ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: HHS DPA 12-0-0-0 | 3^rd Read 58-0-0-2 Senate: HHS W/D | JUDE DPA/SE 7-0-0-0 | 3^rd Read 27-1-0-2 Final Read: 57-0-3-0 | Chapter: 195

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HB 2137: dental board; licensure; renewal

NOW: medical records; destruction; prohibition

Sponsor: Representative Rogers, LD 7

Signed by the Governor

Overview

Creates failure to maintain adequate records as a new misdemeanor offence tied to fraudulent activity investigated by the Arizona Health Care Cost Containment System (AHCCCS).

History

AHCCCS is the state’s Medicaid agency responsible for providing healthcare services to eligible Arizona residents (A.R.S. Title 36, Chapter 29). Behavioral health services are defined in A.R.S. § 36-401 and include a range of mental health and substance use disorder treatments.

A.R.S. § 12-2297 outlines the requirements for health care providers regarding the retention of medical records. Adult patient records must be retained for at least six years from the last date of service, while records for minors must be kept for either three years after the patient turns eighteen or six years after the last service — whichever is later. Source data may be stored separately but must be retained for six years from its collection date. Providers retiring or selling their practices must ensure records remain preserved in accordance with these rules.

Provisions

1. Creates a new criminal offense of failure to maintain adequate records; this offence applies to a person when:

a) AHCCCS determines a sufficient basis for AHCCCS-related fraud exists;

b) AHCCCS refers the case to a criminal justice agency; and

c) The person has submitted claims or received payments for behavioral health services. (Sec. 1)

2. Stipulates that, under the aforesaid circumstances, the following acts constitute the criminal offense of failure to maintain adequate records:

a) Knowingly failing to maintain records needed to show what behavioral health services were provided or to account for the income and expenses used to determine payment rates; or

b) Knowingly failing to report the destruction of records needed to show what behavioral health services were provided or to account for the income and expenses used to determine payment rates. (Sec. 1)

3. Assigns a class 1 misdemeanor to the offence for failure to maintain records. (Sec. 1)

4. Assigns a class 2 misdemeanor to the offence for failing to report the destruction of records. (Sec. 1)

5. Defines behavioral health services. (Sec. 1)

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                        HB 2137

Initials NM/DC         Page 0 Signed by the Governor

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