Arizona 54th Legislature - 1st Regular Session Status: Passed Senate Bipartisan · 1 D · 1 R cosponsors

SB 1097 — AHCCCS; chiropractic coverage.

Last action — w/d

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 1st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

244 added · 106 removed

Plain-language change summary

In the latest version of Bill SB 1097, the focus has shifted from healthcare services under the Arizona health care cost containment system to regulations governing defensive driving schools and the Supreme Court's authority in overseeing them. Specifically, the amendments now allow the Supreme Court to contract with agencies for assistance in managing these schools and require it to publicly share the fees associated with court diversion programs. This change is significant because it ensures greater transparency in the costs of defensive driving courses and clarifies the court's role in regulating these services, potentially benefiting drivers seeking alternatives to traditional penalties.

→
Previous
Latest
SB1097 - 541R - H-Appropriations - Strike Everything-Proposed   Fifty-fourth Legislature                                           Appropriations First Regular Session                                                   S.B.
SB1097 - 541R - S Ver       Senate Engrossed         State of Arizona Senate Fifty-fourth Legislature First Regular Session       SENATE BILL 1097       AN ACT   amending section 36‑2907, Arizona Revised Statutes;
  PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B.
relating to the Arizona health care cost containment system.
1097 (Reference to Senate engrossed bill)   Strike everything after the enacting clause and insert:
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
"Section 1.  Section 28-3395, Arizona Revised Statutes, is amended to read:
Section 1.  Section 36-2907, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3395.  Supreme court authority and duties;
START_STATUTE36-2907.  Covered health and medical services;
rules;
modifications;
record;
related delivery of service requirements;
civil penalty;
definition A.  Subject to the limitations and exclusions specified in this section, contractors shall provide the following medically necessary health and medical services:
definition A.  The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.
1.  Inpatient hospital services that are ordinarily furnished by a hospital for the care and treatment of inpatients and that are provided under the direction of a physician or a primary care practitioner.  For the purposes of this section, inpatient hospital services exclude services in an institution for tuberculosis or mental diseases unless authorized under an approved section 1115 waiver.
B.  The supreme court shall:
2.  Outpatient health services that are ordinarily provided in hospitals, clinics, offices and other health care facilities by licensed health care providers.  Outpatient health services include services provided by or under the direction of a physician or a primary care practitioner, including occupational therapy.
1.  Supervise the use of defensive driving schools by the courts in this state.
3.  Other laboratory and X‑ray services ordered by a physician or a primary care practitioner.
2.  Make public the amount of the court diversion fee assessed by each court in this state pursuant to this article and the total cost to attend a defensive driving school in each court.
4.  Medications that are ordered on prescription by a physician or a dentist licensed pursuant to title 32, chapter 11.  Persons who are dually eligible for title XVIII and title XIX services must obtain available medications through a medicare licensed or certified medicare advantage prescription drug plan, a medicare prescription drug plan or any other entity authorized by medicare to provide a medicare part D prescription drug benefit.
3.  Establish an automated statewide database for keeping a record of persons who attend a defensive driving school.
5.  Medical supplies, durable medical equipment, insulin pumps and prosthetic devices ordered by a physician or a primary care practitioner.
4.  Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts.  Beginning on september 1, 2020, the criteria shall:
Suppliers of durable medical equipment shall provide the administration with complete information about the identity of each person who has an ownership or controlling interest in their business and shall comply with federal bonding requirements in a manner prescribed by the administration.
(a)  Require each defensive driving school to have a curriculum that includes education on:
6.  For persons who are at least twenty‑one years of age, treatment of medical conditions of the eye, excluding eye examinations for prescriptive lenses and the provision of prescriptive lenses.
(i)  Distracted driving, including the dangers of using a portable wireless communication device while driving and any other distracted driving behaviors.
7.  Early and periodic health screening and diagnostic services as required by section 1905(r) of title XIX of the social security act for members who are under twenty‑one years of age.
(ii)  The requirements prescribed by section 28-775, subsection A.
8.  Family planning services that do not include abortion or abortion counseling.  If a contractor elects not to provide family planning services, this election does not disqualify the contractor from delivering all other covered health and medical services under this chapter.  In that event, the administration may contract directly with another contractor, including an outpatient surgical center or a noncontracting provider, to deliver family planning services to a member who is enrolled with the contractor that elects not to provide family planning services.
(b)  Allow a defensive driving school to include educational information relating to section 28-775, subsections D and E in the school's curriculum.
9.  Podiatry services that are performed by a podiatrist who is licensed pursuant to title 32, chapter 7 and ordered by a primary care physician or primary care practitioner.
5.  Establish procedures for courts and schools to remit reports that are required by the supreme court.
