reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2813 - Discrimination prohibited

36-2813.
Discrimination prohibited
(Caution: 1998 Prop. 105 applies)
A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder,  unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.
B. Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations,  an employer may not discriminate against a person in hiring,  termination or imposing any term or condition of employment or otherwise penalize a person based upon either:
1. The person's status as a cardholder.
2. A registered qualifying patient's positive drug test for marijuana components or metabolites,  unless the patient used,  possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.
C. For the purposes of medical care,  including organ transplants,  a registered qualifying patient's authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.
D. No person may be denied custody of or visitation or parenting time with a minor,  and there is no presumption of neglect or child endangerment for conduct allowed under this chapter,  unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2814 - Acts not required; acts not prohibited

36-2814.
Acts not required;  acts not prohibited
(Caution: 1998 Prop. 105 applies)
A. Nothing in this chapter requires:
1. A government medical assistance program,  a private health insurer or a workers' compensation carrier or self-insured employer providing workers' compensation benefits to reimburse a person for costs associated with the medical use of marijuana.
2. Any person or establishment in lawful possession of property to allow a guest,  client,  customer or other visitor to use marijuana on or in that property.
3. An employer to allow the ingestion of marijuana in any workplace or any employee to work while under the influence of marijuana,  except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
B. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2815 - Revocation

36-2815.
Revocation
(Caution: 1998 Prop. 105 applies)
A. The department shall immediately revoke the registry identification card of a nonprofit medical marijuana dispensary agent who violates section 36-2804.01,  subsection D,  or section 36-2816,  subsection B. The department shall suspend or revoke the registry identification card of a nonprofit medical marijuana dispensary agent for other violations of this chapter.
B. The department shall immediately revoke the registration certificate of a registered nonprofit medical marijuana dispensary that violates section 2816,  subsections B or C,  and its board members and principal officers may not serve as the board members or principal officers for any other registered nonprofit medical marijuana dispensary.
C. Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have his registry identification card revoked,  and shall be subject to other penalties for the unauthorized sale of marijuana and other applicable offenses.
D. The department may revoke the registry identification card of any cardholder who knowingly violates this chapter,  and the cardholder shall be subject to other penalties for the applicable offense.
E. Revocation is a final decision of the department subject to judicial review pursuant to title 12,  chapter 7,  article 6. Jurisdiction and venue are vested in the superior court.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2818 - Enforcement of this act; mandamus

36-2818.
Enforcement of this act;  mandamus
(Caution: 1998 Prop. 105 applies)
A. If the department fails to adopt regulations to implement this chapter within one hundred twenty days of the effective date of this chapter,  any citizen may commence a mandamus action in superior court to compel the department to perform the actions mandated under this chapter.
B. If the department fails to issue a registry identification card within forty-five days of the submission of a valid application or renewal,  the registry identification card shall be deemed issued,  and a copy of the registry identification card application or renewal is deemed a valid registry identification card.
C. If at any time after the one hundred forty days following the effective date of this chapter the department is not accepting applications or has not promulgated rules allowing qualifying patients to submit applications,  a notarized statement by a qualifying patient containing the information required in an application pursuant to section 36-2804.02,  subsection A,  paragraph 3,  together with a written certification issued by a physician within the ninety days immediately preceding the notarized statement,  shall be deemed a valid registry identification card.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2819 - Fingerprinting requirements

36-2819.
Fingerprinting requirements
(Caution: 1998 Prop. 105 applies)
Each person applying as a designated caregiver,  a principal officer,  agent or employee of a nonprofit medical marijuana dispensary,  a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent may submit a current level I fingerprint clearance card issued pursuant to section 41-1758.07 or shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to the medical marijuana act and acts allowed by it. The department shall destroy each set of fingerprints after the criminal records check is completed.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2820 - Use of outside counsel

36-2820.
Use of outside counsel
(Added with a 1998 Prop. 105 clause pursuant to L19,  Ch. 318)
Notwithstanding section 41-192,  the department may employ legal counsel and make an expenditure or incur an indebtedness for legal services to implement,  advise on or defend this chapter,  chapter 28.2 or the rules adopted pursuant to this chapter or chapter 28.2.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2822 - Arizona biomedical research centre; medical marijuana fund; grants; marijuana clinical trials; requirements; exemption

