ARIZONA STATE SENATE

RESEARCH STAFF

TRACEY LANDERS

ASSISTANT ANALYST

HEALTH COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

HEALTH COMMITTEE

DATE: April 11, 2002

SUBJECT: Strike Everything Amendment (related to the same subject) to H.B. 2339 (community health centers; confidential information )

Purpose

Expands the confidentiality of quality assurance 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 institution. 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 quality assurance reviews.

There is no anticipated fiscal impact to the state general fund related to this legislation.

Provisions

1. Expands the confidentiality requirements for quality assurance review materials to include CHCs and a committee consisting of two or more CHCs that reviews quality assurance information.

2. Exempts CHC quality assurance review committee members and members of a committee consisting of two or more CHCs that reviews quality assurance information from civil liability except for liability arising from treatment of a patient.

3. Provides for a general effective date.

TL/jas