10.  Nonexperimental transplants approved for title XIX reimbursement.
6.  Certify and monitor defensive driving schools and instructors that serve as a court authorized diversion program.
11.  For persons who are at least twenty‑one years of age, emergency dental care and extractions in an annual amount of not more than one thousand dollars $1,000 per member.
7.  Require that a defensive driving school class not exceed a total of four and one-half hours, including any testing, reviewing and grading related to the defensive driving school class.
12.  Ambulance and nonambulance transportation, except as provided in subsection G of this section.
C.  The information contained in the database required by this section is not a public record.
13.  Hospice care.
D.  An owner of a certified defensive driving school in this state may not have a shared use of assets in another certified defensive driving school in this state.
14.  Orthotics, if all of the following apply:
E.  The supreme court shall require a certified defensive driving school or an applicant for a certified defensive driving school to disclose, under penalty of perjury, any shared use of assets that the school or the applicant has in another certified defensive driving school in this state.
(a)  The use of the orthotic is medically necessary as the preferred treatment option consistent with medicare guidelines.
F.  A person may file a complaint with the supreme court that alleges a violation of subsection D or E of this section.  The person who files the complaint is solely responsible for providing sufficient evidence to sustain the complaint.  If a certified defensive driving school that is the subject of the complaint does not contest the complaint, the supreme court shall make a determination based solely on the evidence submitted by the person who files the complaint as to whether the owner violated subsection D or E of this section.
(b)  The orthotic is less expensive than all other treatment options or surgical procedures to treat the same diagnosed condition.
G.  If the supreme court finds that a defensive driving school violated subsection D or E of this section, the supreme court shall revoke the defensive driving school's certification and may impose a civil penalty of not more than $1,000.  If the supreme court revokes a certification pursuant to this subsection, a school may reapply for certification one year after the date of revocation in a manner prescribed by the supreme court.
(c)  The orthotic is ordered by a physician or primary care practitioner.
H.  Subsections D, E, F and G of this section apply to a defensive driving school that holds a certification on or after November 1, 2020.
15.  Chiropractic services that are performed by a chiropractor who is licensed pursuant to title 32, chapter 8 and that are ordered by a primary care physician or primary care practitioner pursuant to rules adopted by the administration.  The primary care physician or primary care practitioner may initially order up to twenty visits annually that include treatment and may authorize additional chiropractic services in that same year if the primary care physician or primary care practitioner determines it is medically necessary.
I.  For the purposes of this section, "shared use of assets" means any property that has value, including financial, intangible and physical assets and includes any of the following:
B.  The limitations and exclusions for health and medical services provided under this section are as follows:
1.  A common computer server.
1.  Circumcision of newborn males is not a covered health and medical service.
2.  Office space that is located at the same street address or that is shared physical space.
2.  For eligible persons who are at least twenty‑one years of age:
3.  Shared revenue.
(a)  Outpatient health services do not include speech therapy.
4.  Employees or staff, including customer support and management or administrative personnel, but not including instructors.
(b)  Prosthetic devices do not include hearing aids, dentures, bone‑anchored hearing aids or cochlear implants.  Prosthetic devices, except prosthetic implants, may be limited to twelve thousand five hundred dollars $12,500 per contract year.
5.  Telephone services.END_STATUTE" Amend title to conform     REGINA E.
(c)  Percussive vests are not covered health and medical services.
COBB     1097COBB SE 04/02/2019 4:42 PM C:
(d)  Durable medical equipment is limited to items covered by medicare.
MU  
(e)  Nonexperimental transplants do not include pancreas‑only transplants.
(f)  Bariatric surgery procedures, including laparoscopic and open gastric bypass and restrictive procedures, are not covered health and medical services.
C.  The system shall pay noncontracting providers only for health and medical services as prescribed in subsection A of this section and as prescribed by rule.
D.  The director shall adopt rules necessary to limit, to the extent possible, the scope, duration and amount of services, including maximum limitations for inpatient services that are consistent with federal regulations under title XIX of the social security act (P.L.
89‑97;
79 Stat.
Show all 69 changed rows (29 more)
Previous
Latest
344;
42 United States Code section 1396 (1980)).  To the extent possible and practicable, these rules shall provide for the prior approval of medically necessary services provided pursuant to this chapter.
E.  The director shall make available home health services in lieu of hospitalization pursuant to contracts awarded under this article.  For the purposes of this subsection, "home health services" means the provision of nursing services, home health aide services or medical supplies, equipment and appliances that are provided on a part‑time or intermittent basis by a licensed home health agency within a member's residence based on the orders of a physician or a primary care practitioner.  Home health agencies shall comply with the federal bonding requirements in a manner prescribed by the administration.
