ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: HHS DP 12-0-0-0 |Third Read 54-0-6-0-0

Senate: HHS DPA 7-0-0-0 | Third Read 25-1-4-0

HB 2195: nursing facilities; records; surveys; timelines

Sponsor: Representative Bliss, LD 1

Senate Engrossed

Overview

Requires the Arizona Department of Health Services (DHS) to initiate complaint investigations relating to nursing care institutions consistent with the Centers for Medicare and Medicaid Services (CMS) timeframes based on the triaged severity level of each complaint. Provides DHS access to personnel records of nursing care institutions and assisted living facilities.

History

Nursing care institutions are health care institutions that provide inpatient beds or resident beds and nursing services to individuals who need continuous nursing services but who do not require hospital or direct daily care from a physician. An assisted living facility is a residential care institution, including adult foster care homes, that provide supervisory care services, personal care services or directed care services on a continuous basis (A.R.S. § 36-401).

Provisions

Access to Personnel Records

1. Grants DHS access to personnel records of nursing care institutions and assisted living facilities which is limited to the individual's:

a. name, date of birth and contact telephone number; and

b. starting date of employment or volunteer service and, if applicable, the ending date. (Sec. 1)

2. Allows DHS to access the following documentation for each personnel member, employee or volunteer of a nursing care institution and assisted living facility:

a. qualifications, including skills and knowledge applicable to the individua's job duties;

b. education and experience applicable to the individual's job duties;

c. compliance with fingerprint clearance card requirements;

d. orientation and in-service education requirements;

e. licensure or certification requirements, if applicable;

f. clinical oversight, if the individual is a behavioral health technician;

g. cardiopulmonary resuscitation training, if required;

h. first aid training, if required;

i. evidence of freedom from infectious tuberculosis, if required; and

j. if the individual is a nutrition and feeding assistant, both:

i. completion of the nutrition and feeding assistant training course; and

ii. a nurse's observation. (Sec. 1)

3. Prohibits DHS from imposing a violation on a licensee for not making a vaccination available if there is a shortage of that vaccination. (Sec. 1)

Statement of Deficiencies

4. Requires DHS to issue any statement of deficiencies to a nursing care institution within 10 business days after completing the state survey. (Sec. 2)

5. Prohibits DHS from initiating a complaint investigation relating to a nursing care institution more than 12 months after the alleged basis of the occurred incident, unless the complaint involves allegations of criminal abuse or neglect and a person who has the duty to report fails to report the possible abuse or neglect. (Sec. 2)

6. Specifies that if a licensee has records that were lawfully destroyed pursuant to retention requirements, then DHS cannot cite the licensee for failure to produce the records for an investigation initiated more than 12 months after the alleged basis of the incident occurred. (Sec. 2)

7. Requires DHS to initiate complaint investigations relating to nursing care institutions consistent with CMS timeframes based on the triaged severity level of each complaint. (Sec. 2)

Miscellaneous

8. Specifies that long-term care incident reports are:

a. risk management tools to be used solely for internal investigations and quality improvement efforts;

b. confidential records of unplanned events or occurrences that are inconsistent with routine care that may impact a resident's safety, health or well-being;

c. used to support follow-up actions and identify opportunities for improvement and manage risk; and

d. maintained separately from the resident's medical record. (Sec. 3)

9. Makes technical and conforming changes. (Sec. 1)

Senate Amendments

1. Requires DHS, beginning July 1, 2027, to issue any statement of deficiencies to a nursing care institution within 10 business days after completing the state survey.

2. Specifies that a nursing care institution, regardless of the date a statement of deficiencies is issued, is required to comply with the statement of deficiencies and submit a corrective plan to DHS.

3. Prohibits DHS, when conducting a compliance inspection or initial complaint investigation, from considering or investigating any alleged violation that occurred more than 12 months before the date the complaint was submitted.

4. Clarifies that the exception to the 12-month limit on DHS complaint investigations applies if the complaint involves an abuse allegation.

5. Permits DHS to conduct an off-site preliminary review of a complaint or self-report using written or verbal communications or documentation from the licensee to determine whether an on-site compliance inspection or complaint investigation is necessary.

6. Directs DHS to close a complaint without further investigation if a review confirms that the licensee has:

a. implemented systems and processes that make further violations unlikely; and

b. provided sufficient evidence of compliance.

e. ---------- DOCUMENT FOOTER ---------

f. Initials AG HB 2195

g. 4/13/2026 Page 0 Senate Engrossed

i. ---------- DOCUMENT FOOTER ---------