State SealARIZONA HOUSE OF REPRESENTATIVES


 

SB 1352: health care directives registry; transfer

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: Health and Human Services

 

 

Overview

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteTransfers statutory oversight of the Health Care Directive Registry (Registry) from the Arizona Secretary of State (SOS) to the health information exchange organization designated by the Arizona Department of Health Services (DHS).

History

Article 7, Chapter 32 of Title 36 established the Registry in 2004. A.R.S. § 36-3292 allows a person to submit to the Arizona Secretary of State, the following documents and any revocations of these documents for registration; a health care power of attorney, a living will, a mental health care power of attorney. A person who submits a document must provide a return address and documents must be notarized or witnessed.

Provisions

1.       Requires DHS to designate a qualifying health information exchange organization to operate a Registry. (Sec. 2)

2.       Specifies that Chapter 38 of Title 36 does not apply to the Registry or the qualifying health information exchange organization's operation of the registry. (Sec. 2)

3.       Requires the qualifying health information exchange organization to establish a process for authenticating the identity of the person who submits a document to the Registry. (Sec. 3)

4.       Allows the qualifying health information exchange organization to establish a process for transmitting to the Registry documents from a health information exchange organization. (Sec. 4)

5.       Requires the qualifying health information exchange organization to establish a process to allow persons to submit documents to the Registry. (Sec. 6)

6.       Specifies that the qualifying health information exchange organization must adopt industry standard safeguards to ensure the security, privacy and integrity of the documents submitted to and maintained in the health care directives registry. (Sec. 6)

7.       Requires the qualifying health information exchange organization to establish a process to allow persons who submit documents to the health care directives registry to review, retrieve, revoke and replace the documents and establish a process for removing or distinguishing documents that have been revoked or replaced by more recent documents. (Sec. 6)

8.       Revises the definition of health care provider to include the organ procurement organization that maintains the donor registry. (Sec. 7)

9.       Eliminates the requirement that a prehospital medical directive be on an orange form when a health care provider relies on a prehospital medical care directive displayed through the registry.  (Sec. 8)

10.   Makes the necessary statutory adjustments to effectuate the transfer of the Registry from the SOS to the health information exchange organization. (Sec. 2, 3, 5, 6, 7, 8, 9)

11.   Requires the SOS on or before July 1, 2020, to provide the qualifying health information exchange organization with the documents and contact for persons who have submitted document to the Registry maintained by the SOS. (Sec. 10)

12.   Specifies that the qualifying health information exchange organization must contact these persons to determine if they want documents previously submitted to the Registry to be transferred to the Registry that will be maintained by the qualifying health information exchange organization. The qualifying health information exchange organization must export documents determined to be active into the new Registry. (Sec. 10)

13.   Contains a delayed effective date of January 1, 2021.

 

 

 

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Fifty-fourth Legislature                       SB 1352

First Regular Session                            Version 1: Health and Human Services

 

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