuals:
1. Persons who are defined as eligible pursuant to section 36‑2901.07.
2. Persons who do not meet the eligibility standards described in the state plan or the section 1115 waiver that were in effect immediately before November 27, 2000, but who meet the eligibility standards described in the state plan as effective October 1, 2001.
3. Persons who are defined as eligible pursuant to section 36‑2901.01 but who do not meet the eligibility standards in either section 36‑2934 or the state plan in effect as of January 1, 2013."
Page 13, line 11, strike "annually"
Line 17, after "1396d(z)" insert "that is applicable to this state"
Page 27, strike lines 6 and 7
Page 29, strike lines 9 through 45
Strike page 30
Page 31, strike lines 1 through 23, insert:
"Sec. 8. Delayed repeals
A. Sections 36-2912, 36‑2912.02, 36‑2912.03 and 36‑2912.04, Arizona Revised Statutes, are repealed from and after December 31, 2013.
B. Section 36‑2912.01, Arizona Revised Statutes, is repealed from and after December 31, 2014.
Sec. 9. Section 36-2913, Arizona Revised Statutes, is amended to read:
36-2913. Systems funds; funding
A. The Arizona health care cost containment system fund, long‑term care system fund and the third‑party liability and recovery audit fund are established. The funds shall be used to pay administrative and program costs associated with the operation of the system established pursuant to this article and the long‑term care system established pursuant to article 2 of this chapter.
B. Separate accounts, including but not limited to a reserve fund, may be established within the funds. Different accounts within the funds shall be established in order to separately account for expense and income activity associated with the system established pursuant to this article and article 2 of this chapter.
C. The Arizona health care cost containment system fund and long‑term care system fund shall be comprised of:
1. Monies paid by each of the counties of this state of the amounts determined or withheld by the state treasurer pursuant to section 11‑292.
2. Monies paid by each county resolving to participate in the system equal to the actual cost, as limited by the board of supervisors, together with employee contributions of providing hospitalization and medical care under the system to full‑time officers and employees of the county and its departments and agencies.
3. Monies paid by this state equal to the actual cost, as limited by section 38‑651, together with employee contributions of providing hospitalization and medical care under the system to full‑time officers and employees of this state, of its departments and agencies and of cities, towns and school districts of this state.
4. Monies drawn against appropriations made by this state for the costs of operating the Arizona health care cost containment system or the long‑term care system. Monies shall be drawn against appropriations and transferred from the fund from which they were appropriated on an as needed basis only.
5. Gifts, donations and grants from any source.
6. Federal monies made available to this state for the operation of the Arizona health care cost containment system or the long‑term care system.
7. Interest paid on monies deposited in the fund.
8. Reimbursements for data collection.
D. The third‑party liability and recovery audit fund is comprised of monies paid by first‑party payors, third‑party payors, and lien and estate recoveries and medical service providers for recovery audit contractor findings.
E. All monies in the funds other than monies appropriated by the state shall not lapse.
F. All monies drawn against appropriations made by this state remaining in the funds at the end of the fiscal year shall revert to the fund from which they were appropriated and drawn, and the appropriation shall lapse in accordance with section 35‑190. Notwithstanding the provisions of section 35‑191, subsection B, the period for administrative adjustments shall extend for only six months for appropriations made for system covered services.
G. Notwithstanding sections 35‑190 and 35‑191, all approved claims for system covered services presented after the close of the fiscal year in which they were incurred shall be paid either in accordance with subsection F of this section or in the current fiscal year with the monies available in the funds established by this section.
H. Claims for system covered services that are determined valid by the director pursuant to section 36‑2904, subsection G and the department's grievance and appeal procedure shall be paid from the funds established by this section.
I. For purposes of this section, system covered services exclude administrative charges for operating expenses.
J. All payments for claims from the funds established by this section shall be accounted for by the administration by the fiscal year in which the claims were incurred, regardless of the fiscal year in which the payments were made.
K. Notwithstanding any other law, county owned or contracted providers and special health care district owned or contracted providers are subject to all claims processing and payment requirements or limitations of this chapter that are applicable to noncounty providers.
Sec. 10. Section 41-1005, Arizona Revised Statutes, is amended to read:
41-1005. Exemptions
A. This chapter does not apply to any:
1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.
2. Order or rule of the Arizona game and fish commission adopted pursuant to section 5-321 or 5-327 that establishes a fee or section 17-333 that establishes a license classification, fee or application fee.
3. Rule relating to section 28‑641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.
4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.
6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.
7. Rule or substantive policy statement concerning inmates or committed youths of a correctional or detention facility in secure custody or patients admitted to a hospital, if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.
8. Form whose contents or substantive requirements are prescribed by rule or statute, and instructions for the execution or use of the form.
9. Capped fee‑for‑service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.
10. Fees prescribed by section 6‑125.
11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.