36-2822.
Arizona biomedical research centre;  medical marijuana fund;  grants;  marijuana clinical trials;  requirements;  exemption
(Added with a 1998 Prop. 105 clause pursuant to L21,  Ch. 419)
A. The Arizona biomedical research centre in the department shall provide competitive grants from monies in the medical marijuana fund established by section 36-2817 for marijuana clinical trials that are approved by the United States food and drug administration for evaluating both the safety and efficacy of using marijuana in humans and researching the impacts of marijuana interactions with prescription drugs,  nonprescription drugs and illicit drugs.
B. Clinical trials funded pursuant to subsection A of this section shall be conducted by Arizona-based researchers from nonprofit organizations or universities,  be approved by the United States food and drug administration,  the United States drug enforcement administration and an institutional review board and be publishable in peer-reviewed medical and public health journals. The centre shall prioritize randomized controlled clinical trials that study the treatment of autism,  epilepsy,  post-traumatic stress disorder and pain.
C. Notwithstanding title 13,  chapter 34,  a person who receives a grant for a marijuana clinical trial pursuant to this section and any of the person's employees working on the clinical trial may not be charged with or prosecuted for possession of marijuana that is cultivated for medical use when the person is working on the clinical trial.
D. The Arizona biomedical research centre may provide up to $5, 000, 000 annually for five consecutive years from the medical marijuana fund established by section 36-2817 to administer and award competitive grants pursuant to this section. The centre may not use more than five percent of these monies for administrative purposes.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2853 - Violations; classification; civil penalty; additional fine; enforcement

36-2853.
Violations;  classification;  civil penalty;  additional fine;  enforcement
(Caution: 1998 Prop. 105 applies)
A. Notwithstanding any other law and except as otherwise provided in this chapter,  a person who possesses an amount of marijuana greater than the amount allowed pursuant to section 36-2852,  but not more than two and one-half ounces of marijuana,  of which not more than twelve and one-half grams is in the form of marijuana concentrate,  is guilty of a petty offense.
B. Notwithstanding any other law,  a person who is under twenty-one years of age and who possesses,  consumes,  transports or transfers without remuneration one ounce or less of marijuana,  of which not more than five grams is in the form of marijuana concentrate,  or paraphernalia relating to the consumption of marijuana or marijuana products:
1. For a first violation,  shall pay a civil penalty of not more than $100 to the smart and safe Arizona fund established by section 36-2856 and in the court's discretion may be ordered to attend up to four hours of drug education or counseling.
2. For a second violation,  is guilty of a petty offense,  and in the court's discretion may be ordered to attend up to eight hours of drug education or counseling.
3. For a third or subsequent violation,  is guilty of a class 1 misdemeanor.
C. A person who smokes marijuana in a public place or open space is guilty of a petty offense.
D. Except as otherwise provided in chapter 28.1 of this title and notwithstanding any other law,  any unlicensed person who cultivates marijuana plants pursuant to section 36-2852 where they are visible from public view without using binoculars,  aircraft or other optical aids or outside of an enclosed area that is equipped with a lock or other security device that prevents access by minors is guilty of:
1. For a first violation,  a petty offense.
2. For a second or subsequent violation,  a class 3 misdemeanor.
E. A person who is under twenty-one years of age and who misrepresents the person's age to any other person by means of a written instrument of identification or who uses a fraudulent or false written instrument of identification with the intent to induce a person to sell or otherwise transfer marijuana or a marijuana product to the person who is under twenty-one years of age is guilty of:
1. For a first violation,  a petty offense.
2. For a second or subsequent violation,  a class 1 misdemeanor.
F. A person who is under twenty-one years of age and who solicits another person to purchase marijuana or a marijuana product in violation of this chapter is guilty of:
1. For a first violation,  a petty offense.
2. For a second or subsequent violation,  a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2854.01 - Marijuana products; labeling; packaging

