ARIZONA STATE SENATE
Phoenix, Arizona
community health centers;
confidential information
Purpose
Expands confidentiality of
peer review information and related protections from civil liability to include
qualifying community health centers (CHC).
Background
CHCs are private,
not-for-profit health care facilities that provide comprehensive primary and
preventive care in medically underserved and rural areas. CHCs treat uninsured patients, Medicare
beneficiaries, privately insured patients and Arizona Health Care Cost
Containment System members. According
to the Arizona Association of Community Health Centers (AACHC), there are 34
CHCs with over 90 locations in this State; of these, 12 are federally
qualified.
Pursuant to A.R.S. §36-445,
hospitals and outpatient surgery centers are required to perform peer reviews
to reduce mortality and improve the care of patients at their health care
institutions. A.R.S. §36-2401 allows
other health care providers and facilities to perform quality assurance reviews
to investigate the quality of health care by reviewing professional practices,
training, experience, patient cases and conduct. Under the peer review statutes and the quality assurance review
statutes, records and materials of the review committee are confidential. As well, health care providers and
facilities who conduct or participate in the review committee process are
immune from civil liability. The AACHC
has requested this legislation to specify CHCs are extended the same
protections as other providers and facilities that conduct peer reviews.
There is no discernable
impact to the state general fund related to this legislation.
Provisions
1. Expands the confidentiality requirements for peer review materials to include CHCs that conduct peer reviews.
2. Exempts CHC peer review committee members from civil liability except for liability arising from treatment of a patient.
3. Defines “qualifying community health centers.”
4. Makes conforming and technical changes.
5. Provides for a general effective date.
HEA 2/4/02
DP 7-0-0-3
RGO 2/12/02
DP 8-0-0-2
3rd Read 4/2/02 51-4-5-0
Prepared by Senate Staff
April 5, 2002