F.  The director shall adopt rules for the coverage of behavioral health services for persons who are eligible under section 36‑2901, paragraph 6, subdivision (a).  The administration acting through the regional behavioral health authorities shall establish a diagnostic and evaluation program to which other state agencies shall refer children who are not already enrolled pursuant to this chapter and who may be in need of behavioral health services.  In addition to an evaluation, the administration acting through regional behavioral health authorities shall also identify children who may be eligible under section 36‑2901, paragraph 6, subdivision (a) or section 36‑2931, paragraph 5 and shall refer the children to the appropriate agency responsible for making the final eligibility determination.
G.  The director shall adopt rules providing for the provision of transportation services and rules providing for copayment by members for transportation for other than emergency purposes.  Subject to approval by the centers for medicare and medicaid services, nonemergency medical transportation shall not be provided except for stretcher vans and ambulance transportation.  Prior authorization is required for transportation by stretcher van and for medically necessary ambulance transportation initiated pursuant to a physician's direction.  Prior authorization is not required for medically necessary ambulance transportation services rendered to members or eligible persons initiated by dialing telephone number 911 or other designated emergency response systems.
H.  The director may adopt rules to allow the administration, at the director's discretion, to use a second opinion procedure under which surgery may not be eligible for coverage pursuant to this chapter without documentation as to need by at least two physicians or primary care practitioners.
I.  If the director does not receive bids within the amounts budgeted or if at any time the amount remaining in the Arizona health care cost containment system fund is insufficient to pay for full contract services for the remainder of the contract term, the administration, on notification to system contractors at least thirty days in advance, may modify the list of services required under subsection A of this section for persons defined as eligible other than those persons defined pursuant to section 36‑2901, paragraph 6, subdivision (a).  The director may also suspend services or may limit categories of expense for services defined as optional pursuant to title XIX of the social security act (P.L.
89‑97;
79 Stat.
344;
42 United States Code section 1396 (1980)) for persons defined pursuant to section 36‑2901, paragraph 6, subdivision (a).  Such reductions or suspensions do not apply to the continuity of care for persons already receiving these services.
J.  Additional, reduced or modified hospitalization and medical care benefits may be provided under the system to enrolled members who are eligible pursuant to section 36‑2901, paragraph 6, subdivision (b), (c), (d) or (e).
K.  J.  All health and medical services provided under this article shall be provided in the geographic service area of the member, except:
1.  Emergency services and specialty services provided pursuant to section 36‑2908.
2.  That the director may permit allow the delivery of health and medical services in other than the geographic service area in this state or in an adjoining state if the director determines that medical practice patterns justify the delivery of services or a net reduction in transportation costs can reasonably be expected.  Notwithstanding the definition of physician as prescribed in section 36‑2901, if services are procured from a physician or primary care practitioner in an adjoining state, the physician or primary care practitioner shall be licensed to practice in that state pursuant to licensing statutes in that state that are similar to title 32, chapter 13, 15, 17 or 25 and shall complete a provider agreement for this state.
L.  K.  Covered outpatient services shall be subcontracted by a primary care physician or primary care practitioner to other licensed health care providers to the extent practicable for purposes including, but not limited to, making health care services available to underserved areas, reducing costs of providing medical care and reducing transportation costs.
M.  L.  The director shall adopt rules that prescribe the coordination of medical care for persons who are eligible for system services.  The rules shall include provisions for the transfer of transferring patients, the transfer of transferring medical records and the initiation of initiating medical care.
M.  Notwithstanding section 36‑2901.08, monies from the hospital assessment fund established by section 36‑2901.09 may not be used to provide chiropractic services as prescribed in subsection A, paragraph 15 of this section.
N.  For the purposes of this section, "ambulance" has the same meaning prescribed in section 36‑2201.
END_STATUTE Sec. 2.  Chiropractic services;
AHCCCS;
report;
delayed repeal A.  Subject to approval by the centers for medicare and medicaid services, the Arizona health care cost containment system administration and its contractors may provide medically necessary chiropractic services authorized by section 36‑2907, Arizona Revised Statutes, as amended by this act.
B.  The Arizona health care cost containment system administration shall:
1.  Prescribe the qualifying conditions under which the chiropractic services prescribed by section 36‑2907, Arizona Revised Statutes, as amended by this act, may be used.
2.  Prescribe provider qualifications for chiropractic services.
3.  Require contractors to report to the administration on the use of chiropractic services, including the alternative treatments that would otherwise have been used.  The administration shall use this reported information to determine whether cost savings were achieved as a result of using chiropractic services.
C.  On or before January 1, 2023, the Arizona health care cost containment system administration shall submit a report of its cost savings determinations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of the report to the secretary of state.
D.  This section is repealed from and after June 30, 2024.
View plain text versions (5)