36-2854.01.
Marijuana products;  labeling;  packaging
(Added with a 1998 Prop. 105 clause pursuant to L21,  Ch. 394)
Not later than December 31,  2023,  any marijuana product packaging labeled for sale shall include a consumer scannable tetrahydrocannabinol quick response code or similar technology linking to a webpage that displays all of the following for the specific marijuana product:
1. The date of harvest of the marijuana.
2. The tetrahydrocannabinol strain of the marijuana.
3. The tetrahydrocannabinol extraction method used to extract the tetrahydrocannabinol from the marijuana.
4. A laboratory report of impurities containing at least heavy metals and agrochemicals.
5. The date of manufacture of the marijuana product.
6. The distribution chain,  including at least a point of intended sale.
7. A warning that states,  " using marijuana during pregnancy could cause birth defects or other health issues to your unborn child."
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2855 - Marijuana facility agents; registration; card; rules

36-2855.
Marijuana facility agents;  registration;  card;  rules
(Caution: 1998 Prop. 105 applies)
A. A marijuana facility agent shall be registered with the department before working at a marijuana establishment or marijuana testing facility.
B. A person who wishes to be registered as a marijuana facility agent or renew the person's registration as a marijuana facility agent shall:
1. Submit a completed application on a form prescribed by the department and pay a nonrefundable fee that is reasonable and related to the actual cost of processing applications submitted pursuant to this section.
2. Submit evidence that the applicant holds a current level I fingerprint clearance card issued pursuant to section 41-1758.07,  or submit a full set of the applicant's fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to this chapter and acts allowed by this chapter. The department of public safety shall destroy each set of fingerprints after the criminal records check is completed.
C. If the department determines that an applicant meets the criteria for registration under this chapter and rules pursuant to this chapter,  the department shall issue the applicant a marijuana facility agent card that is valid for two years.
D. A registered marijuana facility agent may be employed by or associated with any marijuana establishment or marijuana testing facility. A marijuana establishment or marijuana testing facility shall promptly notify the department when it employs or becomes associated with a new marijuana facility agent. A marijuana facility agent shall promptly notify the department when the marijuana facility agent is employed by or becomes associated with a marijuana establishment or marijuana testing facility and when the marijuana facility agent is no longer employed by or associated with a marijuana establishment or marijuana testing facility.
E. A nonprofit medical marijuana dispensary agent of a dual licensee who has applied to be registered as a marijuana facility agent may serve as a marijuana facility agent of that dual licensee until the department has approved or rejected the agent's application.
F. The department shall adopt rules to implement this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2857 - Localities; marijuana establishments and marijuana testing facilities

36-2857.
Localities;  marijuana establishments and marijuana testing facilities
(Caution: 1998 Prop. 105 applies)
A. A locality may:
1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas.
2. Limit the number of marijuana establishments or marijuana testing facilities,  or both.
3. Prohibit marijuana establishments or marijuana testing facilities,  or both.
4. Regulate the time,  place and manner of marijuana establishment and marijuana testing facility operations.
5. Establish reasonable restrictions on public signage regarding marijuana,  marijuana establishments and marijuana testing facilities.
6. Prohibit or restrict delivery within its jurisdiction.
B. A county may exercise its authority pursuant to subsection A of this section only in unincorporated areas of the county.
C. A locality may not enact any ordinance,  regulation or rule that:
1. Is more restrictive than a comparable ordinance,  regulation or rule that applies to nonprofit medical marijuana dispensaries.
2. Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities.
3. Conflicts with this chapter or rules adopted pursuant to this chapter.
4. Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads.
5. Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations.
6. Except as expressly authorized by this section or section 36-2851,  prohibits or restricts any conduct or transaction allowed by this chapter,  or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2859 - Advertising restrictions; enforcement; civil penalty

36-2859.
Advertising restrictions;  enforcement;  civil penalty
(Caution: 1998 Prop. 105 applies)
A. A marijuana establishment or nonprofit medical marijuana dispensary may engage in advertising.
B. An advertising platform may host advertising only if all of the following apply:
1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.
2. The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number.
C. Any advertising under this chapter involving direct,  individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is twenty-one years of age or older before engaging in that communication or dialogue. For the purposes of this subsection,  that method of age affirmation may include user confirmation,  birth date disclosure or other similar registration methods.
D. It is unlawful for an individual or entity other than a marijuana establishment or dual licensee to do any of the following in a manner that is not authorized by this chapter or rules adopted by the department pursuant to this chapter:
1. Facilitate the delivery of marijuana or marijuana products.
2. Solicit or accept orders for marijuana or marijuana products or operate a platform that solicits or accepts orders for marijuana or marijuana products.
3. Operate a listing service related to the sale or delivery of marijuana or marijuana products.
E. A marijuana establishment that violates this section is subject to disciplinary action by the department pursuant to section 36-2854,  subsection B. A nonprofit medical marijuana dispensary that violates this section is subject to disciplinary action by the department pursuant to section 36-2816.
F. In addition to any other penalty imposed by law,  an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products in violation of this section or otherwise violates this section shall pay a civil penalty of $20, 000 per violation to the smart and safe Arizona fund established by section 36-2856. This subsection may be enforced by the attorney general.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2860 - Packaging; restrictions on particular marijuana products

36-2860.
Packaging;  restrictions on particular marijuana products
(Caution: 1998 Prop. 105 applies)
A. A marijuana establishment may not:
1. Package or label marijuana or marijuana products in a false or misleading manner.
2. Manufacture or sell marijuana products that resemble the form of a human,  animal,  insect,  fruit,  toy or cartoon.
3. Sell or advertise marijuana or marijuana products with names that resemble or imitate food or drink brands marketed to children,  or otherwise advertise marijuana or marijuana products to children.
B. A marijuana establishment that violates this section is subject to disciplinary action by the department pursuant to section 36-2854,  subsection B.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2861 - Contracts; professional services

36-2861.
Contracts;  professional services
(Caution: 1998 Prop. 105 applies)
A. It is the public policy of this state that contracts related to marijuana establishments and marijuana testing facilities are enforceable.
B. A person that is licensed,  certified or registered by any department,  agency or regulatory board of this state is not subject to disciplinary action by that entity for providing professional assistance to a prospective or registered marijuana establishment,  marijuana testing facility or other person for any lawful activity under this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2864 - Transaction privilege tax; use tax; additional taxes prohibited; exception

36-2864.
Transaction privilege tax;  use tax;  additional taxes prohibited;  exception
(Caution: 1998 Prop. 105 applies)
A. For purposes of the transaction privilege tax and use tax levied and collected pursuant to title 42,  chapters 5 and 6,  marijuana and marijuana products are tangible personal property defined in section 42-5001 and are subject to the transaction privilege tax in the retail classification and use tax.
B. Except as provided in subsection A of this section and section 42-5452,  this state and localities may not levy or collect additional taxes of any kind on the sale of marijuana or marijuana products and may not levy or collect any fees or assessments of any kind on the sale of marijuana or marijuana products or on the licensing,  operations or activities of marijuana establishments or marijuana testing facilities,  unless the fee or assessment is of general applicability to individuals or businesses that are not engaged in the sale of marijuana or marijuana products.
C. The prohibition imposed by subsection B of this section does not apply to uniform increases to the transaction privilege tax rate for the retail classification or use tax rate by this state or a locality or to uniform increases to fees or assessments allowed by subsection B of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2865 - Enforcement of this chapter; special action

