AS PASSED BY COMMITTEE

AMENDED

ARIZONA STATE SENATE

RESEARCH STAFF

NICHOLAS WILLIS

RESEARCH ANALYST INTERN

CHERIE STONE

LEGISLATIVE RESEARCH ANALYST

HEALTH & HUMAN SERVICES COMMITTEE

Telephone: (602) 926 -3171

TO:                  MEMBERS OF THE SENATE

DATE:            March 16, 2018

SUBJECT:      Strike everything amendment to H.B. 2529, relating to assisted living; referrals; disclosure

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Purpose

Requires a referral agency to disclose to any referred patient the business relationship between the referral agency and the assisted living facility and the fee the agency receives for referrals.

Background

Assisted living facility means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis (A.R.S. § 36-401).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires a referral agency to disclose to any patient or representative of a patient who has been referred by the referral agency for care at an assisted living facility the following:

a) the existence of any current business relationship between the referral agency and the assisted living facility; and

b) the fee the assisted living facility pays to the referral agency in connection with the referral.

2. Establishes that the documentation of this disclosure must be signed and dated by both the patient or representative and the referral agency and maintained on file at the assisted living facility.

3. Prohibits an assisted living facility from paying any referral fee associated with the patient until the assisted living center receives the signed disclosure.

4. Enables the Attorney General, a municipal attorney or any aggrieved patient or representative to institute a proceeding to recover a civil penalty of 1,000 dollars for each violation, if a referral agency violates disclosure requirements.

5. Directs any civil penalty recovered to be deposited in the General Fund of the prosecuting jurisdiction.

6. Defines referral agency as a person or entity that provides referrals for a fee and excludes an assisted living facility or its employees or a resident of an assisted living facility or their family.

7. Becomes effective on the general effective date.

Amendments Adopted in Committee

· Adopted the strike-everything amendment.

Senate Action

HHS    3/14/18     DPA/SE     6-0-1