House Engrossed

State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017

HOUSE BILL 2090

 

AN ACT

 

Amending section 36‑406, Arizona Revised statutes; relating to health care institutions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-406, Arizona Revised Statutes, is amended to read:

START_STATUTE36-406.  Powers and duties of the department

In addition to its other powers and duties:

1.  The department shall:

(a)  Administer and enforce this chapter and the rules, regulations and standards adopted pursuant thereto to this chapter.

(b)  Review, and may approve, plans and specifications for construction or modification or additions to health care institutions regulated by this chapter.

(c)  Have access to books, records, accounts and any other information of any health care institution reasonably necessary for the purposes of this chapter.

(d)  Require as a condition of licensure that nursing care institutions and assisted living facilities make vaccinations for influenza and pneumonia available to residents on site on‑site on a yearly basis.  The department shall prescribe the manner by in which the institutions and facilities shall document compliance with this subdivision, including documenting residents who refuse to be immunized.  The department shall not impose a violation on a licensee for not making a vaccination available This subdivision does not apply if there is a shortage of that vaccination vaccine in this state as determined by the director.

(e)  Monitor the centers for medicare and medicaid services hospital inpatient quality reporting and value based purchasing programs for changes to measures of timely and effective care that include offering the influenza vaccination and assessing the status of patients who are at least sixty‑five years of age.  If the centers for medicare and medicaid services no longer include the assessment of patients who are at least sixty‑five years of age and the offering of the influenza vaccination in the hospital quality programs, the department shall notify the chairperson of the house of representatives health committee and the chairperson of the senate health and human services committee, or their successor committees, in order to consider whether a change in state law or rule to continue to require hospitals to assess patients who are at least sixty‑five years of age and offer the influenza vaccination is in the best interest of the public health.

2.  The department may:

(a)  Make or cause to be made inspections consistent with standard medical practice of every part of the premises of health care institutions which that are subject to the provisions of this chapter as well as those which that apply for or hold a license required by this chapter.

(b)  Make studies and investigations of conditions and problems in health care institutions, or any class or subclass thereof of health care institutions, as they relate to compliance with this chapter and rules, regulations and standards adopted pursuant thereto to this chapter.

(c)  Develop manuals and guides relating to any of the several aspects of physical facilities and operations of health care institutions or any class or subclass thereof of health care institutions for distribution to the governing authorities of health care institutions and to the general public.