36-2865.
Enforcement of this chapter;  special action
(Caution: 1998 Prop. 105 applies)
A. If the department fails to adopt rules necessary to implement this chapter on or before June 1,  2021,  or fails to begin accepting applications as provided in section 36-2854,  subsection A,  paragraph 1,  subdivision (d),  any citizen may commence a special action in superior court to compel the department to perform the actions mandated under this chapter.
B. If the department fails to issue a license or send a notice of denial within sixty days after receiving a complete marijuana establishment application pursuant to section 36-2854,  subsection A,  paragraph 1,  subdivision (d),  the applicant may commence a special action in superior court to compel the department to perform the actions mandated under this chapter.
C. Notwithstanding chapter 28.1 of this title,  if the department fails to issue any marijuana establishment licenses pursuant to section 36-2854,  subsection A,  paragraph 1,  subdivision (d) on or before April 5,  2021,  each nonprofit medical marijuana dispensary in good standing may begin to cultivate,  produce,  process,  manufacture,  transport and test marijuana and marijuana products and may sell marijuana and marijuana products to consumers until the department issues licenses to operate marijuana establishments. If this occurs,  nonprofit medical marijuana dispensaries in good standing shall:
1. Be treated as marijuana establishments for all purposes under this chapter,  and their nonprofit medical marijuana establishment agents shall be treated as marijuana facility agents for all purposes under this chapter.
2. Comply with the rules adopted by the department to implement chapter 28.1 of this title,  except those that are inconsistent with this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.01 - Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action

36-2901.01.
Additional definition of eligibility for the Arizona health care cost containment system;  enforcement;  private right of action
(Caution: 1998 Prop. 105 Applies)
A. For the purposes of section 36-2901,  " eligible person"  includes any person who has an income level that,  at a minimum,  is between zero and one hundred per cent of the federal poverty guidelines as published annually by the United States department of heath and human services and based on the resource limits that are defined by the director of the Arizona health care cost containment system administration and that are not less than the resource limits in effect on November 5,  1996,  and also based on other eligibility requirements of federal law or the health care financing administration pursuant to section 1115 of the social security act. The people acting through initiative,  or the legislature by a simple majority vote,  may change the eligibility threshold to a percentage of the federal poverty guidelines that is even more inclusive. Neither the executive department nor the legislature may establish a cap on the number of eligible persons who may enroll in the system.
B. To ensure that sufficent monies are available to provide benefits to all persons who are eligible pursuant to this section,  funding shall come from the Arizona tobacco litigation settlement fund established by section 36-2901.02 and shall be supplemented,  as necessary,  by any other available sources including legislative appropriations and federal monies.
C. An eligible person or a prospective eligible person may bring an action in the superior court against the director of the health care cost containment system adminstration and this state to enforce this section and section 36-2901.02. The court has jurisdiction to enforce this section and section 36-2901.02 and any rule adopted pursuant to these sections and may apply appropriate civil sanctions and equitable remedies.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.02 - Arizona tobacco litigation settlement fund; nonlapsing

36-2901.02.
Arizona tobacco litigation settlement fund;  nonlapsing
(Caution: 1998 Prop 105 Applies)
A. The Arizona tobacco litigation settlement fund is established consisting of all monies that this state receives pursuant to the tobacco litigation master settlement agreement entered into on November 23,  1998 and interest earned on these monies. The director of the Arizona health care cost containment system administration shall administer the fund. The state treasurer shall invest monies in the fund pursuant to section 35-313 and shall credit monies earned from these investments to the fund.
B. The director shall use fund monies as follows and in the following order:
1. Withdraw an amount necessary in each fiscal year to fully implement and fully fund the programs and services required as a result of the expanded definition of an eligible person pursuant to section 36-2901.01.
2. Withdraw an amount necessary in each fiscal year to fully implement and fully fund each of the programs listed in section 5-522,  subsection E,  as amended pursuant to the initiative measure approved by the voters on November 5,  1996,  at funding levels that when annually adjusted for inflation,  as provided in said initiative,  are equal to or greater than those provided for in that election. The joint legislative budget committee shall compute these adjusted levels and provide this information to the director of the Arizona health care cost containment system administration. The director shall transfer these monies to the agencies responsible for administering each of the programs. The legislature may modify the funding provided pursuant to this subsection by simple majority vote not less than ten years after the effective date of this section.
C. The director may use any remaining fund monies to fund expanded coverage in the Arizona health care cost containment system including the premium sharing program and as approved by the voters or by the legislature by simple majority vote.
D. The legislature may appropriate any monies that remain in the fund after the programs prescribed in subsection B,  paragraphs 1 and 2 of this section are fully funded and implemented only for programs that benefit the health of the residents of this state.
E. Monies in the fund:
1. Shall be used to supplement and not supplant existing and future appropriations to the Arizona health care cost containment system administration for existing and future programs.
2. Do not revert to the state general fund.
3. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
4. Are continuously appropriated.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.03 - Federal poverty program; eligibility