12. Fees established under section 3‑1086.
13. Fee‑for‑service schedule adopted by the department of economic security pursuant to section 8‑512.
14. Fees established under sections 41‑2144 and 41‑2189.
15. Rule or other matter relating to agency contracts.
16. Fees established under section 32‑2067 or 32‑2132.
17. Rules made pursuant to section 5‑111, subsection A.
18. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.
19. Fees or charges established under section 41‑511.05.
20. Emergency medical services protocols except as provided in section 36‑2205, subsection B.
21. Fee schedules established pursuant to section 36‑3409.
22. Procedures of the state transportation board as prescribed in section 28‑7048.
23. Rules made by the state department of corrections.
24. Fees prescribed pursuant to section 32‑1527.
25. Rules made by the department of economic security pursuant to section 46‑805.
26. Schedule of fees prescribed by section 23‑908.
27. Procedure that is established pursuant to title 23, chapter 6, article 5 or 6.
28. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title if the authority provides, as appropriate under the circumstances, for notice of an opportunity for comment on the proposed rules, administrative policies, procedures and guidelines.
29. Rules made by a marketing commission or marketing committee pursuant to section 3‑414.
30. Administration of public assistance program monies authorized for liabilities that are incurred for disasters declared pursuant to sections 26‑303 and 35‑192.
31. User charges, tolls, fares, rents, advertising and sponsorship charges, services charges or similar charges established pursuant to section 28‑7705.
32. Administration and implementation of the hospital assessment pursuant to section 36-2901.08, except that the Arizona health care cost containment system administration must provide notice and an opportunity for public comment at least thirty days before establishing or implementing the administration of the assessment.
B. Notwithstanding subsection A, paragraph 22 of this section, at such time as the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.
C. Coincident with the making of a final rule pursuant to an exemption from the applicability of this chapter under this section, another statute or session law, the agency shall file a copy of the rule with the secretary of state for publication pursuant to section 41‑1012 and provide a copy to the council.
D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.
E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.
F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment.
Sec. 11. Repeal
Section 41-3013.01, Arizona Revised Statutes, is repealed.
Sec. 12. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3023.01, to read:
41-3023.01. Arizona health care cost containment system; termination July 1, 2023
A. The Arizona health care cost containment system terminates on July 1, 2023.
B. Title 36, chapter 29 is repealed on January 1, 2024.
Sec. 13. Laws 2011, chapter 96, sections 1 and 2 are amended to read:
Section 1. Department of health services; rules
On or before July 1, 2013 April 30, 2014, the department of health services shall adopt rules regarding health care institutions that do the following:
1. Reduce monetary or regulatory costs on persons or individuals and streamline the regulation process.
2. Promote the use of deemed status for those behavioral health organizations that are accredited by recognized national organizations.
3. Facilitate licensure of integrated health programs that provide both behavioral and physical health services, and accommodate advances in clinical treatments for behavioral health.
Sec. 2. Exemption from rule making
For the purposes of this act, the department of health services is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2013 April 30, 2014, except that the department shall provide public notice and an opportunity for public comment on proposed rules at least thirty days before a rule is adopted or amended."
Renumber to conform
Page 31, after line 44, insert:
"Sec. 15. AHCCCS political subdivisions; freestanding children's hospitals; definition; delayed repeal
A. The Arizona health care cost containment system administration, subject to the approval of the centers for medicare and medicaid services and pursuant to section 36‑2903, subsection B, paragraph 1, Arizona Revised Statutes, may authorize any political subdivision of this state to provide monies necessary to qualify for federal matching monies in order to provide matching monies for uncompensated care payments to freestanding children's hospitals with one hundred beds or more.
B. The Arizona health care cost containment system administration shall not increase in a given federal fiscal year the total of the payments made pursuant to this section plus the amount of disproportionate share hospital payments made to the same freestanding children's hospital by more than three per cent per year above the total of the payments made to the hospital pursuant to Laws 2011, chapter 234, section 2, as amended by this act, in federal fiscal year 2013 plus the disproportionate share hospital payments in federal fiscal year 2013.
C. For the purposes of this section, "political subdivision" means a local, county or tribal government, a university under the jurisdiction of the Arizona board of regents and any other governmental entity that is legally qualified to participate in funding program expenditures pursuant to title 36, chapter 29, Arizona Revised Statutes.
D. This section is repealed from and after December 31, 2017."
Renumber to conform
Page 32, strike lines 43 and 44, insert "the department of health services may determine the percentage of the costs to be reimbursed by a county. It is the intent of the legislature that the department of health services set the percentage rate at a level that would increase the state share of the cost by $1,800,000 in fiscal year 2013‑2014."
