36-2901.01. Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action

(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.