Action History

  1. w/d

  2. house second reading

  3. house first reading.

  4. transmit to house

  5. passed

  6. dpa

  7. dp

  8. dp

  9. senate second reading

  10. senate first reading

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 87 not signed on · 2 voted No

Sponsors (1)

Not signed on (87)

87 members have not signed on to this bill.

Show all 87 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 28 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 6000
Democrat 3000
Unaffiliated 19200
Total 28200
% of votes cast 93%7%0%0%
How each member voted (30)
Member Party Vote
Andrea Dalessandro — Yea
David Bradley — Yea
Eddie Farnsworth — Nay
Frank Pratt — Yea
Heather Carter — Yea
Jamescita Peshlakai — Yea
Juan Mendez — Nay
Karen Fann — Yea
Kate Brophy McGee — Yea
Lisa Otondo — Yea
Martin Quezada — Yea
Michelle B. Ugenti-Rita — Yea
Paul Boyer — Yea
Rebecca Rios — Yea
Rick Gray — Yea
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tony Navarrete — Yea
Tyler Pace — Yea
Victoria Steele — Yea
Lela Alston Democrat Yea
Lupe Contreras Democrat Yea
Sally Ann Gonzales Democrat Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Sylvia Allen Republican Yea
Venden "Vince" Leach Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1097?
SB 1097 is sponsored by Lela Alston (Democrat), David C. Farnsworth (Republican), Kate Brophy McGee, David Bradley, Sean Bowie, and Heather Carter.
What is the current status of SB 1097?
This bill died with 54th Legislature - 1st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1097?
Track SB 1097 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1097

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of SB 1097

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →