Arizona Legislature Passes for Liability Reform
In April, Arizona Governor Janet Napolitano signed into law Senate Bill
1251, entitled "Elder Provider Liability Reform," modifying Arizona's
Adult Protective Services Act to allow the court to award punitive
damages in vulnerable abuse cases, and placing limits on attorney fees
in those cases. The bill defines a vulnerable adult as an individual 18
years of age or older who is unable to defend against abuse, neglect or
exploitation by others.
The new law is significant to long term care facilities because upon
settlement or court decision against a nursing care facility, it
requires the plaintiff's attorney to provide a copy of the complaint
with terms of the settlement or judgment to the Department of Health
Services within 30 days. At its discretion, the department of health
may then investigate the complaint to determine whether procedural
violations exist. Additionally, the bill requires reporting of the
settlement or judgment to the defendant's professional regulatory board.
For more information about this bill visit Arizona's legislative web site
at www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/1r/summary/s.1251health-caucus_floor.doc.
htm&DocType=S. For information on other state bills, view the latest
issue of Health Policy Advisor at www.amda.com/federalaffairs/healthpolicyadvisor.htm.
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