Monthly Archives: September 2019

September Newsletter

Posted on September 27, 2019 by Terry Hernlund

The September Newsletter has been released! Click here to read it.

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Susan Watchman Answers Your AHCCCS FAQs

Posted on September 18, 2019 by Terry Hernlund

Even though you and your staff may have worked with AHCCCS for a long time, there are certain repeat questions that seem to pop up on a regular basis.  Here are some of them:

Q:  We confirmed a prior authorization with a contracted AHCCCS plan several days before an outpatient surgery but didn’t “notify” on the date of the procedure, or when the patient became an inpatient.   Now the plan won’t pay.  Can they do that?

Your contract likely has language that says you will follow their policies and procedures and that allows the Plan to deny payment if you don’t notify the plan of the admission. 

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Arizona’s New LLC Act is Effective

Posted on September 18, 2019 by Terry Hernlund

Arizona has a new limited liability company act that became effective on September 1, 2019.  The new law (the “New LLC Act”) comprises sections 29-3101 through 29-4202 of the Arizona Revised Statutes and applies to all limited liability companies formed in Arizona on and after September 1, 2019.  The New LLC Act will automatically also apply to all Arizona limited liability companies, regardless of when formed, from and after September 1, 2020.  An existing Arizona limited liability company can “opt in” to the New LLC Act at any time prior to September 1, 2020 by amending its operating agreement to so state.

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Changes to the Purchaser Dwelling Act Took Effect August 27th

Posted on September 18, 2019 by Terry Hernlund

Earlier this year, the Legislature enacted SB1271, which made a number of changes to the Purchaser Dwelling Act (the “PDA”).  The PDA governs construction defect litigation involving single-family and multi-family homes.  SB1271 went into effect on August 27, 2019.

The legislation arose out of recommendations from the Construction Liability Apportionment Study Committee.  This committee was established by the Legislature in 2018 to study how liability for construction defects is apportioned and recommend changes to the law.  SB1271 was the committee’s final product.

The new law makes the following changes to the PDA and construction-defect litigation:

Indemnity:  One of SB1271’s foremost goals is to apportion liability for construction defects based on each party’s own share of fault for that defect. 

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