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REFERENCE TITLE: financial incentives; diagnosis; death; prohibition |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1605 |
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Introduced by Senator Townsend: Representative Burges
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AN ACT
amending Title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.02; 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. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read:
36-407.02. Financial incentives prohibited; damages and costs; cause of action
A. A health care institution may not accept any financial incentive or other benefit for either of the following:
1. A particular diagnosis.
2. The death of a patient.
B. Except as provided in subsection A of this section, a health care institution is not prohibited from receiving renumeration for diagnostic activities.
C. A health care institution that violates this section shall pay damages in the amount of $20,000 per violation per employee, adjusted for inflation, in addition to reasonable attorney fees and costs of suit to any person that prevails in challenging a violation of this section. Patients have standing to assert a violation of this section. In the event of a patient's death, the parties set forth in section 12-612 have the right to maintain an action for the violation of this section. Claims for violations of this section may not be waived. For the avoidance of doubt, persons bringing or defending a claim for a violation of this section have the right to try the case to a jury. This does not abrogate in any way the other rights to trial by jury as may exist for the violation of other laws or indicate a legislative intent that the right to a jury trial must be specified by the statute creating a cause of action.