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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
electronic monitoring; long-term care
Purpose
Requires, by December 1, 2026, or on initial licensure, assisted living facilities and nursing care institutions to disclose to the Department of Health Services (DHS) the facility's policies regarding the use of electronic monitoring devices and other monitoring technology in resident rooms, personal spaces and common areas and to notify DHS of any subsequent policy updates.
Background
DHS licenses and regulates long-term care facilities, including assisted living facilities, in Arizona. Long-term care facilities provide a variety of services, including medical and personal care, to individuals who are unable to live independently. This may include: 1) assisted living facilities, which are residential care institutions, including adult foster care homes, that provide or contract to provide supervisory care services, personal care services or directed care services on a continuous basis; and 2) nursing care institutions, which are healthcare institutions that provide inpatient or resident beds and nursing services to persons who need continuous nursing services but do not require hospital care or direct daily care from a physician (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) allows residents to install an electronic monitoring device in the resident's room or personal space;
b) uses electronic monitoring devices in the common spaces of the facility; and
c) uses a technology solution that allows the facility to monitor and identify who enters and exits a resident's room and the movement or activity of the person while in the resident's room.
2. Requires assisted living facility and nursing care institution licensees to ensure that DHS is notified of any changes to a facility's:
a) policy on electronic monitoring devices in a resident's room or personal space; or
b) use of electronic monitoring or another technology solution.
3. Requires DHS to post each facility's electronic monitoring status on its public website.
4. Defines electronic monitoring as the use of an electronic monitoring device in the room of a resident of a nursing care institution or assisted living facility to record or transmit sounds or activity to or for the resident, the resident's authorized representative or an authorized third party, including the tapes or recordings from the electronic monitoring device.
5. Defines electronic monitoring device as any device or technology that has a placed, fixed or otherwise installed location that captures, records or broadcasts audio or video, or both, and is used for electronic monitoring.
6. Defines resident as a person who resides in an assisted living facility or nursing care institution.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires licensed assisted living facilities and nursing care institutions to disclose the facility's electronic monitoring device policy to DHS by December 1, 2026.
2. Replaces the requirement that licensed assisted living facilities and nursing care institutions disclose the facility’s electronic monitoring device policy upon license renewal with a requirement that licensees notify DHS of any changes to the policy after initial disclosure.
3.
Requires disclosure of facility electronic monitoring device policies to
be submitted in a
DHS-approved format.
Amendments Adopted by Committee of the Whole
1. Expands the electronic monitoring information that assisted living facilities and nursing care institutions must submit to DHS to include whether the facility uses:
a) electronic monitoring devices in the common spaces of the facility; and
b) a technology solution that allows the facility to monitor and identify who enters and exits a resident's room and the movement or activity of the person while in the resident's room.
2. Requires assisted living facilities and nursing care institutions to notify DHS of any changes to the facility's use of electronic monitoring or a technology solution.
3. Makes technical and conforming changes.
Senate Action
HHS 2/18/26 DPA 7-0-0
Prepared by Senate Research
March 3, 2026
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