PREFILED JAN 09 2026
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REFERENCE TITLE: nursing facilities; records; surveys; timelines |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2195 |
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Introduced by Representative Bliss
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AN ACT
Amending section 36-406, Arizona Revised Statutes; amending title 36, chapter 4, article 7, Arizona Revised Statutes, by adding section 36-447.03; Amending section 36-2402, 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:
36-406. Powers and duties of the department; access to personnel records
A. 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 of or additions to health care institutions regulated by this chapter.
(c) Except as provided in subsection B of this section, have access to books, records, accounts and any other information of any health care institution that are 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 which the NURSING care institutions and assisted living facilities shall must 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 a vaccine in this state as determined by the director.
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, 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 for distribution to the governing authorities of health care institutions and to the general public.
B. the department's access to the personnel records of a nursing care institution is limited to the following information for each personnel member, employee or volunteer:
1. The individual's name, date of birth and contact telephone number.
2. The individual's starting date of employment or volunteer service and, if applicable, the ending date.
3. Documentation of all of the following as pertaining to the individual:
(a) qualifications, including skills and knowledge applicable to the individual's job duties.
(b) education and experience applicable to the individual's job duties.
(c) compliance with the requirements of section 36-411.
(d) Orientation and in-service education as required by policies and procedures.
(e) licensure or certification, if the individual is required to be licensed or certified pursuant to this article or policies and procedures.
(f) If the individual is a behavioral health technician, clinical oversight as required by rule.
(g) Cardiopulmonary resuscitation training, if required for the individual by rule.
(h) First aid training, if required for the individual pursuant to this article or policies and procedures.
(i) Evidence of freedom from infectious tuberculosis, if required for the individual by rule.
(j) If the individual is a nutrition and feeding assistant, both:
(i) Completion of the nutrition and feeding assistant training course as required by rule.
(ii) A nurse's observations as required by rule.
Sec. 2. Title 36, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 36-447.03, to read:
36-447.03. Surveys; statement of deficiencies; initiation of complaint investigations; time frames; record retention
A. The department shall issue any statement of deficiencies to a nursing care institution within ten business days after completing the state survey.
B. The department may not initiate a complaint investigation relating to a nursing care institution more than twelve months after the alleged basis of the incident occurred unless the complaint involves allegations of criminal abuse or neglect and a failure by a person who has a duty to report the possible abuse or neglect pursuant to section 13-3620 or 46-454. If records that are maintained pursuant to article 4 of this chapter have been lawfully destroyed pursuant to retention requirements, the department may not cite the licensee for failure to produce the records for an investigation initiated more than twelve months after the alleged basis of the incident occurred.
C. The department shall initiate complaint investigations relating to nursing care institutions consistent with the centers for medicare and medicaid services time frames based on the triaged severity level of each complaint.
Sec. 3. Section 36-2402, Arizona Revised Statutes, is amended to read:
36-2402. Quality assurance activities; sharing of quality assurance information; immunity; confidentiality
A. State health care providers, hospitals and outpatient surgical centers shall, and other health care entities may, conduct quality assurance activities.
B. A health care entity may share quality assurance information with appropriate state licensing or certifying agencies and with licensed health care providers who are the subject of quality assurance activities. A hospital may share quality assurance information with other health care entities only with the approval of the hospital's medical executive committee or an equivalent committee.
C. A health care entity may share quality assurance information with other health care entities only for the purpose of conducting quality assurance activities.
D. A health care entity or person that provides or receives information, that participates, takes any action or makes any decision or recommendation in the course of quality assurance activities or that furnishes any records, information or assistance to a health care entity for or in the course of quality assurance activities is not subject to liability for civil damages or any legal action in consequence of such action except as provided in section 36-445.02.
E. Quality assurance activities conducted by state, county or local medical, pharmacy and dental associations and societies on behalf of a health care entity are immune from civil liability to the same degree as the facility for which the review activities are conducted.
F. Health care entities may jointly conduct quality assurance activities.
G. This section does not relieve any health care entity from liability arising from the treatment of a patient or from negligent credentialing decisions.
H. Quality assurance documents prepared by a nursing care institution pursuant to this section are not a part of a patient's medical record. Quality assurance documents provided by a nursing care institution to the department of health services for regulatory purposes remain confidential and privileged pursuant to section 36-2403.