Arizona Laws 36-2901.02
Terms Used In Arizona Laws 36-2901.02
- Administration: means the Arizona health care cost containment system administration. 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
(Caution: 1998 Prop 105 Applies)
A. The Arizona tobacco litigation settlement fund is established consisting of all monies that this state receives pursuant to the tobacco litigation master settlement agreement entered into on November 23, 1998 and interest earned on these monies. The director of the Arizona health care cost containment system administration shall administer the fund. The state treasurer shall invest monies in the fund pursuant to section 35-313 and shall credit monies earned from these investments to the fund.
B. The director shall use fund monies as follows and in the following order:
1. Withdraw an amount necessary in each fiscal year to fully implement and fully fund the programs and services required as a result of the expanded definition of an eligible person pursuant to Section 36-2901.01.
2. Withdraw an amount necessary in each fiscal year to fully implement and fully fund each of the programs listed in section 5-522, subsection E, as amended pursuant to the initiative measure approved by the voters on November 5, 1996, at funding levels that when annually adjusted for inflation, as provided in said initiative, are equal to or greater than those provided for in that election. The joint legislative budget committee shall compute these adjusted levels and provide this information to the director of the Arizona health care cost containment system administration. The director shall transfer these monies to the agencies responsible for administering each of the programs. The legislature may modify the funding provided pursuant to this subsection by simple majority vote not less than ten years after the effective date of this section.
C. The director may use any remaining fund monies to fund expanded coverage in the Arizona health care cost containment system including the premium sharing program and as approved by the voters or by the legislature by simple majority vote.
D. The legislature may appropriate any monies that remain in the fund after the programs prescribed in subsection B, paragraphs 1 and 2 of this section are fully funded and implemented only for programs that benefit the health of the residents of this state.
E. Monies in the fund:
1. Shall be used to supplement and not supplant existing and future appropriations to the Arizona health care cost containment system administration for existing and future programs.
2. Do not revert to the state general fund.
3. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
4. Are continuously appropriated.