Section R9-22-711. Copayments

A.      For purposes of this Article:

1.        A copayment is a monetary amount that a member pays directly to a provider at the time a covered service is ren- dered.

2.        An eligible individual is assigned to a hierarchy estab- lished in subsections (B) through (E), for the purposes of establishing a copayment amount.

3.        No refunds shall be made for a retroactive period if there is a change in an individual’s status that alters the amount of a copayment.

B.       The following services are exempt from AHCCCS copay- ments for all members:

1.        Family planning services and supplies,

2.        Services related to a pregnancy or any other medical con- dition that may complicate the pregnancy, including tobacco cessation treatment for a pregnant woman,

3.        Emergency services as described in 42 CFR 447.56(2)(i),

4.        All services paid on a fee-for-service basis,

5.        Preventive services, such as well visits, immunizations, pap smears, colonoscopies, and mammograms,

6.        Provider preventable services.

C.      The following individuals are exempt from AHCCCS copay- ments:

1.        An individual under age 19, including individuals eligible for the KidsCare Program in A.R.S. § 36-2982;

2.        An individual determined to be Seriously Mentally Ill (SMI) by the Arizona Department of Health Services;

3.        An individual eligible for the Arizona Long-Term Care Program in A.R.S. § 36-2931;

4.        An individual eligible for QMB under Chapter 29;

5.        An individual eligible for the Children’s Rehabilitative Services program under A.R.S. § 36-2906(E);

6.        An individual receiving nursing facility or HCBS ser- vices under R9-22-216;

7.        An individual receiving hospice care as defined in 42

U.S.C. 1396d(o);

8.        An American Indian individual enrolled in a health plan and has received services through an IHS facility, tribal 638 facility or urban Indian health program;

9.        An individual eligible in the Breast and Cervical Cancer program as described under Article 20;

10.     An individual who is pregnant and through the postpar- tum period following the pregnancy;

11.     An individual with respect to whom child welfare ser- vices are made available under Part B of Title IV of the Social Security Act on the basis of being a child in foster care, without regard to age;

12.     An individual with respect to whom adoption or foster care assistance is made available under Part E of Title IV of the Social Security Act, without regard to age; and

13.     An adult eligible under R9-22-1427(E), with income at or below 106% of the FPL.

D.      Non-mandatory copayments. Unless otherwise listed in sub- section (B) or (C), individuals under subsections (D)(1) through (6) are subject to the copayments listed in this subsec- tion. A provider shall not deny a service when a member states to the provider an inability to pay a copayment.

1.        A caretaker relative eligible under R9-22-1427(A);

2.        An individual eligible for Young Adult Transitional Insurance (YATI) in A.R.S. § 36-2901(6)(a)(iii);

3.        An individual eligible for State Adoption Assistance in R9-22-1433;

4.        An individual eligible for Supplemental Security Income (SSI);

5.        An individual eligible for SSI Medical Assistance Only (SSI/MAO) in Article 15; and

6.        An individual eligible for the Freedom to Work program in A.R.S. § 36-2901(6)(g).

7.        Copayment amount per service:

a.         $2.30 per prescription drug.

b.        $3.40 per outpatient visit, excluding an emergency room visit, if any of the services rendered during the visit are coded as evaluation and management ser- vices or non-emergent surgical procedures according to the National Standard Code Sets. An outpatient visit includes any setting where these services are performed such as a physician’s office, an Ambula- tory Surgical Center (ASC), or a clinic.

c.         $2.30 per visit, if a copayment is not being imposed under subsection (D)(7)(b) and any of the services rendered during the visit are coded as physical, occupational or speech therapy services according to the National Standard Code Sets.

E.       Mandatory copayments.

1.        Copayments for individuals eligible for Transitional Medical Assistance (TMA) under R9-22- 1427(B)(1)(c)(i). Unless otherwise listed in subsection (C), an individual is required to pay the following copay- ments for prescription drugs and outpatient services unless the service is provided during an emergency room visit or the service is otherwise exempt under subsection (B). An outpatient visit includes any setting where these outpatient services are performed such as, an outpatient hospital, a physician’s provider’s office, HCBS setting, an Ambulatory Surgical Center (ASC), or a clinic:

a.         $2.30 per prescription drug.

b.        $4.00 per outpatient visit, if any of the services ren- dered during the visit are coded as evaluation and management services according to the National Standard Code Sets.

c.         If a copayment is not being imposed under subsec- tion (E)(1)(b), $3.00 per visit if any of the services rendered during the visit are coded as physical, occupational or speech therapy services according to the National Standard Code Sets.

d.        If a copayment is not being imposed under subsec- tion (E)(1)(b) or (c), $3.00 per visit, if any of the ser- vices rendered during the visit are coded as non- emergent surgical procedures according to the National Standard Code Sets.

