House of Representatives

SB 1140

AHCCCS; adoption; third party payors

Sponsors: Senators Gerard, Nichols

 

DP

Committee on Health

DPA

Committee on Human Services

X

Caucus and COW

 

 

As Passed the House

 

SB 1140 repeals Arizona Health Care Cost Containment (AHCCCS) statutes pertaining to the collection of prenatal and deliver costs from third party payors in adoption cases.  

 

History

Current law allows AHCCCS to receive confidential adoption information for the identification of adoption related to third party payors.  The law further stipulates that AHCCCS may receive this information for the recovery of total prenatal care and delivery costs, including capitation, reinsurance, and AHCCCS administrative costs.  Statute specifies that AHCCCS, with the exception of identifying third party payors, is not allowed to disclose adoption information, including information to the insurance carriers of both the adoptive and birth parents.  In addition, AHCCCS is required to develop and implement safeguards for keeping adoption records confidential as well as limit access of the information to authorized personnel.  A person who violates any of the aforementioned requirements pertaining to confidentiality is guilty of a class 6 felony (1 year/$150,000) (A.R.S. §36-2903.01, subsection S).           

 

Current laws prohibit AHCCCS from seeking reimbursement for maternity expenses from third party payors for newborns with special needs, (A.R.S. §36-2903.01, subsection U).

 

Provision

·        SB 1140 eliminates various AHCCCS administrative powers and duties relating to adoption records, third party payors, and reimbursement for maternity expenses by repealing A.R.S. §36-2903.01, subsections S and U.

 

SB 1140 passed the Health Committee unamended.

 

SB 1140 was amended in the Human Services Committee as follows:

 

·        Allows AHCCCS administration to receive confidential adoption information in order to determine if an adopted child should be terminated from the AHCCCS program.

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·        45th Legislature                 

·        First Regular Session          2          March 20, 2001

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