|
REFERENCE TITLE: long-term care; inspections; investigations |
|
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
|
|
SB 1293 |
|
|
|
Introduced by Senator Kaiser
|
An Act
amending section 36-424, Arizona Revised Statutes; amending title 36, chapter 4, article 2, Arizona Revised Statutes, by adding section 36-424.01; 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 36-424, Arizona Revised Statutes, is amended to read:
36-424. Inspections; suspension or revocation of license
A. Except as provided in subsection B of this section and section 36-424.01, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with the requirements of this chapter and the rules established pursuant to this chapter. The director may prescribe rules regarding department background investigations into an applicant's character and qualifications.
B. The director may accept proof that a health care institution is an accredited hospital or is an accredited health care institution in lieu of all compliance inspections required by this chapter if the director receives a copy of the institution's accreditation report for the licensure period and the institution is accredited by an independent, nonprofit accrediting organization approved by the secretary of the United States department of health and human services. If the health care institution's accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the health care institution during the time period the department does not have a valid accreditation report for the health care institution. For the purposes of this subsection, each licensed premises of a health care institution must have its own accreditation report. The director may not accept an accreditation report in lieu of a compliance inspection of:
1. An intermediate care facility for individuals with intellectual disabilities.
2. A health care institution if the health care institution has been subject to an enforcement action pursuant to section 36-427 or 36-431.01 within the year preceding the annual licensing fee anniversary date.
C. On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules. Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter. Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.
D. The director shall immediately report to the board of examiners of nursing care institution administrators and assisted living facility managers information identifying that a nursing care institution administrator's conduct may be grounds for disciplinary action pursuant to section 36-446.07.
Sec. 2. Title 36, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 36-424.01, to read:
36-424.01. Long-term care facilities; inspections; complaints; investigations; contractor; fund; reporting requirements; definition
A. Beginning July 1, 2024, the department shall contract with a third-party entity to conduct all inspections, complaint investigations and survey duties relating to long-term care facilities.
B. Notwithstanding section 36-424, the contractor shall inspect each long-term care facility at least twice annually, in addition to any inspection that is necessary in response to a complaint investigation. All inspections of long-term care facilities shall be unannounced and may occur at any time.
C. The third-party entity that is contracted pursuant to this section may not accept proof of accreditation or an accreditation report in lieu of a compliance inspection.
D. The third-party entity shall immediately report to the board of examiners of nursing care institution administrators and assisted living facility managers any information that indicates that a nursing care institution administrator's or an assisted living facility manager's conduct may be grounds for disciplinary action pursuant to section 36-446.07.
E. Each long-term care facility shall display a sign in each patient's or resident's room that provides information about how to make a complaint regarding abuse or neglect to the state long-term care ombudsman, the department and the third-party entity responsible for complaint investigations and inspections.
F. The long-term care facility inspection fund is established consisting of legislative appropriations and, notwithstanding section 36-405, all fees collected by the department from long-term care facilities pursuant to this article and article 1 of this chapter. The department shall administer the fund and shall use the monies in the fund to contract with a third-party entity pursuant to this section. Monies in the fund are subject to legislative appropriation.
G. On or before DECEMBEr 1, 2024, and each year thereafter, the third-party entity shall issue a report to the governor, the chairpersons of the senate and house of representatives health and human services committees, or their successor committees, the speaker of the house of representatives, the president of the senate, the director of the joint legislative budget committee and the director of the DEPARTMENT and shall provide a copy of the report to the secretary of state. The report shall provide information regarding the condition of all long-term care facilities in this state, inspection and survey results and the disposition of complaint investigations.
H. For the purposes of this section, "long-term care facility" means a nursing care institution, an assisted living facility and an assisted living home.