REFERENCE TITLE: hospital admissions; restrictions




State of Arizona

House of Representatives

Fifty-first Legislature

First Regular Session




HB 2293


Introduced by

Representatives Smith, Kwasman, Seel: Thorpe





amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-415; relating to health care institutions.





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

Section 1.  Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-415, to read:

START_STATUTE36-415.  Hospitals; patients; verification and reporting requirements; immunity

A.  If a person who seeks or is receiving emergency or nonemergency medical care at a hospital cannot provide valid health insurance information, the hospital admissions officer or representative must reasonably confirm during the course of the person's admission or treatment that the person is a citizen of the United States, a legal resident of the united states or lawfully present in the United States.  The admissions officer or representative may use any method prescribed in section 1-501 to verify citizenship, legal status or lawful presence and may use the following means of verification:

1.  A United States military identification card.

2.  A driver license from any state of the United States.

3.  Any valid documentation of identity and residence issued by a state in this country.

4.  Proof of citizenship from a country that participates in the visa waiver program recognized by the United States government.

5.  Proof of Canadian citizenship.

6.  Proof of a valid nonimmigrant visa that is recognized by the United States government.

B.  If the admissions officer or representative after making a reasonable attempt cannot verify the patient's citizenship, legal status or lawful presence as required pursuant to subsection a of this section, the admissions officer or representative, or a person not directly involved in administering the patient's actual medical care, must immediately contact the local federal immigration office or a local law enforcement agency to report the incident.

C.  A hospital must submit an annual report to the department to document its compliance with the requirements of this section in a manner and form prescribed by the department.  Each report must include documentation regarding the number of persons who did not show proper or valid information and the number of referrals to immigration or law enforcement, or both, pursuant to subsection b of this section.  The department shall take all reasonable action to collect the data and submit a report on or before November 15 of each year to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the appropriations committees of the senate and the house of representatives.

D.  A hospital that complies with the requirements of this section is not subject to civil liability. END_STATUTE