Read the full stored bill text
HB2195 - 572R - S Ver
Senate Engrossed
House Bill
nursing facilities;
records; surveys; timelines
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2195
AN
ACT
Amending section 36-406, Arizona Revised
Statutes; amending title 36, chapter 4, article 7, Arizona Revised Statutes, by
adding sections 36-447.03 and 36-447.04; Amending section 36-2402,
Arizona Revised Statutes; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAG
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 36-406, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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 if there is a shortage of that
vaccination 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.
END_STATUTE
Sec. 2. Title 36, chapter 4, article 7, Arizona
Revised Statutes, is amended by adding sections 36-447.03 and 36-447.04,
to read:
START_STATUTE
36-447.03.
Surveys; statement of deficiencies; initiation of complaint
investigations; time frames; record retention
A.
Beginning
JUly 1, 2027, the department shall issue any statement of deficiencies to a
nursing care institution within ten business days after completing the state
survey.
Notwithstanding the date that the
statement of deficiencies is issued, the nursing care institution shall comply
with the statement of deficiencies and submit a plan of correction to the
department.
B. iN CONDUCTING A COMPLIANCE
INSPECTION OR INITIAL COMPLAINT INVESTIGATION, THE DEPARTMENT MAY NOT CONSIDER
OR INVESTIGATE ANY ALLEGED VIOLATION THAT OCCURRED MORE THAN TWELVE MONTHS
BEFORE THE DATE THAT THE COMPLAINT WAS SUBMITTED TO THE DEPARTMENT.
c. tHE DEPARTMENT MAY INITIATE A
COMPLAINT INVESTIGATION FOR INCIDENTS THAT OCCURRED MORE THAN TWELVE MONTHS
BEFORE THE DATE THE COMPLAINT WAS SUBMITTED IF THE COMPLAINT INVOLVES AN
ALLEGATION OF ABUSE AS DEFINED IN SECTION 13-3623.
d. 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.
e. 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.
END_STATUTE
START_STATUTE
36-447.04.
Off-site preliminary reviews; compliance inspections;
complaint investigations
The department may 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. If
the review confirms that the licensee has implemented systems and processes
that make further violations unlikely and the licensee provides sufficient
evidence of compliance, the department shall close the complaint and no further
investigation is required.
END_STATUTE
Sec. 3. Section 36-2402, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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. LONG-TERM CARE INCIDENT REPORTS:
1. ARE A RISK MANAGEMENT TOOL TO BE
USED SOLELY FOR INTERNAL INVESTIGATIONS AND QUALITY IMPROVEMENT EFFORTS.
2. ARE CONFIDENTIAL RECORDS OF AN
UNPLANNED EVENT OR OCCURRENCE THAT IS INCONSISTENT WITH ROUTINE CARE AND THAT
MAY IMPACT A RESIDENT'S SAFETY, HEALTH OR WELL-BEING.
3. ARE USED TO SUPPORT FOLLOW-UP
ACTIONS AND IDENTIFY OPPORTUNITIES FOR IMPROVEMENT AND MANAGE RISK.
4. ARE MAINTAINED SEPARATELY FROM THE
RESIDENT'S MEDICAL RECORD.
END_STATUTE