36-2901.03.
Federal poverty program;  eligibility
A. The administration shall adopt rules for a streamlined eligibility determination process for any person who applies to be an eligible person as defined in section 36-2901,  paragraph 6,  subdivision (a),  item (iv). The administration shall adopt these rules in accordance with state and federal requirements and the section 1115 waiver.
B. The administration must base eligibility on an adjusted gross income that does not exceed one hundred per cent of the federal poverty guidelines.
C. For persons who the administration determines are eligible pursuant to this section,  the date of eligibility is the first day of the month of application.
D. Except as provided in subsection E of this section,  the administration shall determine an eligible person's continued eligibility at least annually.
E. Every six months the administration shall determine the continued eligibility of any adult who is at least twenty-one years of age and who is subject to redetermination of eligibility for temporary assistance for needy families cash benefits by the department. Acute care redeterminations pursuant to this subsection shall occur simultaneously with redeterminations of eligibility for temporary assistance for needy families cash benefits.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.04 - Medical expense deduction eligibility process

36-2901.04.
Medical expense deduction eligibility process
A. The administration shall adopt rules for a streamlined medical expense deduction eligibility process to determine eligibility for any person who applies to be an eligible person as defined in section 36-2901,  paragraph 6,  subdivision (a),  item (v). The administration shall adopt these rules in accordance with state and federal requirements and the section 1115 waiver.
B. To be eligible for the medical expense deduction program established pursuant to this section a person must meet the following requirements:
1. Have a family income that does not exceed forty per cent of the federal poverty guidelines after deducting allowable medical expenses.
2. Have family resources that do not exceed one hundred thousand dollars in net worth,  including five thousand dollars in liquid assets. The administration shall exclude one vehicle.
C. An applicant may use the allowable medical expenses of a member of the applicant's family unit to reduce income to the required income level prescribed in subsection A of this section. The administration shall calculate income by using medical expenses that are not reimbursable by first or third party liability and that are incurred in a three month period beginning with the month before the month of application,  the month of application and the following month.
D. To determine when spend down is met,  the administration shall deduct from the applicant's family income incurred medical expenses sequentially beginning with the month before the month of application.
E. Eligibility is the date that spend down is met as determined by the department or the first day of the month of application,  whichever is later.
F. The administration shall grant eligibility for five continuous months plus any remaining days starting with the first day of eligibility but not to exceed a maximum period of six months.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.05 - Breast and cervical cancer treatment; additional definition of eligibility

36-2901.05.
Breast and cervical cancer treatment;  additional definition of eligibility
A. For the purposes of this article,  beginning January 1,  2002,  " eligible person"  includes a person who meets all of the following requirements:
1. Has been screened for breast and cervical cancer by a provider or entity that is recognized by the well woman healthcheck program administered by the department of health services as part of its program under title XV of the public health service act and that operates consistently with well woman healthcheck program guidelines.
2. Needs treatment for breast or cervical cancer.
3. Has an income level that is at or below two hundred fifty per cent of the federal poverty guidelines.
4. Is under sixty-five years of age.
5. Is not otherwise covered under creditable coverage as defined in section 2701(c) of the public health services act (42 United States Code section 300gg(c)).
B. The administration shall limit the assistance it provides pursuant to this section to medically necessary services provided during the period that the person requires treatment for breast or cervical cancer as determined by the administration.
C. The administration shall use a simplified eligibility form that the applicant may mail to the administration. Once the administration receives a completed application,  the administration shall expedite the eligibility determination and enrollment on a prospective basis.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.06 - Capitation rate adjustments; limitation

36-2901.06.
Capitation rate adjustments;  limitation
Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes,  including creation or expansion of programs,  have been approved by the legislature or are specifically required by federal law or court mandate.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.07 - Definition of eligible person; conditional eligibility