Page 34, lines 22 and 29, strike "greater" insert "less"
Page 38, strike lines 28 through 33, insert:
"Sec. 25. Ambulance services; reimbursement
A. Notwithstanding section 36-2239, subsection H, Arizona Revised Statutes, as amended by this act, for dates of service on and after October 1, 2012 through September 30, 2013, the Arizona health care cost containment system administration and its contractors shall reimburse ambulance service providers in an amount equal to 68.59 per cent of the amounts prescribed by the department of health services as of August 2, 2012.
B. Notwithstanding section 36-2239, subsection H, Arizona Revised Statutes, as amended by this act, for dates of service on and after October 1, 2013 through September 30, 2014, the Arizona health care cost containment system administration and its contractors shall reimburse ambulance service providers in an amount equal to 68.59 per cent of the amounts prescribed by the department of health services as of August 2, 2013.
C. Notwithstanding section 36-2239, subsection H, Arizona Revised Statutes, as amended by this act, for dates of service on and after October 1, 2014 through September 30, 2015, the Arizona health care cost containment system administration and its contractors shall reimburse ambulance service providers in an amount equal to 74.74 per cent of the amounts prescribed by the department of health services as of August 2, 2014."
Page 39, lines 7 and 8, strike "department of administration;"
Line 10, strike the colon insert a comma
Line 11, strike "1."
Strike lines 15 through 18
Strike lines 34 through 43
Renumber to conform
Page 41, between lines 16 and 17, insert:
"Sec. 34. AHCCCS; air ambulances; report
A. The Arizona health care cost containment system administration shall prepare a report on the use of air ambulance services by the administration in the preceding five years. The report shall determine:
1. The cost of the administration's use of air ambulance service.
2. Whether the use of air ambulances complied with rules adopted by the administration relating to the use of this form of medical transport.
3. The number of times reimbursement for air ambulance services was denied.
4. The specific medical conditions that required immediate intervention as prescribed by rule.
B. On or before December 31, 2013, the administration shall submit a report to the governor, the president of the senate and the speaker of the house of representatives of its findings and recommendations for any statutory or administrative changes to the criteria used to determine the appropriate use of air ambulance services. The administration shall provide a copy of this report to the secretary of state."
Renumber to conform
Page 41, between lines 28 and 29, insert:
"B. Subject to approval by the centers for medicare and medicaid services, beginning January 1, 2014, the administration shall charge and collect from each person who is enrolled pursuant to section 36-2901.07, Arizona Revised Statutes, as added by this act:
1. A premium of not more than two per cent of the person's household income.
2. A copayment of two hundred dollars for nonemergency use of an emergency room if the person is not admitted to the hospital. The administration shall not impose a copayment on a person who is admitted to the hospital by the emergency department.
3. A copayment of two hundred dollars for nonemergency use of an emergency room if there is a community health center, rural health center or urgent care center within twenty miles of the hospital."
Reletter to conform
Line 30, strike "subsection A" insert "subsections A and B"
Page 42, line 10, after "breaker" insert "and outcomes"
Line 12, after "breaker" insert "and outcomes"
Page 43, between lines 1 and 2, insert:
"C. The committee shall also evaluate the impact of restoring medicaid coverage and the hospital assessment on the following:
1. Health outcomes of adults without dependent children.
2. Hospital uncompensated care.
3. Hospital profitability.
D. The committee shall define and identify the appropriate factors to be used in its evaluation described in subsection C of this section."
Reletter to conform
Page 43, between lines 6 and 7, insert:
"F. On or before January 1, 2016, the committee shall submit to the governor, the president of the senate and the speaker of the house of representatives a report of it findings of the impacts described in subsection C of this section. The committee shall provide a copy of this report to the secretary of state."
Reletter to conform
Line 7, strike "2014" insert "2016"
Between lines 7 and 8, insert:
"Sec. 40. AHCCCS; medically preferred treatment options; report; delayed repeal
A. Notwithstanding section 36‑2907, subsection B, Arizona Revised Statutes, as amended by this act, and subject to approval by the centers for medicare and medicaid services, the Arizona health care cost containment system administration and its contractors may provide medically necessary services authorized by section 36‑2907, subsection A, paragraph 2 or 5, Arizona Revised Statutes, if the services:
1. Are medically recognized as the preferred treatment option consistent with medicare guidelines.
2. Are less expensive than all other treatment options or surgical procedures to treat the same diagnosed condition.
B. The Arizona health care cost containment system administration shall prescribe the qualifying conditions in which the services prescribed by subsection A of this section may be used and shall prescribe provider qualifications.
C. The Arizona health care cost containment system administration shall require contractors to report on the use of the services, including the alternative treatments that would otherwise have been employed. The administration shall use this reported information to determine whether cost savings were achieved as a result of the use of these treatment options.
