House Engrossed

 

nonretaliation policies; health care institutions

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

HOUSE BILL 2622

 

 

 

AN ACT

 

Amending section 36-450.02, Arizona Revised Statutes; relating to health care institutions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Section 36-450.02, Arizona Revised Statutes, is amended to read:

START_STATUTE36-450.02. Nonretaliatory policy; definition

A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith:

1. Makes a report to the health care institution pursuant to the requirements of section 36-450.01.

2. Having provided the health care institution a reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice that was the subject of the report.

B. A third-party contractor of a health care institution may not take retaliatory action as proscribed in this section.

B. C. This section does not prohibit a health care institution that is licensed pursuant to this chapter from taking action against a health professional for a purpose that is not related to a report filed pursuant to section 36-450.01.

C. D. Except as provided in section 23-1501, subsection A, paragraph 3, subdivisions (a) and (c), this section shall only be enforced only through the provisions of this chapter.

D. E. There shall be is a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days six months after the date of a report made pursuant to either subsection A, paragraph 1 or 2 of this section is not a retaliatory action.

F. For the purposes of this section, "third-party contractor" means an entity that contracts with a health care institution to provide health care services in the health care institution by contracting or hiring health professionals. END_STATUTE