ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: HHS DPA 9-0-0-0 | 59-0-1-0

Senate: HHS DP 7-0-1-0 | 3rd Read 27-3-0-0

HB 2622: nonretaliation policies; health care institutions

Sponsor:  Representative Shah, LD 24

Transmitted to the Governor

Overview

Prohibits a third-party contractor of a health care institution from taking retaliatory action against a health professional.

History

Current law requires a licensed health care institution to adopt a procedure for reviewing reports made in good faith by a health professional concerning an activity, policy or practice that the professional reasonably believes does both of the following: 1) violates professional standards of practice or is against the law; and 2) poses a substantial risk to the health, safety or welfare of a patient (A.R.S. § 36-450.01).

Licensed health care institutions must adopt policies that prohibit retaliatory actions against a health professional who in good faith: 1) makes a report to the institution relating to an unlawful activity, policy or practice; and 2) after providing the institution with reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice (A.R.S. § 36-450.02).

Statute defines retaliatory action as termination of or other adverse action against a health professional's employment taken by a health care institution because the professional has made a report (A.R.S. § 36-450).

Current law states that there is a rebuttable presumption that any termination or other adverse action that occurs more than 180 days after the date of the report is not a retaliatory action (A.R.S. § 36-450.02).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a third-party contractor of a health care institution from taking retaliatory action against a health professional. (Sec. 1)

2.   Makes the period of time before there is a rebuttable presumption six months. (Sec. 1)

3.   Defines third-party contractor as 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. (Sec. 1)

4.   Makes technical and conforming changes. (Sec. 1)

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8.                     HB 2622

9.   Initials EB/IR         Page 0 Transmitted

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