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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
long-term care; inspections; investigations
Purpose
Requires, beginning July 1, 2024, the Department of Health Services (DHS) to contract with a third-party entity to inspect long-term care facilities and outlines inspection and reporting requirements. Establishes the Long-Term Care Facility Inspection Fund (Fund) and outlines Fund requirements.
Background
DHS has regulatory authority and oversight of Arizona health care institutions, including licensing and certification. DHS may: 1) make or cause to be made inspections of every part of a health care institution's premises, consistent with standard medical practice; and 2) make studies and investigations of conditions and problems in health care institutions as they relate to compliance with outlined rules, regulations and standards (A.R.S. § 36-406).
On a determination by the DHS Director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements, the Director and any duly designated employee or agent of the Director may enter the premises of the institution for the purpose of determining the state of compliance of the rules and local fire codes. If an inspection reveals that the health care institution is not adhering to the established licensing requirements, the Director may take authorized action. Any health care institution, including an accredited hospital, whose license has been suspended or revoked is subject to inspection upon application for relicensure or reinstatement of licensure. The Director must immediately report to the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA Board) any information suggesting that a nursing care institution administrator's conduct may be grounds for disciplinary action (A.R.S. § 36-424).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, beginning July 1, 2024, DHS to contract with a third-party entity to conduct all inspections, complaint investigations and survey duties relating to long-term care facilities.
2. Requires the contracted third-party entity to inspect each long-term care facility at least twice annually, in addition to any inspection that is necessary in response to a complaint investigation.
3. Requires all inspections of long-term care facilities to be unannounced and occurring at any time.
4. Prohibits the third-party entity from accepting proof of accreditation or an accreditation report in lieu of a compliance inspection.
5. Requires the third-party entity, rather than the DHS Director, to immediately report to the NCIA Board 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.
6. Requires each long-term care facility to 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 Adult Protective Services, the State Long-Term Care Ombudsman, DHS and the third-party entity responsible for complaint investigations and inspections.
7. Requires, by December 1, 2024, the third-party entity to begin providing an annual report regarding the condition of all long-term care facilities, inspection and survey results and the disposition of complaint investigations to the:
a) Governor;
b) Chairpersons of the Senate and House of Representatives Health and Human Services Committees, or their successor committees;
c) Speaker of the House of Representatives;
d) President of the Senate;
e) Joint Legislative Budget Committee Director;
f) DHS Director; and
g) Secretary of State.
8. Establishes the Fund consisting of legislative appropriations and all fees collected by DHS from long-term care facilities.
9. Requires DHS to administer the Fund and use the monies to contract with a third-party entity.
10. Subjects monies in the Fund to legislative appropriation.
11. Defines long-term care facility as a nursing care institution, an assisted living facility or an assisted living home.
12. Makes conforming changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Includes, in long-term care facility signage requirements, information regarding how to make an abuse or neglect complaint to Adult Protective Services.
Senate Action
HHS 2/7/23 DPA 5-2-0
Prepared by Senate Research
February 8, 2023
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