36-2901.07.
Definition of eligible person;  conditional eligibility
(Conditionally Rpld.)
A. Beginning January 1,  2014,  for the purposes of section 36-2901,  " eligible person"  includes a person who is eligible pursuant to 42 United States Code section 1396a(a)(10)(A)(i)(VIII) and whose household's modified adjusted gross income is more than one hundred per cent but equal to or less than one hundred thirty-three per cent of the federal poverty guidelines.
B. The administration shall discontinue eligibility for a person who is eligible pursuant to subsection A of this section if the federal medical assistance percentage established pursuant to 42 United States Code section 1396d(y) or 1396d(z) that is applicable to this state is less than eighty per cent.
C. The administration shall discontinue eligibility for persons who are eligible pursuant to subsection A of this section if the maximum amount that can be assessed under section 36-2901.08 without causing a reduction in federal financial participation,  in combination with the monies specified in section 36-2901.09 and any other monies appropriated for the costs of this section and costs specified in section 36-2901.08,  subsection A,  is insufficient to cover those costs.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2901.09 - Hospital assessment fund

36-2901.09.
Hospital assessment fund
A. The hospital assessment fund is established consisting of monies collected pursuant to section 36-2901.08. The director shall administer the fund.
B. The director shall use fund monies only as necessary to supplement monies in the proposition 204 protection account established by section 36-778 and the Arizona tobacco litigation settlement fund established by section 36-2901.02.
C. Monies in the fund:
1. Do not revert to the state general fund.
2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
3. Are continuously appropriated.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2902 - Arizona health care cost containment system administration; director; compensation

36-2902.
Arizona health care cost containment system administration;  director;  compensation
A. There is established the Arizona health care cost containment system administration.
B. The administration shall be administered by a director appointed by the governor and confirmed by the senate.
C. The director of the administration is eligible to receive compensation pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.02 - Quality of health care monitoring standard; development; adoption; use; additional monitoring; costs

36-2903.02.
Quality of health care monitoring standard;  development;  adoption;  use;  additional monitoring;  costs
A. The administration shall develop by rule a standard for contractors to use to monitor the quality of health care received by members. Each contractor shall adopt and use the standard developed by the administration.
B. The director shall periodically determine whether each contractor has properly adopted and implemented the quality of health care monitoring standard. If the director determines that a contractor has not done so,  the director shall undertake additional special efforts to monitor and assess the quality of health care provided by that contractor for as long as the director deems necessary. The director shall determine the cost incurred in undertaking such special efforts and shall deduct that amount each month from any payment owed to that contractor for as long as the special efforts continue.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.04 - Prior wards of the state; annual eligibility renewal; residency determination

36-2903.04.
Prior wards of the state;  annual eligibility renewal;  residency determination
A. The administration shall determine the eligibility of any eligible person as defined in section 36-2901,  paragraph 6,  subdivision (a),  item (iii). Subject to the approval of the centers for medicare and medicaid services,  the administration or the administration's designee shall annually renew on an automatic basis the eligibility of a person who is determined eligible pursuant to section 36-2901,  paragraph 6,  subdivision (a),  item (iii) without requiring additional information from the person until the person reaches twenty-six years of age,  unless the person notifies the administration that the person either:
1. Moved out of this state.
2. May qualify for a different eligibility category.
B. If a person's eligibility in a different eligibility category ends,  the administration shall automatically transfer the person back to the eligibility category specified in section 36-2901,  paragraph 6,  subdivision (a),  item (iii) without disruption in medical coverage.
C. During the person's eligibility period,  the administration or its designee may use reliable information available to the agency to determine the person's state residency,  including through an electronic data match.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.05 - Uniform application and eligibility process

36-2903.05.
Uniform application and eligibility process
A. The director shall adopt rules to prescribe a uniform application and eligibility process for participants in the premium sharing program,  the children's health insurance program and healthcare group.
B. The administration shall coordinate application screening for the programs prescribed in subsection A and facilitate the transfer of a member from one program to another program for which the member qualifies.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.06 - Cooperation with Arizona-Mexico commission

36-2903.06.
Cooperation with Arizona-Mexico commission
The administration shall cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the administration's duties and that relate to quality of life,  trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.07 - Trauma and emergency services fund

