36-2173. Obstetrical practitioners;
underserved areas; payment of insurance premiums;
prioritization


A. A physician or a mid-level practitioner who provides obstetrical services in
rural areas of this state may apply for and receive financial assistance to offset
medical malpractice premium expenses.


B. To be qualified for assistance, a person shall apply to the department on a form
and in a manner prescribed by the department and shall meet the following requirements:


1. Have current obstetrical delivery privileges at one or more hospitals that are
located in rural areas of this state and that are not operated by the federal government.


2. Have a contract with the Arizona health care cost containment system for
obstetrical services with one or more of the system's prepaid contractors.


3. Be licensed under title 32, chapter 13, 15, 17 or 25.


4. Personally incur malpractice insurance costs.


C. The department shall establish an index that uses indicators to determine a
score for each applicant service area. These indicators shall include:


1. The availability of obstetrical services based on a population to provider
ratio.


2. The area's geographic accessibility to obstetrical services.


3. The percentage of the area's population that is at or below a designated federal
poverty level.


D. The department shall identify physicians and mid-level providers who are
practicing in medically underserved areas and shall notify them of the eligibility for
assistance under this section. A physician or mid-level provider shall submit an
application for assistance within thirty days of receiving the notification. The
department shall offer assistance to qualified applicants based on the ranking of the
area in which the applicant serves as established under subsection C. The applicant
shall enter into a contract with the department under which the applicant agrees to
remain in practice in the specific area for one year. These contracts are exempt from
the requirements of title 41, chapter 23.


E. Family physicians and mid-level providers who perform less than fifty-one
deliveries per year and who are required to pay an additional premium to perform
obstetrical services are eligible to receive an amount of not more than five thousand
dollars. Family physicians and obstetricians who perform more than fifty deliveries per
year are eligible to receive an amount of not more than ten thousand dollars.


F. The health care provider shall submit a report to the department that contains
statistical information required by the department and that identifies the number of
women to whom the provider has provided medical services during childbirth, the women's
ages, the number of prenatal visits each woman received, the number of these women who
are enrolled in the Arizona health care cost containment system and the women's insurance
status.