ARIZONA HOUSE OF REPRESENTATIVES

HB 2529: assisted living; referrals; disclosure

PRIME SPONSOR: Representative Campbell, LD 1

BILL STATUS: Conference Engrossed

Abstract

Relating to Assisted Living Facilities and disclosures to patients.

Provisions

1. Requires a referral agency to disclose, AT THE TIME OF OR BEFORE ANY REFERRAL BEING MADE, the following to a any prospective resident that has been referred to a Facility or their representative:

a. Any current business relationship between the Facility and referral agency, including specified information; and

b. The fee THAT the Facility pays A FEE to the referral agency for the referral. (Sec. 1) (CONFERENCE)

2. REQUIRES A REFERRAL AGENCY TO DISCLOSE THE FEE AMOUNT OR A GOOD FAITH ESTIMATE PAID BY THE FACILITY TO THE NEW RESIDENT OR THE RESIDENT'S REPRESENTATIVE EITHER BEFORE, OR AT THE TIME OF THE RESIDENT'S ADMISSION DATE. (Sec. 1) (CONFERENCE)

3. Requires a disclosure to be:

a. Signed and dated by all parties;

b. Provided to the Facility at or before the time of a prospective resident's admittance; and

c. Maintained on file at the Facility. (Sec. 1) (CONFERENCE)

4. REQUIRES THE PROSPECTIVE RESIDENT OR THE RESIDENT'S REPRESENTATIVE AND THE REFERRAL AGENCY TO SIGN AND DATE OR ELECTRONICALLY ACKNOWLEDGE AND DATE BOTH DISCLOSURES. (Sec. 1) (CONFERENCE)

5. REQUIRES A REFERRAL AGENCY TO PROVIDE:

a. AN ELECTRONIC OR HARD COPY OF THE DISCLOSURES TO THE PROSPECTIVE RESIDENT OR THEIR REPRESENTATIVE; AND

b. A COPY OF THE SIGNED AND DATED OR ELECTRONICALLY ACKNOWLEDGED DISCLOSURES TO THE FACILITY AT THE SAME TIME THE RESIDENT RECEIVES BOTH DISCLOSURES.

i. REQUIRES A FACILITY TO MAINTAIN A COPY OF THE DISCLOSURES. (Sec. 1) (CONFERENCE)

6. Prohibits a Facility from paying a fee regarding a prospective resident until the Facility receives a signed disclosure. (Sec. 1)

7. Prescribes a $1,000 civil penalty for each violation. (Sec. 1)

8. Permits the Attorney General or a city or county attorney to initiate a proceeding in Superior Court to recover an assessed penalty and to restrain and enjoin a violation. (Sec. 1)

9. Requires any collected penalty to be deposited into the GF of the prosecutorial jurisdiction. (Sec. 1)

10. Defines referral agency and ELECTRONICALLY. (Sec. 1) (CONFERENCE)

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Fifty-third Legislature                  HB 2529

Second Regular Session                               Version 5: Conference Engrossed

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