36-2903.07.
Trauma and emergency services fund
(Caution: 1998 Prop. 105 applies)
A. The trauma and emergency services fund is established consisting of monies deposited pursuant to section 5-601.02(H)(3)(b)(ii) and interest earned on those monies. The Arizona health care cost containment system administration shall administer the fund. The fund is not subject to appropriation,  and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary.
B. Monies received pursuant to section 5-601.02 shall be deposited directly with the trauma and emergency services fund. On notice from the administration,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund. No monies in the trauma and emergency services fund shall revert to or be deposited in any other fund,  including the state general fund. Monies in the trauma and emergency services fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. Monies provided from the trauma and emergency services fund shall supplement,  not supplant,  existing monies.
C. Monies in the fund shall only be used to reimburse hospitals in Arizona for unrecovered trauma center readiness costs and unrecovered emergency services costs as provided for in this section.
D. For purposes of this section:
1. " Trauma center readiness costs"  means clinical,  professional and operational costs that are incurred by a level I trauma center and that are necessary for the provision of level I trauma care on a twenty-four hour,  seven days per week basis. Trauma center readiness costs include only those administrative and overhead costs that are directly associated with providing level I trauma care.
2. " Emergency services costs"  means clinical,  professional and operational costs that are necessarily incurred by a hospital in providing emergency services.
3. " Unrecovered"  means the difference between the costs incurred by a hospital in providing the service and the amount that the hospital has been paid for providing the service.
E. Within six months of the effective date of this section,  the administration shall promulgate rules pursuant to Arizona Revised Statutes title 42,  chapter 6,  except that the rules shall not be subject to article 5 of that chapter. The rules shall set forth:
1. A methodology to determine Arizona hospitals' unrecovered trauma center readiness costs and unrecovered emergency services costs;
2. A procedure to distribute all monies from the trauma and emergency services fund to Arizona hospitals in proportion to those hospitals' unrecovered trauma center readiness costs and unrecovered emergency services costs.
F. The administration shall distribute all monies from the trauma and emergency services fund to Arizona hospitals in accordance with the rules promulgated pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.08 - AHCCCS uncompensated care; hospital assessments; reports

36-2903.08.
AHCCCS uncompensated care;  hospital assessments;  reports
A. On or before October 1 each year,  the Arizona health care cost containment system administration shall report to the speaker of the house of representatives,  the president of the senate,  the chairpersons of the appropriations committees of the house of representatives and the senate and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on the change in uncompensated hospital costs experienced by hospitals in this state and hospital profitability during the previous fiscal year.
B. On or before August 1 each year,  the Arizona health care cost containment system administration shall report to the speaker of the house of representatives,  the president of the senate,  the chairpersons of the appropriations committees of the house of representatives and the senate and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting the following:
1. The aggregate amount each hospital contributed for the hospital assessments authorized pursuant to sections 36-2901.08 and 36-2999.72 in the previous fiscal year.
2. The aggregate amount of estimated payments each hospital received from the coverage and directed payments funded by the assessment.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.10 - AHCCCS contractors; prescription monitoring; controlled substances; review

36-2903.10.
AHCCCS contractors;  prescription monitoring;  controlled substances;  review
A. A contractor shall intervene if a member has ten or more prescriptions for controlled substances within a three-month period.
B. A contractor shall monitor prescriptions that are filled by members and shall intervene with both the prescriber and the member when excessive amounts of controlled substances are used. The contractor shall direct cases involving excessive controlled substance use to the system medical director for review.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2903.11 - AHCCCS contractors; emergency department use; annual reporting

36-2903.11.
AHCCCS contractors;  emergency department use;  annual reporting
A. A contractor shall intervene if a member inappropriately seeks care at a hospital emergency department four times or more in a six-month period to educate the member regarding the proper use of emergency services.
B. A contractor shall report to the administration in a manner prescribed by the administration the number of times the contractor intervenes with members pursuant to this section.
C. On or before December 1,  2017 and on or before December 1 of each year thereafter,  the administration shall report to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on the use of emergency departments for nonemergency purposes by members.