D. The Arizona health care cost containment system administration shall submit a report of its cost savings determinations to the governor, the president of the senate and the speaker of the house of representatives on or before January 1, 2016 and shall provide a copy of the report to the secretary of state.
E. This section is repealed from and after June 30, 2016."
Renumber to conform
Page 43, line 15, after "hospitals" insert "and hospital profitability"
Line 20, after "budgeting" insert "the following:
1."
Between lines 22 and 23, insert:
"2. The amount of estimated payments each hospital received from the coverage funded by the assessment."
Between lines 23 and 24, insert:
"Sec. 42. Healthcare group enrollment; retroactivity
A. Notwithstanding any other law, beginning August 1, 2013, the Arizona health care cost containment system administration shall not enroll new members, including businesses and employees who are being added to a member's health plan, in the healthcare group program.
B. This section is effective retroactively to from and after July 31, 2013."
Renumber to conform
Between lines 40 and 41, insert:
"3. The hospital assessment established pursuant to section 36‑2901.08, Arizona Revised Statutes, as added by this act, be used for the benefit of hospitals for the purpose of providing health care for persons eligible for coverage funded by the hospital assessment.
Sec. 45. Intent; state government support and maintenance
It is the intent of the legislature that sections 36-2901.07, 36‑2901.08 and 36-2901.09, Arizona Revised Statutes, as added by this act, are intended for the support and maintenance of a state government department and institution. The adoption of sections 36-2901.08 and 36-2901.09, Arizona Revised Statutes, as added by this act, provides funding to fulfill the intent and objective of Laws 2000, proposition 204. The adoption of section 36-2901.07, Arizona Revised Statutes, as added by this act, entitles the state and the Arizona health care cost containment system to essential federal financial participation under 42 United States Code section 1396d(y) and 1396d(z) that would not be available in the absence of section 36‑2901.07, Arizona Revised Statutes, as added by this act. These monies are integral to the support and maintenance of programs and missions of the Arizona health care cost containment system and without these provisions and the resulting available resources, the Arizona health care cost containment system would not be able to fulfill the intent and objective of Laws 2000, proposition 204."
Renumber to conform
Page 44, between lines 9 and 10, insert:
"Sec. 49. Intent; department of health services; behavioral health service provider rates
It is the intent of the legislature that the department of health services may increase behavioral health service provider rates by up to three per cent above the September 30, 2013 rates beginning on October 1, 2013."
Renumber to conform
Strike lines 27 through 43, insert:
"Sec. 52. Conditional repeals
A. Sections 36-2901.07 and 36-2901.08, Arizona Revised Statutes, as added by this act, are repealed:
1. From and after the date the federal medical assistance percentage pursuant to 42 United States Code section 1396d(y) or 1396d(z) that is applicable to this state is less than eighty per cent.
2. If the patient protection and affordable care act established pursuant to Public Law 111-148, as amended by the health care and education reconciliation act of 2010 pursuant to Public Law 111-152, is repealed.
3. If the maximum amount that can be assessed under section 36‑2901.08, Arizona Revised Statutes, as added by this act, without causing a reduction in federal financial participation, in combination with the monies specified in section 36-2901.09, Arizona Revised Statutes, as added by this act, and any other monies appropriated for the costs for the populations specified in section 36‑2901.08, subsection A, Arizona Revised Statutes, as added by this act, is insufficient to cover the costs described in section 36‑2901.08, Arizona Revised Statutes, as added by this act.
B. The Arizona health care cost containment system administration shall notify the director of the Arizona legislative council in writing of the effective date if:
1. The federal medical assistance percentage under 42 United States Code section 1396d(y) or 1396d(z) that is applicable to this state is less than eighty per cent.
2. The patient protection and affordable care act established pursuant to Public Law 111-148, as amended by the health care and education reconciliation act of 2010 pursuant to Public Law 111-152, is repealed.
3. The maximum amount that can be assessed under section 36‑2901.08, Arizona Revised Statutes, as added by this act, without causing a reduction in federal financial participation, in combination with the monies specified in section 36-2901.09, Arizona Revised Statutes, as added by this act, and any other monies appropriated for the costs for the populations specified in section 36‑2901.08, subsection A, Arizona Revised Statutes, as added by this act, is insufficient to cover the costs described in section 36‑2901.08, Arizona Revised Statutes, as added by this act.
Sec. 53. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona health care cost containment system to promote a comprehensive health care system to eligible citizens of this state.
Sec. 54. Retroactivity
Section 41‑3013.01, Arizona Revised Statutes, as repealed by this act, and section 41‑3023.01, Arizona Revised Statutes, as added by this act, are effective retroactively to July 1, 2013.
Sec. 55. Retroactivity
Laws 2011, chapter 96, sections 1 and 2, as amended by this act, apply retroactively to June 30, 2013."
Amend title to conform
Franklin M. Pratt |
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