36-2901. Definitions


In this article, unless the context otherwise requires:


1. "Administration" means the Arizona health care cost containment system
administration.


2. "Administrator" means the administrator of the Arizona health care cost
containment system.


3. "Contractor" means a person or entity that has a prepaid capitated contract with
the administration pursuant to section 36-2904 to provide health care to members under
this article either directly or through subcontracts with providers.


4. "Department" means the department of economic security.


5. "Director" means the director of the Arizona health care cost containment system
administration.


6. "Eligible person" means any person who is:


(a) Any of the following:


(i) Defined as mandatorily or optionally eligible pursuant to title XIX of the
social security act as authorized by the state plan.


(ii) Defined in title XIX of the social security act as an eligible pregnant woman
with a family income that does not exceed one hundred fifty per cent of the federal
poverty guidelines, as a child under the age of six years and whose family income does
not exceed one hundred thirty-three per cent of the federal poverty guidelines or as
children who have not attained nineteen years of age and whose family income does not
exceed one hundred per cent of the federal poverty guidelines.


(iii) Under twenty-one years of age and who was in the custody of the department of
economic security pursuant to title 8, chapter 5 or 10 when the person became eighteen
years of age.


(iv) Defined as eligible pursuant to section 36-2901.01.


(v) Defined as eligible pursuant to section 36-2901.04.


(b) A full-time officer or employee of this state or of a city, town or school
district of this state or other person who is eligible for hospitalization and medical
care under title 38, chapter 4, article 4.


(c) A full-time officer or employee of any county in this state or other persons
authorized by the county to participate in county medical care and hospitalization
programs if the county in which such officer or employee is employed has authorized
participation in the system by resolution of the county board of supervisors.


(d) An employee of a business within this state.


(e) A dependent of an officer or employee who is participating in the system.


(f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this
chapter.


(g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of
title XIX of the social security act and who meets the income requirements of section
36-2929.


7. "Graduate medical education" means a program, including an approved fellowship,
that prepares a physician for the independent practice of medicine by providing didactic
and clinical education in a medical discipline to a medical student who has completed a
recognized undergraduate medical education program.


8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct
that creates a substantial risk of tremendous harm to others.


9. "Member" means an eligible person who enrolls in the system.


10. "Noncontracting provider" means a person who provides health care to members
pursuant to this article but not pursuant to a subcontract with a contractor.


11. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.


12. "Prepaid capitated" means a mode of payment by which a health care contractor
directly delivers health care services for the duration of a contract to a maximum
specified number of members based on a fixed rate per member notwithstanding:


(a) The actual number of members who receive care from the contractor.


(b) The amount of health care services provided to any member.


13. "Primary care physician" means a physician who is a family practitioner, general
practitioner, pediatrician, general internist, or obstetrician or gynecologist.


14. "Primary care practitioner" means a nurse practitioner certified pursuant to
title 32, chapter 15 or a physician assistant certified pursuant to title 32, chapter
25. This paragraph does not expand the scope of practice for nurse practitioners as
defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant
to title 32, chapter 25.


15. "Section 1115 waiver" means the research and demonstration waiver granted by the
United States department of health and human services.


16. "Special health care district" means a special health care district organized
pursuant to title 48, chapter 31.


17. "State plan" has the same meaning prescribed in section 36-2931.


18. "System" means the Arizona health care cost containment system established by
this article.