The Arizona Legislature is at it again, trying one more time to see if the federal Supremacy clause really means what it says:
REFERENCE TITLE: hospital admissions; restrictionsemphasis added
State of Arizona
House of Representatives
First Regular Session
Representatives Smith, Kwasman, Seel: Thorpe
amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-415; relating to health care institutions.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-415, to read:
START_STATUTE36-415. Hospitals; patients; verification and reporting requirements; immunity
A. If a person who seeks or is receiving emergency or nonemergency medical care at a hospital cannot provide valid health insurance information, the hospital admissions officer or representative must reasonably confirm during the course of the person's admission or treatment that the person is a citizen of the United States, a legal resident of the united states or lawfully present in the United States. The admissions officer or representative may use any method prescribed in section 1-501 to verify citizenship, legal status or lawful presence and may use the following means of verification:
1. A United States military identification card.
2. A driver license from any state of the United States.
3. Any valid documentation of identity and residence issued by a state in this country.
4. Proof of citizenship from a country that participates in the visa waiver program recognized by the United States government.
5. Proof of Canadian citizenship.
6. Proof of a valid nonimmigrant visa that is recognized by the United States government.
B. If the admissions officer or representative after making a reasonable attempt cannot verify the patient's citizenship, legal status or lawful presence as required pursuant to subsection a of this section, the admissions officer or representative, or a person not directly involved in administering the patient's actual medical care, must immediately contact the local federal immigration office or a local law enforcement agency to report the incident.
C. A hospital must submit an annual report to the department to document its compliance with the requirements of this section in a manner and form prescribed by the department. Each report must include documentation regarding the number of persons who did not show proper or valid information and the number of referrals to immigration or law enforcement, or both, pursuant to subsection b of this section. The department shall take all reasonable action to collect the data and submit a report on or before November 15 of each year to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the appropriations committees of the senate and the house of representatives.
D. A hospital that complies with the requirements of this section is not subject to civil liability.
It's not foreigners we want to keep from medical services, it's just some foreigners (maybe you can guess which ones?). Those silly old federal laws about not discriminating based on national origin don't mean nuthin' round here, and we've got taxpayer millions to spend going to court to prove it. Or not.
Article VI, Clause 2 of the Constitution of the United States
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.What was that definition of insanity again?