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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
nursing facilities; records; surveys; timelines
Purpose
Modifies Department of Health Services (DHS) oversight and investigative procedures for nursing care institutions, including personnel record access and complaint investigations.
Background
Statute charges DHS with licensing and oversight of health care institutions in Arizona, including nursing care institutions, and enforcing health care institution statutes, rules and regulations. DHS must have access to books, records, accounts and other health care institution information necessary to enforce licensing requirements. DHS may inspect health care institutions to ensure compliance with applicable statutes and rules and conduct investigations of health care institution conditions and noncompliance. DHS may also investigate submitted complaints alleging violations of health care institution licensing statutes or rules and conduct inspections to determine compliance with applicable requirements. If an inspection or investigation identifies violations, DHS may cite the facility and take enforcement action as authorized by statute and rule (A.R.S. §§ 36-406 and 36-425).
Nursing care institutions are health care institutions that provide inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who 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.
1. Limits DHS' access to nursing care institution personnel records to the following information for each personnel member, employee or volunteer:
a) the individual's name, date of birth, telephone number, starting date of employment or volunteer service and, if applicable, the ending date; and
b) documentation of each of the following, as pertains to the individual:
i. qualifications, including skills and knowledge applicable to the individual's job duties;
ii. education and experience applicable to the individual's job duties;
iii. compliance with employee fingerprinting and background check requirements;
iv. orientation and in-service education, as required by policies and procedures;
v. licensure or certification, if required;
vi. clinical oversight, if the individual is a behavioral health technician;
vii. cardiopulmonary resuscitation training, if required by rule;
viii. first aid training, if required by statute or policies and procedures;
ix. evidence of freedom from infectious tuberculosis, if required by rule; and
x. if the individual is a nutrition and feeding assistant, both completion of required training and a nurse's observations.
3. Requires a nursing care institution, regardless of the date a statement of deficiencies is issued, to comply with the statement and submit a corrective plan to DHS.
4. Prohibits DHS from initiating a complaint investigation of a nursing care institution more than 12 months after the alleged incident occurred, unless the complaint involves allegations of criminal abuse or neglect or a failure to report by a statutorily mandated reporter.
5. Prohibits DHS from citing a licensee for failure to produce records for an investigation initiated more than 12 months after the incident occurred if the records were lawfully destroyed in accordance with retention requirements.
6. Requires DHS to initiate complaint investigations relating to nursing care institutions consistent with the time frames of the Centers for Medicare and Medicaid Services, based on the triaged severity level of each complaint.
7. Allows DHS to conduct an off-site preliminary review of a complaint or self-report using written or verbal communication or documentation from the licensee to determine whether an on-site compliance inspection or complaint investigation is necessary.
8. Requires DHS to close a complaint without further investigation if a review confirms that the licensee has:
a) implemented systems and processes reducing the likelihood of further violations; and
b) provided sufficient evidence of compliance.
9. Specifies that long-term care incident reports are:
a) a risk management tool to be used solely for the internal investigations and quality improvement efforts;
b) confidential records of an unplanned event or occurrence consistent with routine care and that may impact a resident's safety, health or well-being;
c) used to support follow-up actions and identify opportunities from improvement and manage risk; and
d) maintained separately from the resident's medical record.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires a nursing care institution, regardless of the date a statement of deficiencies is issued, to comply with the statement and submit a corrective plan to DHS.
2. Specifies that the requirement that DHS issue any statement of deficiencies to a nursing care institution within 10 business days after completing the state survey begins on July 1, 2027.
3. Broadens the exception to the 12-month limit on DHS complaint investigations to apply if a complaint involves criminal abuse or neglect or a mandatory reporter’s failure to report abuse or neglect, rather than requiring both.
4. Allows DHS to conduct an off-site preliminary review of a complaint or self-report using written or verbal communication or documentation from the licensee to determine whether an on-site compliance inspection or complaint investigation is necessary.
5. Requires DHS to close a complaint without further investigation if a review confirms that the licensee has:
a) implemented systems and processes reducing the likelihood of further violations; and
b) provided sufficient evidence of compliance.
House Action Senate Action
HHS 1/22/26 DP 12-0-0-0 HHS 3/11/26 DPA 7-0-0
3rd Read 2/25/26 54-0-6
Prepared by Senate Research
March 12, 2026
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