Biggs v. BetlachAnnotate this Case
The Supreme Court rejected a constitutional challenge to the provision in Ariz. Rev. Stat. 36-2901.08(A) that the director of Arizona’s indigent health care program, Arizona Health Care Cost Containment System (AHCCCS), “shall establish, administer and collect an assessment” from Arizona hospitals (the hospital assessment). The legislature added this provision to fund the costs remaining after federal monies to expand coverage under AHCCCS, as provided for in H.B. 2010, which the legislature enacted in 2013 by a simple majority vote. The Supreme Court held that the hospital assessment is not subject to Ariz. Const. art. IX, 22, which generally requires that acts providing for a net increase in state revenues be approved by a two-thirds vote in each house of the legislature, because the exception set forth in Ariz. Const. art. IX, 22(C)(2) that the above requirement does not apply to statutorily authorized assessments that “are not prescribed by formula, amount or limit, and are set by a state officer or agency” applied in this case.