Arizona Laws 36-2901.01. Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action
Terms Used In Arizona Laws 36-2901.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-2901
- Department: means the department of economic security. See Arizona Laws 36-2901
- Director: means the director of the Arizona health care cost containment system administration. See Arizona Laws 36-2901
- 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. See Arizona Laws 36-2901
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal poverty guidelines: means the poverty guidelines as updated annually in the federal register by the United States department of health and human services. See Arizona Laws 1-215
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- System: means the Arizona health care cost containment system established by this article. See Arizona Laws 36-2901
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
(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.