Arizona Laws 20-3152. Exemptions; waiver
A. This chapter does not create:
Terms Used In Arizona Laws 20-3152
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
1. Any liability on the part of any employer or employer group purchasing organization that purchases coverage or assumes risk on behalf of its employees or on behalf of self-funded employee benefit plans.
2. Any new or additional liability on the part of a health care insurer for harm caused that is attributable to the medical negligence of a treating health care professional or health care institution as defined in section 36-401.
B. This chapter does not abrogate or limit any other theory of liability or defense otherwise available at law.
C. Any waiver by an enrollee of any provision of this chapter is contrary to public policy and is unenforceable and void.
D. An enrollee who files an action pursuant to section 20-3153 may not pursue a common law action for breach of the duty of good faith and fair dealing against the health care insurer. An enrollee who files a common law action for breach of the duty of good faith and fair dealing against a health care insurer may not pursue an action pursuant to section 20-3153.