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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
assisted
living centers; occupants
(NOW: assisted living; occupants)
Purpose
An emergency measure that outlines occupancy requirements for individuals living with a resident in an assisted living center or home and who do not receive supervisory, personal or directed care services.
Background
The Department of Health Services (DHS) licenses and oversees health care institutions in Arizona, including enforcement of relevant statutes, rules and regulations to ensure public health, safety and welfare. DHS must: 1) review and approve plans and specifications for health care institution construction or modification; 2) have access to books, records, accounts and other necessary health care institution information; and 3) require as a condition of licensure that nursing care institutions and assisted living facilities make vaccinations for influenza and pneumonia available to residents on a yearly basis. Additionally, DHS may: 1) inspect every part of a health care institution to ensure compliance with standard medical practice; 2) conduct investigations of health care institution conditions and problems with noncompliance; and 3) develop facility manuals and guides to health care institutions and the general public. A person must not establish, conduct or maintain a health care institution or any subclass of a health care institution in Arizona unless that person holds a current and valid license issued by DHS (A.R.S. §§ 36-406 and 36-407).
Health care institutions are every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies. Assisted living centers are an assisted living facility that provides resident rooms or residential units to eleven or more residents. Assisted living facilities are residential care institutions, including adult foster care homes, that provide or contract to provide supervisory, personal or directed care services on a continuous basis. Assisted living homes are assisted living facilities that provide resident rooms to ten or fewer residents (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an individual that does not receive supervisory, personal, or directed care services, if allowed by an assisted living center or home, to live with a resident in the assisted living center or home:
a) in the resident's unit; or
b) in any other unit within the assisted living center or home.
2. Prohibits DHS from the following:
a) placing any requirement on the individual that a resident would not need to comply; or
b) requiring the individual to have a service plan or to receive supervisory, personal or directed care services.
3. Becomes effective on signature of the Governor, if the emergency clause is adopted.
Amendments Adopted by Committee of the Whole
2. Adds an emergency clause.
Senate Action
RAGE 2/4/26 DPA 7-0-0
Prepared by Senate Research
February 17, 2026
JT/HD/ci