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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
dental board; licensure; renewal
(NOW: medical records; destruction; prohibition)
Purpose
Deems, as failure to maintain adequate records, a person's knowing failure to maintain or report the destruction of certain behavioral health service records for which a claim is submitted, payment is received or that disclose information on which rates of payment are based, when outlined conditions apply. Prescribes penalty classifications for the failure to maintain or report the destruction of records as outlined.
Background
Statute
outlines the period of time during which a health care provider must retain the
original or copies of a patient's medical records, including: 1) at least six
years after the last date that an adult patient received medical or health care
services from the provider; 2) at least three years after a child's 18th
birthday or at least six years after the last date that the child received
medical or health care services from the provider, whichever occurs later; and
3) six years from the date of collection of source data. A health care provider
must take reasonable measures to retain medical records as outlined when the
provider retires or sells the provider's practice. A nursing care institution
must retain patient records for six years after the date of the patient's
discharge, except as prescribed for minor patients of the nursing care
institution (A.R.S.
§ 12-2297).
Behavioral health services means services that pertain to mental health and substance use disorders and that are: 1) performed by or under the supervision of a licensed professional whose scope of practice allows the professional to provide these services; or 2) performed on behalf of patients by behavioral health staff as prescribed by rule (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that a person commits failure to maintain adequate records if the Arizona Health Care Cost Containment System (AHCCCS) determines that there is a sufficient basis that the person engaged in AHCCCS-related fraud, AHCCCS refers the investigation to a criminal justice agency and, when submitting a claim or receiving payment for behavioral health services, the person:
a) knowingly fails to maintain records, in the manner as prescribed for the retention of medical records, that disclose the nature of the behavioral health services for which a claim is submitted or payment is received or that fully disclose all income and expenditures on which rates of payment are based; or
b) knowingly fails to report the destruction of the outlined records that are required to be maintained.
2. Classifies the failure to maintain the outlined behavioral health service records as a class 1 misdemeanor.
3. Classifies the failure to report the destruction of the outlined behavioral health records as a class 2 misdemeanor.
4. Specifies that behavioral health services has the same meaning as prescribed by statute governing health care institutions.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike everything amendment.
Amendments Adopted by Committee of the Whole
· Modifies the elements necessary to commit failure to maintain adequate records by requiring:
a) AHCCCS to determine that there is a sufficient basis that the person engaged in fraud related to AHCCCS;
b) AHCCCS to refer the investigation to a criminal justice agency; and
c) that the records in question be necessary to only disclose, rather than fully disclose, the nature of the behavioral health services, as outlined.
Senate Action
HHS 3/24/25 W/D
JUDE 3/26/25 DPA/SE 7-0-0
Prepared by Senate Research
April 30, 2025
ZD/KS/ci