2.        Copayments for persons eligible under R9-22-1427(E) with income above 106% of the FPL and for persons eli- gible under A.R.S. §§ 36-2907.10 and 36-2907.11. Sub- ject to CMS approval, unless otherwise listed in subsection (C), these individuals are required to pay the following copayments for prescription drugs and outpa- tient services unless the service is provided during an emergency room visit or the service is otherwise exempt

under subsection (B). An outpatient visit includes any setting where these outpatient services are  performed such as, an outpatient hospital, a physician’s provider’s office, HCBS setting, an Ambulatory Surgical Center (ASC), or a clinic:

a.         $4.00 per prescription drug.

b.        $5.00 per outpatient visit when the AHCCCS fee schedule for the visit code is a rate from $50 to less than $100, if any of the services rendered during the visit are coded as evaluation and management ser- vices according to the National Standard Code Sets.

c.         $10.00 per outpatient visit when the AHCCCS fee schedule for the visit code is a rate of $100 or greater, if any of the services rendered during the visit are coded as evaluation and management ser- vices according to the National Standard Code Sets.

d.        If a copayment is not being imposed under subsec- tion (E)(2)(b) or  (E)(2)(c),  for services coded as physical, occupational or speech therapy services according to the National Standard Code Sets.

i.         $2.00 if the rate on the fee schedule is $20 to

$39.99,

ii.        $4.00 if the rate on the fee schedule is $40 to

$49.99, or

iii.      $5.00 if the rate on the fee schedule is $50 and above per visit.

e.         If a copayment is not being imposed under subsec- tion (E)(2)(b) – (E)(2)(d), for services coded as non- emergent surgical procedures according to the National Standard Code Sets,

i.         $30.00 if the rate on the fee schedule is $300 to

$499.99, or

ii.        $50.00 if the rate on the fee schedule is $500 and above per visit.

f.         Unless the individual is otherwise exempt in subsec- tion (C) or the service is exempted under subsection

(B)   the individual is required to pay $2.00 per trip for non-emergency transportation in an urban area.

g.        Unless the individual is otherwise exempt in subsec- tion (C) or the service is exempted under subsection

(B) the individual is required to pay $8.00 for non- emergency use of the emergency room.

h.        Unless the individual is otherwise exempt in subsec- tion (C) or the service is exempted under subsection

(B) the individual is required to pay $75 for an Inpa- tient stay.

3.        The provider may deny a service if the member does not pay the copayment required by subsection (E), however, a provider may choose to reduce or waive copayments under this subsection on a case-by-case basis.

F.       A provider is responsible for collecting any copayment imposed under this Section.

G.      The total aggregate amount of copayments under subsections

(D)   or (E) may not exceed 5% of the family’s income as applied on a quarterly basis. The member may establish that the aggregate limit has been met on a quarterly basis by pro- viding the Administration with records of  copayments incurred during the quarter. In addition, the Administration shall also use claims and encounters information available to the Administration to establish when a member’s copayment obligation has reached 5% of the family’s income.

H.      Reduction in payments to providers. The Administration and its contractors shall reduce the payment it makes to any pro- vider by the amount of a member’s copayment obligation

under subsection (E), regardless of whether the provider suc- cessfully collects the copayments described in this Section.

Historical Note

Adopted as an emergency effective May 20, 1982, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82- 3). Former Sections R9-22-711 adopted as an emergency now adopted and amended as a permanent rule effective August 30, 1982 (Supp. 82-4). Former Section R9-22-711 repealed, new Section R9-22-711 adopted effective Octo- ber 1, 1983 (Supp. 83-5). Amended effective October 1, 1985 (Supp. 85-5). Amended under an exemption from the provisions of the Administrative Procedure Act, effective July 1, 1993 (Supp. 93-3). Amended under an exemption from the provisions of the Administrative Pro- cedure Act, effective October 26, 1993 (Supp. 93-4).

Amended effective September 22, 1997 (Supp. 97-3). Amended by final rulemaking at 6 A.A.R. 2435, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking

at 8 A.A.R. 3317, effective July 15, 2002 (Supp. 02-3). Amended by exempt rulemaking at 9 A.A.R. 4557, effec- tive October 1, 2003 (Supp. 03-4). Amended by exempt

rulemaking at 10 A.A.R. 2194, effective May 3, 2004 (Supp. 04-2). Amended by exempt rulemaking at 10

A.A.R. 4266, effective October 1, 2004 (Supp. 04-3). Amended by final rulemaking at 16 A.A.R. 1449, effec- tive October 1, 2010 (Supp. 10-3). Section amended by exempt rulemaking at 18 A.A.R. 461, effective April 1, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 2954, effective November 11, 2013 (Supp. 13-3). Amended by exempt rulemaking at 20 A.A.R. 128, effective December 30, 2013 (Supp. 13-4). Amended by exempt rulemaking at 20 A.A.R. 2755, effective January

1, 2015 (Supp. 14-3).

Note

Editor’s Note: The following Section was adopted and amended under an exemption from the provisions of the Adminis- trative Procedure Act which means that this rule was not reviewed by the Governor’s Regulatory Review Council; the agency did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the agency was not required to hold public hearings on the rules; and the Attorney General did not certify this rule. This Section was subse- quently amended through the regular rulemaking process.